The British Nationality (Falkland Islands) Act 1983 (1983 c. 6) is an

Act of Parliament Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of parliame ...

passed by the

Parliament of the United Kingdom The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprem ...

on 28 March 1983. The purpose of the Act was to grant British citizenship to residents of the

Falkland Islands The Falkland Islands (; es, Islas Malvinas, link=no ) is an archipelago in the South Atlantic Ocean on the Patagonian Shelf. The principal islands are about east of South America's southern Patagonian coast and about from Cape Dubouze ...

, a

British Overseas Territory The British Overseas Territories (BOTs), also known as the United Kingdom Overseas Territories (UKOTs), are fourteen territories with a constitutional and historical link with the United Kingdom. They are the last remnants of the former Br ...

in the

South Atlantic The Atlantic Ocean is the second-largest of the world's five oceans, with an area of about . It covers approximately 20% of Earth's surface and about 29% of its water surface area. It is known to separate the "Old World" of Africa, Europe a ...

. Under the

British Nationality Act 1981 The British Nationality Act 1981 (c.61) is an Act of the Parliament of the United Kingdom concerning British nationality since 1 January 1983. History In the mid-1970s the British Government decided to update the nationality code, which had b ...

, a resident of the Falkland Islands was classed as a

British Dependent Territories citizen A British Overseas Territories citizen (BOTC), formerly called British Dependent Territories citizen (BDTC), is a member of a class of British nationality granted to people connected with one or more of the British Overseas Territories (previo ...

unless they also had a connection with the

United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and ...

(UK) itself (such as through having a UK-born parent or grandparent). British Dependent Territories citizens were restricted in their right to enter and stay in the UK. The new Act conferred full British citizenship on the residents of the Falkland Islands, giving them more preferential status than that of other BDTCs, including BDTCs of

Gibraltar ) , anthem = " God Save the King" , song = "Gibraltar Anthem" , image_map = Gibraltar location in Europe.svg , map_alt = Location of Gibraltar in Europe , map_caption = United Kingdom shown in pale green , mapsize = , image_map2 = Gibr ...

(whose British citizenship must be voluntarily applied for). The 1983 Act had retrospective effect from 1 January 1983, the date on which the 1981 Act had come into effect. The 1983 Act was passed mainly in response to the

Falklands War The Falklands War ( es, link=no, Guerra de las Malvinas) was a ten-week undeclared war between Argentina and the United Kingdom in 1982 over two British dependent territories in the South Atlantic: the Falkland Islands and its territorial ...

, which was fought between the United Kingdom and

Argentina Argentina (), officially the Argentine Republic ( es, link=no, República Argentina), is a country in the southern half of South America. Argentina covers an area of , making it the List of South American countries by area, second-largest ...

over the sovereignty of the islands. The United Kingdom maintained that it would stand by the principle of

self-determination The right of a people to self-determination is a cardinal principle in modern international law (commonly regarded as a '' jus cogens'' rule), binding, as such, on the United Nations as authoritative interpretation of the Charter's norms. It sta ...

of allowing the Falkland Islanders to decide their own destiny. It had been arguedBloody Foreigners: The Story of Immigration to Britain page 368 – As before, the legislation was put to the test almost before the ink was dry. The Falkland Islanders had been classed by the Act only as 'dependent' citizens with no automatic right of abode in Britain. This might have played some part in convincing those in power in Buenos Aires to chance their luck. When the Argentine invasion came, however, Thatcher emphasised that the islanders were 'British in stock and tradition'. Michael Foot, the leader of the opposition, called them 'fellow citizens'. And Enoch Powell popped up to observe that the islanders were 'British people in … British territory.' by Robert Winder that the British Nationality Act 1981 had indicated British reluctance to hold the islands, as the residents were not legally full British citizens, and after the war ended in victory for the British, the 1983 Act was passed to clarify the United Kingdom's commitment to the islands. The Act has been largely superseded by the British Overseas Territories Act 2002, which granted full British citizenship to BDTCs of most remaining

British overseas territories The British Overseas Territories (BOTs), also known as the United Kingdom Overseas Territories (UKOTs), are fourteen territories with a constitutional and historical link with the United Kingdom. They are the last remnants of the former Bri ...

References

External links

* United Kingdom Acts of Parliament 1983 History of the Falkland Islands Nationality law in British Overseas Territories 1983 in the Falkland Islands Falkland Islands law 1983 in British Overseas Territories {{Falklands-stub

See also

References

External links