Caroline Sawyer, Helena Wray Small territories outside the UK but which still come under British jurisdiction and sovereignty are known as British Overseas Territories (formerly British Dependent Territories) and are listed in schedule 6 of the British Nationality Act 1981. They include Anguilla, Bermuda, British Antarctic Territory, Montserrat, the British Indian Ocean Territory and the Cayman Islands. Most of those who were British Dependent Territories Citizens became British citizens with the right of abode under the British Overseas Territories Act 2002 (see 2.5 below). Larger territories which were once part of the Empire are now independent.11 Some such territories were self-governing dominions.12 Colonies were governed by the Crown via its appointed governor.13 The Channel Islands of Jersey and Guernsey and the Isle of Man are self-governing Crown dependencies but are within the UK for nationality purposes. These countries and their populations have close ties with the UK which are reflected in the provisions of British immigration and citizenship law and practice. The Ireland Act 1949 stated that Ireland was not a foreign country and that Irish citizens are not aliens. They can vote whilst resident in the UK and the Common Travel Area means that the borders between the Republic of Ireland and the UK are open.14 Living in the UK are substantial numbers of people with both British and another nationality (where this is permitted by the other state), and many permanent British residents who are only citizens of the other country. For the latter, it historically made little difference to everyday life and entitlements whether one was ‘settled’ as a citizen or as a permanent resident. The difference became more relevant when there was a policy of releasing British citizens in the United States detention centre at Guantanamo Bay but not British residents.15 Enhanced powers of deportation of convicted criminals without citizenship have also emphasised the difference although powers of deprivation of citizenship are again closing the gap. This report will consider first of all the historical constructions that have shaped the existing law, especially the implications of monarchy and the legacy of Empire. It will then explore the current citizenship regime. The concluding section provides an overview of the recent and current trajectory of British nationality and citizenship law. 11 For lawyers these are generally identifiable as having a common law system, rather than a civil law system as is prevalent in most of Europe. This also applies to the United States of America, though it became independent somewhat earlier than most. 12 Such as Canada, Australia, New Zealand, Newfoundland, South Africa, and the Irish Free State, as well as India, Pakistan and Ceylon (now Sri Lanka). 13 As for example the Colony of Virginia (subsequently part of the US); Australia, Canada, New Zealand and Ceylon / Sri Lanka before they became dominions; and a number of smaller territories such as Trinidad, British Guiana, Bermuda, Jamaica, Fiji, Belize, Sierra Leone, Granada, Lesotho, St Helena. 14 The Common Travel Area is a legacy of the historical union of mainland Britain and the island of Ireland; there are theoretically no border controls. Despite the publication of a consultation ‘Strengthening the Common Travel Area’ in July 2008 (ref 289423), its effective ending was proposed in the Borders, Citizenship and Immigration Bill in January 2009. The relevant provision was however removed from the Bill in April 2009, before it was enacted. 15 This was reversed, and the permanent residents were also released, when US policy changed. (AlRawi and others vs Secretary of State for Foreign and Commonwealth Affairs and another [2006] EWHC (Admin) 972, [2006] EWCA Civ 1279. 6 RSCAS/EUDO-CIT-CR 2014/1 - © 2014 Authors