As a result of the act, all who were
British Overseas Territories citizens (apart from those solely connected with the
Cyprus Sovereign Base Areas) immediately prior to 21 May 2002
automatically became full
British citizens on that date. Previously full British citizenship was either automatically accorded or granted without conditions on request only to people from
Gibraltar and the
Falkland Islands. The law was enacted five years after the end of British sovereignty over
Hong Kong, whose population had been vastly greater than all other British Dependent Territories put together. At the time the act was passed, there were approximately 200,000 spread across the different territories. This, effectively, means that BOTCs are in a unique position of simultaneously holding two forms of British nationality. The only exception to this are for those connected solely with the sovereign military bases in Cyprus, and those who acquired BOTC status voluntarily (i.e., through naturalization) after 21 May 2002. This has allowed residents of British Overseas Territories to apply for and travel on a separate
British passport describing them as a British citizen, to reside in the UK permanently without being subject to UK immigration control, to join the British armed forces and police forces, and to exercise rights under the Human Rights Act. Although not explicitly stated, the act also granted them
EU citizenship through UK's membership in the
European Union, which (until
UK's withdrawal from the EU was finalized) meant that BOTCs with British citizen passports were afforded all rights accorded to EU citizens in any EU country.
South Georgia and the South Sandwich Islands was included in the scope of the Act mainly due to its former association with the
Falkland Islands. The 2002 Act is similar in scope to the
British Nationality (Falkland Islands) Act 1983 and repealed some of that Act (without affecting the validity of any acquisition of British citizenship under that legislation). Those naturalizing as British overseas territories citizens after 21 May 2002 may submit an application to be registered as British citizens under section 4A of the 1981 Act, subject only to good character requirements. However, the application must be made voluntarily. Hence, it is still theoretically possible for a person to hold only BOTC status but not British citizenship after 2002, if they had never filed such an application or their application is refused by the UK government. While BOTCs of all the Overseas Territories (except the Sovereign Base Areas) are now either British citizens or eligible to acquire British citizenship (and therefore gain right of abode in the UK by virtue of being a British citizen), British citizens visiting Overseas Territories are still subject to local immigration controls and are, in most cases, given limited leave to remain by the territory's immigration officers. The act also renamed the legal term "British dependent territories" to "British overseas territories". Following the Chagos Archipelago handover agreement, the British government is also due to introduce legislation to implement the agreement, including amending the British Nationality Act 1981 to reflect that the British Indian Ocean Territory is no longer an overseas territory following Parliament's ratification of the treaty. ==Qualifying territories==