Belonger Status

The concept of “belonger” status was introduced into the Anguilla constitution when it was amended in 1990, and is also found in the constitutions of other British Overseas Territories. I must point out right away that belongership is not the same thing as citizenship. While it confers certain privileges, particularly the right to reside in Anguilla without restriction, it does not reach the level of full citizenship. Citizenship, whether attained by birth or subsequently by naturalization or registration, is governed by the British Nationality Act of 1981 and the Anguilla constitution.

Section 80 of the constitution begins by authorizing the establishment of a Belonger Commission. It then goes on to essentially provide that a person shall be regarded as belonging to Anguilla if that person:

(a) is a British Dependent Territories (“BDT”) citizen who was born or adopted in Anguilla, or whose mother or father was born in Anguilla; or who became such a citizen at or after the commencement of the British Nationality Act 1981 by virtue of the naturalization or registration of himself, his mother of his father as a BDT citizen.

(b) is domiciled in Anguilla and has been ordinarily resident in Anguilla for not less than fifteen years and has been granted belonger status by the Belonger Commission. A person’s domicile is the place that he regards as his fixed and permanent home;

(c) was born in Anguilla of a father or mother who were born in Anguilla and are or were belongers;
(d) was born outside Anguilla, but has satisfied the Commission that his father or mother were born in Anguilla and are or were belongers;
(e) is the spouse of a person who is a belonger and has been married to that person for not less than five years; or is the spouse of a belonger, has been married for not less that three years and has been granted belonger status by the Commission.

A number of points should be noted. Firstly, a person can claim belonger status only through his parents and not through his grandparents. To give an example, a person who was born in England of Anguillian parents (who are belongers) is entitled to belongership status, but his children would not be so entitled.

Secondly, while the spouse of a belonger automatically becomes entitled to belonger status after five years of marriage, they can obtain such status after three years of marriage by applying to the Belonger Commission. Thirdly, belongership confers several privileges, such as freedom from immigration control, right of residence and the ability to own real property without the need for an alien landholding licence.

Finally, the entitlement to or grant of belonger status is most often a necessary pre-requisite for persons seeking to obtain BDT citizenship.

The Belonger Commission was established by the Belonger Commission Act of 1991, and has wide-ranging powers in connection with the consideration and grant of belonger status. It consists of five members: the Permanent Secretary in the Chief Minister’s office, who acts as chairman; the Chief Immigration Officer; the Attorney General and two other member appointed by the Governor, one after consultation with the Chief Minister and the other after consultation with the Leader of the Opposition. A quorum consists of three members, including at least one appointed member, but the Act urges the chairman to have all members present when difficult or important matters are to be considered.

The functions of the Commission are to grant belonger status to persons who prove that they are domiciled in Anguilla and have been resident for at least fifteen years; to grant such status to a spouse who proves marriage to a belonger for at least three years; to make determinations, in the case of persons born outside Anguilla, as to whether his mother or father are belongers; and to carry out related functions.

Applications to the commission are made in writing, but applicants may also be summoned to appear in person and produce evidence in support of their application.

The entitlement to belongership is obviously a very important ongoing issue. The wording of the constitution is complicated and unclear in some cases. It would be useful if it could be clarified where necessary, now that problems areas have had the chance to surface since the concept was introduced in 1990. Perhaps the entire concept needs to be re-examined. The Constitutional Review Commission has made a number of excellent recommendations in this regard, and it now remains to be seen whether they will be accepted in the up-coming talks between the UK and Anguillian governments.

Alex Richardson is Managing Partner of the law firm Alex Richardson & Associates, P O Box 371, The Babrow Building, The Valley, Anguilla, Tel: 264 498 4224, Fax: 264 498 4220, email: arichardson@anguillanet.com. He is also Managing Director of Paragon Corporate Services Ltd.