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Letter to the Clerk of the Committee from the Parliamentary Relations and Devolution Team, Foreign and Commonwealth Office, 4 October 2006
Thank you for your letter of 13 September 2006[1]. Within the Foreign Office, the Commission proposal to revise the EU Common Visa List and the associated Explanatory Memorandum has been considered by the Passports & Documentary Services Group of Consular Directorate, Overseas Territories Department and the Far Eastern Group. The views of all of these parties are reflected in what follows.
In terms of British Nationals Overseas (BNOs), the FCO has been lobbying the Commission for visa free access to the Schengen area for this group (of whom there are roughly 3.5 million in Hong Kong) for some time, and so welcomes the Commission proposal. The proposal also introduces a visa exemption for nationals of several Commonwealth countries (Antigua and Barbuda, the Bahamas, Barbados, Mauritius, St Kitts and St Nevis and the Seychelles) which currently require visas to enter the Schengen area. This brings the Common Visa List in line with the UK's own visa requirements, and is also to be welcomed.
However, the FCO has significant concerns when it comes to British Overseas Territories Citizens (BOTCs), who will be required to obtain visas to enter the Schengen area. These concerns regarding BOTC passport holders were communicated to the Home Office at the time of their original consultation on the Explanatory Memorandum which was when Overseas Territories Department first became aware of the proposal.
BOTCs are not a homogeneous group Gibraltar citizens for example have been recognised as UK Nationals for EU purposes since 1 January 1983 when the BNA 1981 came into effect; a separate Act gave British citizenship to Falkland Islanders in 1983; and the 2002 British Overseas Territories Act allowed most of the other BOTCs to acquire British Citizenship. Those originating from the sovereign base areas of Cyprus do not have the same avenues to British citizenship that other BOTCs do. Most of the citizens of the British Overseas Territories can have either a BOTC passport and, or a British Citizen Passport.
Many of the citizens of the Overseas Territories who can have a British Citizen passport choose to travel on a BOTC passport. The introduction of a visa requirement for them to travel to any country in the Schengen area would have an impact. The extent of that would vary from territory to territory. For example, many BOTCs from Anguilla have family and business connections with the neighbouring French territory of St Martin, which is in the Schengen area. Many Anguillians are frequent visitors to the St Martin, which is only a 30-minute ferry trip away. If BOTC passport holders from Anguilla had to obtain a Schengen visa they would have to go to an Embassy in the southern part of the Caribbean or mainland USA. In Pitcairn virtually the only way to get to and from the island is through French Polynesia. Although French Polynesia is not part of Schengen their immigration issues are a French responsibility. It is the view of the French Embassy in Wellington that a Pitcairn BOTC passport holder would need a visa to travel to French Polynesia. But to get a visa the person would have to transit French Polynesia. Although there are only about 50 people living on Pitcairn there would be real practical problems for them, The Commission's consultation document states:
As regards BOTC who have not become British citizens... these categories of people have what can only be regarded as tenuous links with the United Kingdom as they have no right of abode and are subject to immigration controls.. .There is also considerable uncertainty as to possible links to other States and the exact nature of such links. The Commission accordingly concludes that these categories should be subject to the visa requirements as there is a risk of illegal immigration.
The Commission appears to have a misunderstanding as to BOTC status and it is implied that persons holding BOTC passports constitute a risk to staying in the Schengen area illegally. If someone holds BOTC status through descent or because of birth in a territory, then they are automatically British Citizens and need only apply for a full British passport. BOTC status holders through naturalisation only need to register as British Citizens.
In view of the clear misunderstanding of the Commission on the status of BOTCs we believe a better solution would be to extend the visa exemption status to BOTC passports. (Gibraltar in any case is a member of the EU and it will be essential to ensure that their special circumstances are taken into account.)
The FCO also has concerns about exempting holders of all forms of British passports from visa requirements under the EU Common Visa List because not all British passports offer returnability. BN(O) passports clearly state a returnability to Hong Kong and BOTC passport holders also have returnability to which ever territory they belong. And, as noted above, BOTCs can be automatically registered as British citizens, which would give them the right of abode in the United Kingdoim
However, British Overseas Citizens (BOCs), certain categories of British Subjects - primarily those who have a connection with India and Pakistan and not those who have a connection with Southern Ireland and British Protected Persons (BPPs), do not have automatic returnability to their country of residence, They are also currently subject to control for their entry into the United Kingdom Clearly, if we have concerns about their entry into the United Kingdom and therefore insist on the issue of entry clearances (visas), we cannot expect our EU colleagues to waive this requirement for entry of these type of passport holders into their respective countries.
We are also anxious to ensure that BNOs receive the same parity of visa exemption to Schengen countries as Hong Kong Special Administrative Region passport holders do. We would not want the BNO visa-free access to the Schengen group of countries to be stalled because of a small group of British passport holders whose connection with the UK is tenuous and whose travel document has been issued partly due to the restrictive nature of other countries' nationality/citizenship laws.
I hope this provides you with some clarity.
Chris Stanton [1] See Foreign Affairs Committee, Miscellaneous Matters, HC 501, Ev36 |