Bill to amend Gibraltarian status and residency criteria published amid 'influx' concerns

A bill to amend permanent residency and Gibraltarian status criteria has been published.

It changes the qualifying period from 10 to 20 years under the Gibraltarian Status act, and from 5 to 10 years for permanent residency under the Immigration Act.

It will come before Parliament before becoming law.

The Government says there’s been mounting pressure on public institutions caused by an influx in people over recent years.

If this is left unchecked, it says it could create an unsustainable situation for the community.

Applications for ordinary residency were put on pause three weeks ago, when unexpected immigration regulations were published.

The government has been working on a new framework to set out who can live in Gibraltar.

Though this bill does not answer all questions on how residency in Gibraltar will work going forward, it reflects a general move towards tightening the screws on who is entitled to use the services and systems available on the Rock.

This bill would amend the Gibraltarian Status Act to ensure only individuals with, what Government describes as, a deep, significant relationship with the Rock should be registered.

The act dates back to 1962 and the Government says the existing framework has allowed persons to register based on descent with little or no connection to Gibraltar.

The current legislation means the status can be granted if a person’s grandparent was merely entitled to registration – even if they hadn't actually registered as a Gibraltarian.

This would limit applications, in most cases, to a person who has a gibraltarian registered parent.

The bill, if passed, clarifies the definition of a child as under 18 years old under the Act. The Government says until now this lack of clarity has created a loophole that’s been exploited by adult children.

Ministerial discretion can be used to confer Gibraltarian status on individuals if they fit certain criteria. But under this bill, the period of residency required for this has changed from 10 to 20 years.

The bill could also change the permanent residency criteria in the Immigration, Asylum and Refugee Act from 5 to 10 years.

This will not apply to anyone within scope of the withdrawal agreement, the EEA EFTA separation agreement or the Swiss citizens’ rights agreement.

The Government says these changes are proportionate and necessary in securing the Rock institutions for Gibraltarians and non-Gibraltarians who have made the Rock their place of business and their home.