The Court of Appeal has recently confirmed in the case of the Minister of Home Affairs v Williams that people who belong to Bermuda under the Constitution cannot be treated differently to Bermudians in terms of work-permit restrictions.

Belongers include not just Bermudians, but also naturalised British Overseas Territories citizens, the wives of Bermudians and BOT citizens, and the children under the age of 18 of all of the mentioned classes. The Supreme Court has also held recently in Barbosa v Attorney-General that born BOT citizens can also be counted as Belongers, which is significant for some children who have been born or brought up in Bermuda. For decades, Bermuda has had a hidden group of “rights-less” citizens, who were born here and who are entitled to Bermuda passports, but, until the Barbosa case, had no recognised rights to live or work here.

A child will be a BOT citizen at birth if born in Bermuda before January 1, 1983 or, after that date, if one of the parents is permanently settled in Bermuda at the time of birth. A person can be registered as a BOT citizen before the age of 18 if their parent becomes a BOT citizen or permanently settled in Bermuda during their childhood. This will typically assist the children of permanent resident’s certificate holders — and, obviously, Bermudians — but there may be other people who would be counted as settled.

Further, a person can be registered as a BOT citizen at any time in their life if they were born in Bermuda and lived the first ten years of their life here. The adopted child of a BOT citizen automatically becomes a BOT citizen.

Children who do not fall into one of the earlier categories can still apply to be registered as a BOT citizen before the age of 18 in the discretion of the Governor. Normally it will be required that at least one parent is already a BOT citizen, although this may be waived for a teenager who has spent most of their life here. In this discretionary category, each case may turn on its own facts.

Barbosa is being appealed by the Government, but remains the law unless and until it is overturned by a higher court. Parents whose children were born or brought up in Bermuda may wish to take advice on whether their children are eligible for BOT citizenship.

In contrast to obtaining BOT citizenship by birth or childhood connections, naturalisation is for people who have lived here as adults. To naturalise, there cannot be any restrictions on the period for which you are allowed to remain in Bermuda. Typically, this means that Bermudians, spouses of Bermudians, PRC or residential certificate holders and their spouses can naturalise. However, in exceptional or compassionate circumstances, a person can apply for indefinite leave to reside in Bermuda, which would make them eligible for naturalisation.

The 1968 Constitution is a product of its time and only protects wives of Belongers — not husbands. Whatever the reason for this, it means that wives are treated as Belongers even if they split from their husband, up until the time that they enter into a legal deed of separation — ie, a financial support arrangement — or a divorce decree from the court.

Children of Belongers are treated as Belongers until the age of 18. This is a clear incentive for parents to naturalise, so that their children can access the same work-experience opportunities as children with Bermudian status until the age of 18.

It is also a logical extension that Belongers should not be discriminated against, compared with Bermudians, in various other areas of life.

Having Belonger status does not come with voting rights, nor does it bring any entitlement to Bermudian status. However, the Supreme Court held in Barbosa that the lack of a pathway to status for born BOT citizens is unconstitutional. There have not yet been any cases on the lack of a pathway to status for naturalised BOT citizens as opposed to born BOT citizens. It could be argued that would be discriminatory to deny a pathway to naturalised BOT citizens. Further, as the Chief Justice noted in the Carne & Correia case, the section 20B case from 2014, depriving BOT citizens of the right to vote is clearly inconsistent with Bermuda’s obligations under international treaties — citizens are supposed to be able to participate in a democracy. So, even if a case were unsuccessful in Bermuda’s courts, a complaint could be made to a United Nations human rights tribunal.

My impression is that everybody has focused on Bermudian status for so long that other types of Belongers have been completely overlooked. However, these recent cases are emphasising the importance of British Overseas Territories citizenship in Bermuda’s unique constitutional framework.

•Peter Sanderson is a barrister at Wakefield Quin Limited, and represented individuals in the court cases mentioned