FALKLAND ISLANDS GOVERNMENT

                                                                                                                            PRESS STATEMENT

                                                                                                                                                                                                                       10 November 2022

Falkland Islands Status Amendments 2022

In September 2022 the Legislative Assembly approved amendments to the Falkland Islands Status Ordinance 1998. The amendments are made as part of an ongoing review of Falkland Islands status eligibility requirements, and ways to make the status application process more robust.

The amended Ordinance narrows the definition of a “qualified person” (which at the moment includes persons who are Commonwealth citizens), limiting the definition to include only persons who are British citizens, British Overseas Territory citizens or British Overseas citizens. In addition, qualified persons have to hold a permanent residence permit (unless certain limited criteria apply – those who held status under the former Constitution). 

The requirement for a qualified person to have been ordinarily resident in the Falkland Islands for the seven years immediately prior to their application remains, but there are amendments to the allowed absences in that period, which allow someone to be automatically regarded as having been ordinarily resident. The new allowed absences will be no more than 630 days aggregate in the seven-year period, no more than 90 days aggregate in any one of those 7 years, and the applicant must have been physically present in the Falkland Islands for the whole of the first 180 days of the first of the seven years. 

The amendments included in Falkland Islands Status (Amendment) Bill 2022 will come into force in May 2023 in order to allow those who have reached the 7-year residency point, but have not yet applied for Falkland Islands status, time to apply before the amendments come in to force. Those who qualify under the current Ordinance (Commonwealth citizen/do not hold PRP) and wish to apply for Falkland Islands status are encouraged to apply before the amendments come into force next year.

An online public consultation will be launched later this month seeking the views of the community on other proposed changes to status eligibility requirements.  Detailed information will be provided in a separate notice in due course.