Draft legislation proposes tighter residency rules to address ‘system abuses’ 

The Gibraltar Government has published draft legislation to tighten requirements for residency and associated benefits, including the criteria for registration as a Gibraltarian. 

The changes are set out in the Gibraltarian Status and Immigration (Amendment) Bill 2025 and seek to address what the Government described as “systemic abuses” of existing provisions. 

“This Bill responds to mounting pressure on Gibraltar’s institutions caused by a rapid influx of individuals in recent years,” No.6 Convent Place said in a statement announcing publication of the draft legislation. 

“Left unchecked, this trend risks creating an unsustainable situation for the community.” 

“The Government is therefore taking decisive action to protect the integrity of its systems.” 

The Bill must yet be debated by the Gibraltar Parliament and, if approved, will amend two Acts of Parliament.  

The first is the Gibraltarian Status Act, which determines who is entitled to be registered in the Register of Gibraltarians.  

“Only persons who share a deep and significant relationship with the Rock should be registered,” No.6 said. 

But it added that the Act dates back to 1962, when the prevailing conditions were “markedly different” to the situation today.  

No.6 said individuals have generally been able to acquire Gibraltarian status by descent “without much qualification”.  

“This has led to persons being registered despite them - and in some cases their predecessors - having little or no connection with Gibraltar,” the Government statement said. 

The change to the legislation will, in most cases, limit applications to persons who have a parent that is also a registered Gibraltarian.  

Currently Gibraltarian status can be obtained by a person whose grandparent was “merely entitled to registration”.  

“That means that the grandparent did not even have to have been a registered Gibraltarian for the status to flow to a grandchild,” No.6 said. 

The Bill will also include an amendment making clear that a child is someone who is under 18 years of age.  

“We have seen how this generous language has been exploited by persons who have claimed status for adult children, and that loophole needs to be closed,” No.6 said. 

The Bill will also amend the eligibility criteria for British nationals seeking permanent residency here on the basis of ministerial discretion, increasing the requirement for continuous residence from the current 10 years to 20 years. 

The draft legislation also amends a section of the Immigration, Asylum and Refugee Act on the right to permanent residence, increases the qualifying period under that section from five to 10 years.  

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

“As previously mentioned, these changes are a proportionate and necessary step that will help secure Gibraltar’s institutions for Gibraltarians and for non-Gibraltarians who have made the Rock their place of business and their home,” No.6 said. 

The Bill, if passed by the Parliament, will take effect as from October 30. 

‘DRACONIAN’ 

Reacting to publication of the Bill, Together Gibraltar strongly condemned the proposed changes to the criteria for Gibraltarian status, describing them as “divisive”, “draconian”, and “deprived of evidence”. 

In a statement, the party said the Bill risks excluding long-term residents from access to benefits “to which they should be entitled” without providing clear justification.  

It criticised the Government for basing its proposals primarily on headline population figures from the 2022 census, arguing that no data has been published to show what benefits are being claimed by those affected. 

“Deciding who gets to be a Gibraltarian is one of the most sacred responsibilities we give our government,” TG said.  

“As such it is completely negligent for the government to be doing so in such a kneejerk manner.” 

Together Gibraltar questioned whether the Bill was intended to target individuals who have lived and worked in Gibraltar for a decade or more, suggesting that the real underlying issue was the current housing system. 

“Housing is the real crisis,” the statement continued.  

“Gibraltar operates a two-tier system where a fortunate few enjoy secure government rentals or access to ‘affordable’ housing, while many others are left to struggle with extortionate private rents.” 

The party also raised concerns about changes that would remove eligibility for individuals whose parents did not register them as Gibraltarians before they turned 18. 

“This is an extraordinarily harsh measure that will deprive people of residency in their own home, where their families live,” TG said in the statement. 

The party accused the Government of using divisive language “lifted straight from the far right in the UK” to frame long-term residents as an “influx”. 

It called on ministers to focus on unifying the community and addressing housing challenges. 

“Those who meet the current criteria are clearly wanted here, otherwise they would not be in continuous employment for 10 years,” the party said. 

“Gibraltar has always been a community of immigrants and strengthened by those who come here to work, to contribute, and to make this place their home.”