Gibraltar’s Residency Rules: new context from answers to questions in the Gibraltar Parliament

Gibraltar’s residency regime is undergoing a period of deliberate recalibration. Following sustained growth in demand for residence, coupled with Gibraltar’s changing external environment, the Government has been working on a revised residency framework intended to ensure that long-term residence rights continue to reflect a genuine and durable connection to the jurisdiction.

During parliamentary proceedings yesterday, the Chief Minister provided a detailed update on how residency applications are currently being handled, the rationale for recent administrative measures, and the expected timing of the revised residency criteria. Those comments offer important clarity for individuals, businesses, and advisers navigating the system.

The Government’s stated objective is to protect the integrity of Gibraltar’s residency system by ensuring that both permanent residence and Gibraltarian status are reserved for those who genuinely live, work, and belong in the community.

Ministers have repeatedly pointed to the increasing pressure on housing, infrastructure, and public services caused by applications from individuals with limited real connection to Gibraltar. 

In Parliament, the Chief Minister confirmed that residency applications continue to be processed, but under tighter administrative controls.

Applications for new residence are being actively screened by the Department of Immigration and Home Affairs before they are formally accepted. Individuals who do not meet the applicable criteria are advised at counter level and are not permitted to submit a paid application. As a result, many enquiries and counter visits never convert into formal applications.

Since early November, over a thousand residence applications have been formally received, alongside several thousand counter visits and a significant volume of phone enquiries. This approach, the Chief Minister explained, is designed to manage demand and prevent non-compliant or ineligible cases from entering the system.

Importantly, the Chief Minister rejected any suggestion that applications passing initial screening are “eligible in principle”, noting that such language could create a legitimate expectation. Screening confirms only that an application may be considered.

The Chief Minister also addressed concerns around delays to ID card renewals. He confirmed that renewals and new ID card applications had been temporarily paused at the request of the Department of Immigration and Home Affairs while a large number of applications were reviewed to ensure that no administrative errors had been made.

That pause has now been lifted, all services have resumed, and there were no renewal applications pending at either 6 October 2025 or 5 January 2026. Renewal processing, the Chief Minister said, is fully up to date.

Gibraltarian status requires a real Gibraltarian connection

The Government has made clear that it intends to tighten the basis on which Gibraltarian status can be acquired.

Historically, it was possible in some circumstances to claim Gibraltarian status through a grandparent who was entitled to register but never did so. The Government considers that this allowed individuals with only distant family connections to Gibraltar to qualify.

Under the proposed reforms, registration will be based on parentage. An applicant will need to have a parent who is already a registered Gibraltarian. The legislation also clarifies that references to a “child” mean a person under the age of 18, preventing adult applicants from relying on provisions intended for minors.

For those applying on the basis of long residence, the qualifying period before an application can even be considered is increasing from 10 years to 20 years of continuous residence.

Permanent residence: higher thresholds here too

Permanent residence under the Immigration Act is also being tightened. The qualifying period is increasing from five years to ten years.

The Government has confirmed that these changes do not affect individuals whose rights are protected under existing international arrangements, including the UK-EU Withdrawal Agreement and related citizens’ rights regimes. Those protections remain intact.

Update in respect of residency framework timing

In Parliament, the Chief Minister confirmed that an Immigration Criteria Consultation Committee was established at Budget time last year to develop a revised residency framework. The committee was chaired by ‘the Father of the House’ Sir Joe Bossano, and included Ministers, officials from the Department of Immigration and Home Affairs, and representatives from key economic sectors, including financial services.

The work of the committee has now been completed. What remains outstanding is the publication of the revised framework itself.

The Chief Minister explained that the work was complex and sensitive, particularly in light of Gibraltar’s evolving external relationship and the potential operation of a treaty framework. Publishing partial or provisional criteria while negotiations were ongoing would, in the Government’s view, have risked confusion and speculative behaviour.

The Government now expects to publish the revised residency framework by mid-February. In the meantime, an interim framework is in place, including specific regulatory exemptions, to ensure that residency decisions continue to be taken in a controlled, fair, and lawful manner.

What this means in practice

For individuals and businesses considering relocation or long-term planning in Gibraltar, the message is one of caution and realism. Residency remains available, but thresholds are higher, scrutiny is stricter, and policy intent is clearly focused on genuine connection and contribution.

For those already resident, particularly those with protected status or established rights, the Government has repeatedly emphasised that legitimate rights are not being removed.

As the revised residency framework is published, further clarity will emerge. In the meantime, professional advice is essential to assess eligibility, timing, and risk under the current interim arrangements.

Any questions on this article, or more widely about residency, please get in touch with me, or with my AI me.