British Nationality Act 1981
A person born in the United Kingdom after commencement , or in a qualifying territory on or after the appointed day, shall be a British citizen if at the time of the birth his father or mother is—
a British citizen; or
settled in the United Kingdom or that territory.
A new-born infant who, after commencement, is found abandoned in the United Kingdom , or on or after the appointed day is found abandoned in a qualifying territory, shall, unless the contrary is shown, be deemed for the purposes of subsection (1)—
to have been born in the United Kingdom after commencement or in that territory on or after the appointed day; and
to have been born to a parent who at the time of the birth was a British citizen or settled in the United Kingdom or that territory.
A person born in the United Kingdom or a qualifying territory on or after the relevant day shall be a British citizen if at the time of the birth his father or mother is a member of the armed forces.
A person born in the United Kingdom after commencement who is not a British citizen by virtue of subsection (1) , (1A) or (2) or section 10A shall be entitled to be registered as a British citizen if, while he is a minor—
his father or mother becomes a British citizen or becomes settled in the United Kingdom; and
an application is made for his registration as a British citizen.
A person born in the United Kingdom after commencement who is not a British citizen by virtue of subsection (1) , (1A) or (2) or section 10A shall be entitled, on an application for his registration as a British citizen made at any time after he has attained the age of ten years, to be registered as such a citizen if, as regards each of the first ten years of that person’s life, the number of days on which he was absent from the United Kingdom in that year does not exceed 90.
Where— that minor shall, if the requirements of subsection (5A) are met, be a British citizen as from the date on which the order is made or the Convention adoption is effected, as the case may be.
any court in the United Kingdom or, on or after the appointed day, any court in a qualifying territory makes an order authorising the adoption of a minor who is not a British citizen; or
a minor who is not a British citizen is adopted under a Convention adoption effected under the law of a country or territory outside the United Kingdom,
A person born in the United Kingdom on or after the relevant day who is not a British citizen by virtue of subsection (1), (1A) or (2) or section 10A shall be entitled to be registered as a British citizen if, while he is a minor—
his father or mother becomes a member of the armed forces; and
an application is made for his registration as a British citizen
Where an order or a Convention adoption in consequence of which any person became a British citizen by virtue of subsection (5) ceases to have effect, whether on annulment or otherwise, the cesser shall not affect the status of that person as a British citizen.
If in the special circumstances of any particular case the Secretary of State thinks fit, he may for the purposes of subsection (4) treat the person to whom the application relates as fulfilling the requirement specified in that subsection although, as regards any one or more of the first ten years of that person’s life, the number of days on which he was absent from the United Kingdom in that year or each of the years in question exceeds 90.
In this section and elsewhere in this Act “settled” has the meaning given by section 50 ....
Those requirements are that on the date on which the order is made or the Convention adoption is effected (as the case may be)—
the adopter or, in the case of a joint adoption, one of the adopters is a British citizen; and
in a case within subsection (5)(b), the adopter or, in the case of a joint adoption, both of the adopters are habitually resident in the United Kingdom or in a designated territory.
The relevant day for the purposes of subsection (1A) or (3A) is the day appointed for the commencement of section 42 of the Borders, Citizenship and Immigration Act 2009 (which inserted those subsections).
A person born outside the United Kingdom and the qualifying territories after commencement shall be a British citizen if at the time of the birth his father or mother—
is a British citizen otherwise than by descent; or
is a British citizen and is serving outside the United Kingdom and the qualifying territories in service to which this paragraph applies, his or her recruitment for that service having taken place in the United Kingdom or a qualifying territory; or
is a British citizen and is serving outside the United Kingdom and the qualifying territories in service under an EU institution, his or her recruitment for that service having taken place in a country which at the time of the recruitment was a member of the European Union.
Paragraph (b) of subsection (1) applies to—
Crown service under the government of the United Kingdom or of a qualifying territory; and
service of any description for the time being designated under subsection (3).
For the purposes of this section the Secretary of State may by order made by statutory instrument designate any description of service which he considers to be closely associated with the activities outside the United Kingdom and the qualifying territories of Her Majesty’s government in the United Kingdom or in a qualifying territory.
Any order made under subsection (3) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
If while a person is a minor an application is made for his registration as a British citizen, the Secretary of State may, if he thinks fit, cause him to be registered as such a citizen.
A person born outside the United Kingdom and the qualifying territories shall be entitled, on an application for his registration as a British citizen made while he is a minor, to be registered as such a citizen if the requirements specified in subsection (3) or, in the case of a person born stateless, the requirements specified in paragraphs (a) and (b) of that subsection, are fulfilled in the case of either that person’s father or his mother (“the parent in question”).
The requirements referred to in subsection (2) are—
that the parent in question was a British citizen by descent at the time of the birth; and
that the father or mother of the parent in question—
was a British citizen otherwise than by descent at the time of the birth of the parent in question; or
became a British citizen otherwise than by descent at commencement, or would have become such a citizen otherwise than by descent at commencement but for his or her death; and
that, as regards some period of three years ending with a date not later than the date of the birth—
the parent in question was in the United Kingdom or a qualifying territory at the beginning of that period; and
the number of days on which the parent in question was absent from the United Kingdom and the qualifying territories in that period does not exceed 270.
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A person born outside the United Kingdom and the qualifying territories shall be entitled, on an application for his registration as a British citizen made while he is a minor, to be registered as such a citizen if the following requirements are satisfied, namely—
that at the time of that person’s birth his father or mother was a British citizen by descent; and
subject to subsection (6), that that person and his father and mother were in the United Kingdom or a qualifying territory at the beginning of the period of three years ending with the date of the application and that, in the case of each of them, the number of days on which the person in question was absent from the United Kingdom and the qualifying territories in that period does not exceed 270; and
subject to subsection (6), that the consent of his father and mother to the registration has been signified in the prescribed manner.
In the case of an application under subsection (5) for the registration of a person as a British citizen—
if his father or mother died, or their marriage or civil partnership was terminated, on or before the date of the application, or his father and mother were legally separated on that date, the references to his father and mother in paragraph (b) of that subsection shall be read either as references to his father or as references to his mother; and
if his father or mother died on or before that date, the reference to his father and mother in paragraph (c) of that subsection shall be read as a reference to either of them; ...
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This section applies to any person who is a British overseas territories citizen, a British National (Overseas), a British Overseas citizen, a British subject under this Act or a British protected person.
A person to whom this section applies shall be entitled, on an application for his registration as a British citizen, to be registered as such a citizen if the following requirements are satisfied in the case of that person, namely—
subject to subsection (3), that he was in the United Kingdom at the beginning of the period of five years ending with the date of the application and that the number of days on which he was absent from the United Kingdom in that period does not exceed 450; and
that the number of days on which he was absent from the United Kingdom in the period of twelve months so ending does not exceed 90; and
that he was not at any time in the period of twelve months so ending subject under the immigration laws to any restriction on the period for which he might remain in the United Kingdom; and
that he was not at any time in the period of five years so ending in the United Kingdom in breach of the immigration laws.
So much of subsection (2)(a) as requires the person in question to have been in the United Kingdom at the beginning of the period there mentioned shall not apply in relation to a person who was settled in the United Kingdom immediately before commencement.
If in the special circumstances of any particular case the Secretary of State thinks fit, he may for the purposes of subsection (2) do all or any of the following things, namely—
treat the person to whom the application relates as fulfilling the second requirement specified in subsection (2)(a) or the requirement specified in subsection (2)(b), or both, although the number of days on which he was absent from the United Kingdom in the period there mentioned exceeds the number there mentioned;
treat the person to whom the application relates as fulfilling the first requirement specified in subsection (2)(a) although the person was not in the United Kingdom at the beginning of the period there mentioned;
disregard any such restriction as is mentioned in subsection (2)(c), not being a restriction to which that person was subject on the date of the application;
treat that person as fulfilling the requirement specified in subsection (2)(d) although he was in the United Kingdom in breach of the immigration laws in the period there mentioned.
If, on an application for registration as a British citizen made by a person to whom this section applies, the Secretary of State is satisfied that the applicant has at any time served in service to which this subsection applies, he may, if he thinks fit in the special circumstances of the applicant’s case, cause him to be registered as such a citizen.
Subsection (4B) applies where, on an application for registration as a British citizen made by a person to whom this section applies, the applicant has indefinite leave to enter or remain in the United Kingdom.
Subsection (5) applies to—
Crown service under the government of a British overseas territory; and
paid or unpaid service (not falling within paragraph (a)) as a member of any body established by law in a British overseas territory members of which are appointed by or on behalf of the Crown.
The Secretary of State may for the purposes of subsection (2) treat the applicant as fulfilling the requirement specified in subsection (2)(d), without enquiring into whether or not the applicant was in the United Kingdom in breach of the immigration laws in the period there mentioned.
The reference in subsection (4A) to having indefinite leave to enter or remain is to be construed in accordance with the Immigration Act 1971.
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... A person who is a British overseas territories citizen by virtue of a connection with Gibraltar is entitled to be registered as a British citizen if an application is made for their registration as such a citizen.
If an application is made to register as a British citizen a person who is a British overseas territories citizen, the Secretary of State may if he thinks fit cause the person to be so registered.
Subsection (1) does not apply in the case of a British overseas territories citizen who—
is such a citizen by virtue only of a connection with the Sovereign Base Areas of Akrotiri and Dhekelia; or
has ceased to be a British citizen as a result of a declaration of renunciation.
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If, on an application for naturalisation as a British citizen made by a person of full age and capacity, the Secretary of State is satisfied that the applicant fulfils the requirements of Schedule 1 for naturalisation as such a citizen under this subsection, he may, if he thinks fit, grant to him a certificate of naturalisation as such a citizen.
If, on an application for naturalisation as a British citizen made by a person of full age and capacity who on the date of the application is married to a British citizen, or is the civil partner of a British citizen the Secretary of State is satisfied that the applicant fulfils the requirements of Schedule 1 for naturalisation as such a citizen under this subsection, he may, if he thinks fit, grant to him a certificate of naturalisation as such a citizen.
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An Irish citizen is entitled to be registered as a British citizen if—
an application for their registration is made under this section, and
they satisfy the requirements specified in subsection (2).
The requirements are that—
the person was in the United Kingdom at the beginning of the period of five years ending with the date of their application;
the person was absent from the United Kingdom for—
no more than 450 days in the period of five years ending with the date of their application, and
no more than 90 days in the period of 12 months ending with the date of their application; and
the person was not in the United Kingdom in breach of the immigration laws at any time in the period of five years ending with the date of their application.
If in the special circumstances of a particular case the Secretary of State thinks fit, the Secretary of State may treat the person as satisfying a requirement specified in subsection (2), even if they did not in fact satisfy the requirement.
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This section applies to a person who has the status of—
British Overseas citizen,
British subject under this Act, . . .
British protected person., or
British National (Overseas)
A person to whom this section applies shall be entitled to be registered as a British citizen if—
he applies for registration under this section,
the Secretary of State is satisfied that the person does not have, apart from the status mentioned in subsection (1), any citizenship or nationality, and
the Secretary of State is satisfied that the person has not after the relevant day renounced, voluntarily relinquished or lost through action or inaction any citizenship or nationality
For the purposes of subsection (2)(c), the “ relevant day ” means—
in the case of a person to whom this section applies by virtue of subsection (1)(d) only, 19th March 2009, and
in any other case, 4th July 2002.
A person is entitled to be registered as a British citizen if—
he applies for registration under this section, and
he satisfies each of the following conditions.
The first condition is that the applicant was born . . . before 1st January 1983.
The second condition is that the applicant would at some time before 1st January 1983 have become a citizen of the United Kingdom and Colonies—
under section 5 of, or paragraph 3 of Schedule 3 to, the 1948 Act if assumption A had applied,
under section 12(3), (4) or (5) of that Act if assumption B had applied and as a result of its application the applicant would have been a British subject immediately before 1st January 1949, or
under section 12(2) of that Act if one or both of the following had applied—
assumption A had applied;
assumption B had applied and as a result of its application the applicant would have been a British subject immediately before 1st January 1949.
Assumption A is that—
section 5 or 12(2) of, or paragraph 3 of Schedule 3 to, the 1948 Act (as the case may be) provided for citizenship by descent from a mother in the same terms as it provided for citizenship by descent from a father, and
references in that provision to a father were references to the applicant's mother.
Assumption B is that—
a provision of the law at some time before 1st January 1949 which provided for a nationality status to be acquired by descent from a father provided in the same terms for its acquisition by descent from a mother, and
references in that provision to a father were references to the applicant's mother.
For the purposes of subsection (3B), a nationality status is acquired by a person (“P”) by descent where its acquisition—
depends, amongst other things, on the nationality status of one or both of P's parents, and
does not depend upon an application being made for P's registration as a person who has the status in question.
In determining for the purposes of subsection (3) whether a person would have been a citizen of the United Kingdom and Colonies, the requirement that a person’s birth was registered at a United Kingdom consulate, as set out in section 5(1)(b) of the British Nationality Act 1948, is to be ignored.
The third condition is that immediately before 1st January 1983 the applicant would have had the right of abode in the United Kingdom by virtue of section 2 of the Immigration Act 1971 (c. 77) had he become a citizen of the United Kingdom and Colonies as described in subsection (3) above.
For the purposes of the interpretation of section 5 of the 1948 Act in its application in the case of assumption A to a case of descent from a mother, the reference in the proviso to subsection (1) of that section to “a citizen of the United Kingdom and Colonies by descent only” includes a reference to a female person who became a citizen of the United Kingdom and Colonies by virtue of—
section 12(2), (4) or (6) only of the 1948 Act,
section 13(2) of that Act,
paragraph 3 of Schedule 3 to that Act, or
section 1(1)(a) or (c) of the British Nationality (No. 2) Act 1964.
A person (“P”) born outside the United Kingdom and the qualifying territories on or after the relevant day is entitled to be registered as a British citizen if—
an application is made for P's registration under this section; and
each of the following conditions is satisfied.
The first condition is that, at the time of P's birth, P's father or mother was—
a member of the armed forces; and
serving outside the United Kingdom and the qualifying territories.
The second condition is that, if P is a minor on the date of the application, the consent of P's father and mother to P's registration as a British citizen has been signified in the prescribed manner.
But if P's father or mother has died on or before the date of the application, the reference in subsection (3) to P's father and mother is to be read as a reference to either of them.
The Secretary of State may, in the special circumstances of a particular case, waive the need for the second condition to be satisfied.
The relevant day for the purposes of this section is the day appointed for the commencement of section 46 of the Borders, Citizenship and Immigration Act 2009 (which inserted this section).
For the purposes of sections 4F to 4I, a person (“P”) meets the general conditions if—
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at the time of P's birth, P's mother—
was not married, or
was married to a person other than P's natural father;
no person is treated as the father of P under section 28 of the Human Fertilisation and Embryology Act 1990 or under section 35 or 36 of the Human Fertilisation and Embryology Act 2008;
no person is treated as a parent of P under section 42 or 43 of the Human Fertilisation and Embryology Act 2008; and
P has never been a British citizen.
A person (“P”) is entitled to be registered as a British citizen on an application made under this section if—
P meets the general conditions; and
P would be entitled to be registered as a British citizen under— had P's mother been married to P's natural father at the time of P's birth.
section 1(3),
section 3(2),
section 3(5),
section 4D,
paragraph 4 of Schedule 2, or
paragraph 5 of Schedule 2,
In the following provisions of this section “relevant registration provision” means the provision under which P would be entitled to be registered as a British citizen (as mentioned in subsection (1)(b)).
If the relevant registration provision is section 3(2), a person who is registered as a British citizen under this section is a British citizen by descent.
If the relevant registration provision is section 3(5), the Secretary of State may, in the special circumstances of the particular case, waive the need for any or all of the parental consents to be given.
For that purpose, the “parental consents” are— insofar as they would be required by section 3(5)(c) (as read with section 3(6)(b)), had P's mother been married to P's natural father at the time of P's birth.
the consent of P's natural father, and
the consent of P's mother,
A person (“P”) is entitled to be registered as a British citizen on an application made under this section if—
P meets the general conditions; and
at any time in the period after commencement, P would have automatically become a British citizen at birth by the operation of any provision of this Act or the British Nationality (Falkland Islands) Act 1983, had P's mother been married to P's natural father at the time of P's birth.
A person who is registered as a British citizen under this section is a British citizen by descent if the British citizenship which the person would have acquired at birth (as mentioned in subsection (1)(b)) would (by virtue of section 14) have been British citizenship by descent.
If P is under the age of 18, no application may be made unless the consent of P's natural father and mother to the registration has been signified in the prescribed manner.
But if P's natural father or mother has died on or before the date of the application, the reference in subsection (3) to P's natural father and mother is to be read as a reference to either of them.
The Secretary of State may, in the special circumstances of a particular case, waive the need for any or all of the consents required by subsection (3) (as read with subsection (4)) to be given.
The reference in this section to the period after commencement does not include the time of commencement (and, accordingly, this section does not apply to any case in which a person was unable to become a British citizen at commencement).
A person (“P”) is entitled to be registered as a British citizen on an application made under this section if—
P meets the general conditions;
P was a citizen of the United Kingdom and Colonies immediately before commencement; and
P would have automatically become a British citizen at commencement, by the operation of any provision of this Act, had P's mother been married to P's natural father at the time of P's birth.
A person who is registered as a British citizen under this section is a British citizen by descent if the British citizenship which the person would have acquired at commencement (as mentioned in subsection (1)(c)) would (by virtue of section 14) have been British citizenship by descent.
A person (“P”) is entitled to be registered as a British citizen on an application made under this section if—
P meets the general conditions;
P is either—
an eligible former British national, or
an eligible non-British national; and
had P's mother been married to P's natural father at the time of P's birth, P—
would have been a citizen of the United Kingdom and Colonies immediately before commencement, and
would have automatically become a British citizen at commencement by the operation of any provision of this Act.
In determining for the purposes of subsection (1)(c)(i) whether a person would have been a citizen of the United Kingdom and Colonies, the requirement that a person’s birth was registered at a United Kingdom consulate, as set out in section 5(1)(b) of the British Nationality Act 1948, is to be ignored.
P is an “eligible former British national” if P was not a citizen of the United Kingdom and Colonies immediately before commencement and either—
P ceased to be a British subject or a citizen of the United Kingdom and Colonies by virtue of the commencement of any independence legislation, but would not have done so had P's mother been married to P's natural father at the time of P's birth, or
P was a British subject who did not automatically become a citizen of the United Kingdom and Colonies at commencement of the British Nationality Act 1948 by the operation of any provision of it, but would have done so had P's mother been married to P's natural father at the time of P's birth.
P is an “eligible non-British national” if—
P was never a British subject or citizen of the United Kingdom and Colonies; and
had P's mother been married to P's natural father at the time of P's birth, P would have automatically become a British subject or citizen of the United Kingdom and Colonies—
at birth, or
by virtue of paragraph 3 of Schedule 3 to the British Nationality Act 1948 (child of male British subject to become citizen of the United Kingdom and Colonies if the father becomes such a citizen).
A person who is registered as a British citizen under this section is a British citizen by descent if the British citizenship which the person would have acquired at commencement (as mentioned in subsection (1)(c)(ii)) would (by virtue of section 14) have been British citizenship by descent.
In determining for the purposes of subsection (1)(c)(i) whether P would have been a citizen of the United Kingdom and Colonies immediately before commencement, it must be assumed that P would not have—
renounced or been deprived of any notional British nationality, or
lost any notional British nationality by virtue of P acquiring the nationality of a country or territory outside the United Kingdom.
A “notional British nationality” is—
in a case where P is an eligible former British national, any status as a British subject or a citizen of the United Kingdom and Colonies which P would have held at any time after P's nationality loss (had that loss not occurred and had P's mother had been married to P's natural father at the time of P's birth);
in a case where P is an eligible non-British national—
P's status as a British subject or citizen of the United Kingdom and Colonies mentioned in subsection (3)(b), and
any other status as a British subject or citizen of the United Kingdom and Colonies which P would have held at any time afterwards (had P's mother been married to P's natural father at the time of P's birth).
In this section— “British subject” has any meaning which it had for the purposes of the British Nationality and Status of Aliens Act 1914; “independence legislation” means an Act of Parliament or any subordinate legislation (within the meaning of the Interpretation Act 1978) forming part of the law in the United Kingdom (whenever passed or made, and whether or not still in force)— providing for a country or territory to become independent from the United Kingdom, or dealing with nationality, or any other ancillary matters, in connection with a country or territory becoming independent from the United Kingdom; “P's nationality loss” means P's— ceasing to be a British subject or citizen of the United Kingdom and Colonies (as mentioned in subsection (2)(a)), or not becoming a citizen of the United Kingdom and Colonies (as mentioned in subsection (2)(b)).
In sections 4E to 4I and this section, a person's “natural father” is a person who satisfies the requirements as to proof of paternity that are prescribed in regulations under section 50(9B).
The power under section 50(9B) to make different provision for different circumstances includes power to make provision for the purposes of any provision of sections 4E to 4I which is different from other provision made under section 50(9B).
The following provisions apply for the purposes of sections 4E to 4I.
A reference to a person automatically becoming a British citizen, or a citizen of the United Kingdom and Colonies, is a reference to the person becoming such a citizen without the need for—
the person to be registered as such a citizen by the Secretary of State or any other minister of the Crown;
the birth of the person to be registered by a diplomatic or consular representative of the United Kingdom; or
the person to be naturalised as such a citizen.
If the mother of a person could not actually have been married to the person's natural father at the time of the person's birth (for whatever reason), that fact does not prevent an assumption being made that the couple were married at the time of the birth.
A person is entitled to be registered as a British citizen on an application made under this section if—
they are entitled to be registered as a British overseas territories citizen under section 17A, 17C, 17D, 17E, 17F or 17H, or
they would be entitled to be registered as a British overseas territories citizen under any of those sections but for the fact that they have already become a British overseas territories citizen under a different provision.
Subsection (1) does not apply in the case of a person—
who is or would be entitled to be registered as a British overseas territories citizen by virtue only of a connection with the Sovereign Base Areas of Akrotiri and Dhekelia, or
who has previously been a British citizen.
The Secretary of State may not register a person as a British citizen on an application under subsection (1)(a) unless the person is also registered as a British overseas territories citizen.
If an application is made for a person of full age and capacity (“P”) to be registered as a British citizen, the Secretary of State may cause P to be registered as such a citizen if, in the Secretary of State’s opinion, P would have been, or would have been able to become, a British citizen but for—
historical legislative unfairness,
an act or omission of a public authority, or
exceptional circumstances relating to P.
For the purposes of subsection (1)(a), “historical legislative unfairness” includes circumstances where P would have become, or would not have ceased to be, a British subject, a citizen of the United Kingdom and Colonies or a British citizen, if an Act of Parliament or subordinate legislation (within the meaning of the Interpretation Act 1978) had, for the purposes of determining a person’s nationality status—
treated males and females equally,
treated children of unmarried couples in the same way as children of married couples, or
treated children of couples where the mother was married to someone other than the natural father in the same way as children of couples where the mother was married to the natural father.
In subsection (1)(b), “public authority” means any public authority within the meaning of section 6 of the Human Rights Act 1998, other than a court or tribunal.
In considering whether to grant an application under this section, the Secretary of State may take into account whether the applicant is of good character.
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A person shall be entitled, on an application for his registration as a British citizen made (subject to subsections (6) and (7)) within five years after commencement, to be registered as such a citizen if either of the following requirements is satisfied in his case, namely—
that, if paragraphs 2 and 3 (but not paragraph 4 or 5) of Schedule 1 to the Immigration Act 1971 had remained in force, he would (had he applied for it) have been, on the date of the application under this subsection, entitled under the said paragraph 2 to be registered in the United Kingdom as a citizen of the United Kingdom and Colonies; or
that, if section 5A of the 1948 Act (and section 2 of the Immigration Act 1971 as in force immediately before commencement) had remained in force, he would (had he applied for it) have been, both at commencement and on the date of the application under this subsection, entitled under section 'SA(1) of the 1948 Act to be registered as a citizen of the United Kingdom and Colonies.
A person shall be entitled, on an application for his registration as a British citizen made (subject to subsection (8)) within six years after commencement, to be registered as such a citizen if he—
was ordinarily resident in the United Kingdom through out a period ending at commencement but not amounting to five years; and
throughout the period from commencement to the date of the application—
remained ordinarily resident in the United Kingdom; and
had the right of abode in the United Kingdom under the Immigration Act 1971; and
had on the date of the application been ordinarily resident in the United Kingdom for the last five years or more.
Subject to subsection (5), if, in the case of an application for the registration of a person under subsection (2) as a British citizen, that person has been engaged in relevant service throughout any period (of whatever length), that period shall for the purposes of subsection (2) be treated as a period throughout which he was ordinarily resident in the United Kingdom.
For the purposes of subsection (3) “relevant service ” means—
Crown service under the government of the United Kingdom; or
service under any international organisation of which the United Kingdom or Her Majesty's government therein is a member; or
service in the employment of any company or association established in the United Kingdom.
A person shall not be registered under subsection (2) wholly or partly by reason of service within subsection (4)(b) or (c) unless it seems to the Secretary of State fitting that he should be so registered by reason of his close connection with the United Kingdom.
If in the special circumstances of any particular case the Secretary of State thinks fit, he may treat subsection (1) as if— but shall not do so in the case of an application based on paragraph (b) of subsection (1) unless the person to whom the application relates would have been entitled to be registered under that subsection on an application so based made immediately before the end of the five years after commencement.
the reference to five years after commencement were a reference to eight years after commencement; or
where subsection (7) applies, as if the reference to five years from the date on which the person to whom the application relates attains full age were a reference to eight years from that date,
In the case of any person who is a minor at commencement, the reference to five years after commencement in subsection (1) above shall be treated as a reference to five years from the date on which he attains full age.
If in the special circumstances of any particular case the Secretary of State thinks fit, he may treat subsection (2) as if the reference to six years after commencement were a reference to eight years after commencement.
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A woman who immediately before commencement was the wife of a citizen of the United Kingdom and Colonies shall be entitled, on an application for her registration as a British citizen made within five years after commencement, to be registered as a British citizen if—
immediately before commencement she would (if she had applied for it) have been entitled under section 6(2) of the 1948 Act to be registered as a citizen of the United Kingdom and Colonies by virtue of her marriage to the man who was then her husband; and
that man became a British citizen at commencement and did not at any time in the period from commencement to the date of the application under this subsection cease to be such a citizen as a result of a declaration of renunciation; and
she remained married to him throughout that period.
On an application for her registration as a British citizen made within five years after commencement, the Secretary of State may, if he thinks fit, cause a woman to be registered as such a citizen if—
immediately before commencement she would (if she had applied for it) have been entitled under section 6(2) of the 1948 Act to be registered as a citizen of the United Kingdom and Colonies by virtue of having been married to a man to whom she is no longer married on the date of the application under this subsection; and
that man became a British citizen at commencement or would have done so but for his death.
On an application for her registration as a British citizen made within five years after commencement by a woman who at the time of the application is married, the Secretary of State may, if he thinks fit, cause her to be registered as such a citizen if—
immediately before commencement she would (if she had applied for it) have been entitled under section 6(2) of the 1948 Act to be registered as a citizen of the United Kingdom and Colonies by virtue of her being or having been married to the man who is her husband on the date of the application under this subsection; and
that man either—
became a British citizen at commencement but has ceased to be such a citizen as a result of a declaration of renunciation ; or
would have become a British citizen at commencement but for his having ceased to be a citizen of the United Kingdom and Colonies as a result of a declaration of renunciation.
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A person born in a foreign country within five years after commencement shall be entitled, on an application for his registration as a British citizen made within the period of twelve months from the date of the birth, to be registered as such a citizen if—
the requirements specified in subsection (2) are fulfilled in the case of that person's father ; and
had that person been born before commencement and become a citizen of the United Kingdom and Colonies by virtue of section 5 of the 1948 Act (citizenship by descent) as a result of the registration of his birth at a United Kingdom consulate under paragraph (b) of the proviso to section 5(1) of that Act, he would immediately before commencement have had the right of abode in the United Kingdom by virtue of section 2(1)(b) of the Immigration Act 1971 as then in force (connection with United Kingdom through parent or grandparent).
The requirements referred to in subsection (1)(a) are that the father of the person to whom the application relates—
immediately before commencement or at his death (whichever was earlier)—
was a citizen of the United Kingdom and Colonies by virtue of section 5 of the 1948 Act (citizenship by descent) or was a person who, under any provision of the British Nationality Acts 1948 to 1965 was deemed for the purposes of the proviso to section 5(1) of the 1948 Act to be a citizen of the United Kingdom and Colonies by descent only ; and
was married to that person's mother ; and
was ordinarily resident in a foreign country (no matter which) within the meaning of the 1948 Act; and
either—
became a British citizen at commencement and remained such a citizen throughout the period from commencement to the date of the application or, if he died during that period, throughout the period from commencement to his death ; or
would have become a British citizen at commencement but for his death.
Subject to subsection (3), a person shall be entitled, on an application for his registration as a British citizen, to be registered as such a citizen if immediately before commencement he would (had he applied for it) have been entitled under section 1(1) of the British Nationality Act 1964 (resumption of citizenship) to be registered as a citizen of the United Kingdom and Colonies by virtue of having an appropriate qualifying connection with the United Kingdom or ... by virtue of having been married before commencement to a person who has, or would if living have, such a connection.
On an application for his registration as a British citizen made by a person of full capacity who had before commencement ceased to be a citizen of the United Kingdom and Colonies as a result of a declaration of renunciation, the Secretary of State may, if he thinks fit, cause that person to be registered as a British citizen if that person—
has an appropriate qualifying connection with the United Kingdom; or
... has been married to , or has been the civil partner of, a person who has, or would if living have, such a connection.
A person shall not be entitled to registration under subsection (1) on more than one occasion.
For the purposes of this section a person shall be taken to have an appropriate qualifying connection with the United Kingdom if he, his father or his father’s father—
was born in the United Kingdom; or
is or was a person naturalised in the United Kingdom; or
was registered as a citizen of the United Kingdom and Colonies in the United Kingdom or in a country which at the time was mentioned in section 1(3) of the 1948 Act.
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Subject to subsection (2), a person who immediately before commencement— shall at commencement become a British citizen.
was a citizen of the United Kingdom and Colonies; and
had the right of abode in the United Kingdom under the Immigration Act 1971 as then in force,
A person who was registered as a citizen of the United Kingdom and Colonies under section 1 of the British Nationality (No. 2) Act 1964 (stateless persons) on the ground mentioned in subsection (1)(a) of that section (namely that his mother was a citizen of the United Kingdom and Colonies at the time when he was born) shall not become a British citizen under subsection (1) unless—
his mother becomes a British citizen under subsection (1) or would have done so but for her death; or
immediately before commencement he had the right of abode in the United Kingdom by virtue of section 2(1)(c) of the Immigration Act 1971 as then in force (settlement in United Kingdom, combined with five or more years’ ordinary residence there as a citizen of the United Kingdom and Colonies).
A person who— shall at commencement become a British citizen if the relevant person was born or naturalised in the United Kingdom.
immediately before commencement was a citizen of the United Kingdom and Colonies by virtue of having been registered under subsection (6) of section 12 of the 1948 Act (British subjects before commencement of 1948 Act becoming citizens of United Kingdom and Colonies) under arrangements made by virtue of subsection (7) of that section (registration in independent Commonwealth country by United Kingdom High Commissioner); and
was so registered on an application under the said subsection (6) based on the applicant’s descent in the male line from a person (“the relevant person”) possessing one of the qualifications specified in subsection (1)(a) and (b) of that section (birth or naturalisation in the United Kingdom and Colonies),
If any British citizen of full age and capacity makes in the prescribed manner a declaration of renunciation of British citizenship, then, subject to subsections (3) and (4), the Secretary of State shall cause the declaration to be registered.
On the registration of a declaration made in pursuance of this section the person who made it shall cease to be a British citizen.
A declaration made by a person in pursuance of this section shall not be registered unless the Secretary of State is satisfied that the person who made it will after the registration have or acquire some citizenship or nationality other than British citizenship; and if that person does not have any such citizenship or nationality on the date of registration and does not acquire some such citizenship or nationality within six months from that date, he shall be, and be deemed to have remained, a British citizen notwithstanding the registration.
The Secretary of State may withhold registration of any declaration made in pursuance of this section if it is made during any war in which Her Majesty may be engaged in right of Her Majesty’s government in the United Kingdom.
For the purposes of this section any person who has been married , or has formed a civil partnership, shall be deemed to be of full age.
Subject to subsection (2), a person who has ceased to be a British citizen as a result of a declaration of renunciation shall be entitled, on an application for his registration as a British citizen, to be registered as such a citizen if—
he is of full capacity; and
his renunciation of British citizenship was necessary to enable him to retain or acquire some other citizenship or nationality.
A person shall not be entitled to registration under subsection (1) on more than one occasion.
If a person of full capacity who has ceased to be a British citizen as a result of a declaration of renunciation (for whatever reason made) makes an application for his registration as such a citizen, the Secretary of State may, if he thinks fit, cause him to be registered as such a citizen.
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For the purposes of this Act a British citizen is a British citizen “by descent” if and only if—
he is a person born outside the United Kingdom after commencement who is a British citizen by virtue of section 2(1)(a) only or by virtue of registration under section 3(2) or 9; or
subject to subsection (2), he is a person born outside the United Kingdom before commencement who became a British citizen at commencement and immediately before commencement—
was a citizen of the United Kingdom and Colonies by virtue of section 5 of the 1948 Act (citizenship by descent); or
was a person who, under any provision of the British Nationality Acts 1948 to 1965, was deemed for the purposes of the proviso to section 5(1) of the 1948 Act to be a citizen of the United Kingdom and Colonies by descent only, or would have been so deemed if male; or
had the right of abode in the United Kingdom by virtue only of paragraph (b) of subsection (1) of section 2 of the Immigration Act 1971 as then in force (connection with United Kingdom through parent or grandparent), or by virtue only of that paragraph and paragraph (c) of that subsection (settlement in United Kingdom with five years’ ordinary residence there), or by virtue only of being or having been the wife of a person who immediately before commencement had that right by virtue only of the said paragraph (b) or the said paragraphs (b) and (c); or
being a woman, was a citizen of the United Kingdom and Colonies as a result of her registration as such a citizen under section 6(2) of the 1948 Act by virtue of having been married to a man who at commencement became a British citizen by descent or would have done so but for his having died or ceased to be a citizen of the United Kingdom and Colonies as a result of a declaration of renunciation; or
he is a British citizen by virtue of registration under section 3(1) and either—
his father or mother was a British citizen at the time of the birth; or
his father or mother was a citizen of the United Kingdom and Colonies at that time and became a British citizen at commencement, or would have done so but for his or her death; or
he is a British citizen by virtue of registration under section 4B , 4C or 5; or
subject to subsection (2), being a woman born outside the United Kingdom before commencement, she is a British citizen as a result of her registration as such a citizen under section 8 by virtue of being or having been married to a man who at commencement became a British citizen by descent or would have done so but for his having died or ceased to be a citizen of the United Kingdom and Colonies as a result of a declaration of renunciation; or
the person is a British citizen by descent by virtue of section 4F(3), 4G(2), 4H(2) or 4I(4); or
he is a British citizen by virtue of registration under section 10 who, having before commencement ceased to be a citizen of the United Kingdom and Colonies as a result of a declaration of renunciation, would, if he had not so ceased, have at commencement become a British citizen by descent by virtue of paragraph (b); or
the person is a British citizen by virtue of registration under section 4K and is—
a British overseas territories citizen by virtue of registration under section 17A, or
a British overseas territories citizen by descent by virtue of section 17C(3), 17D(2), 17E(2) or 17F(5); or
he is a British citizen by virtue of registration under section 13 who, immediately before he ceased to be a British citizen as a result of a declaration of renunciation, was such a citizen by descent; or
he is a person born in a British overseas territory after commencement who is a British citizen by virtue of paragraph 2 of Schedule 2.
A person born outside the United Kingdom before commencement is not a British citizen “by descent” by virtue of subsection (1)(b) or (e) if his father was at the time of his birth serving outside the United Kingdom—
in service of a description mentioned in subsection (3), his recruitment for the service in question having taken place in the United Kingdom; or
in service under a EU institution, his recruitment for that service having taken place in a country which at the time of the recruitment was a member of the Communities.
The descriptions of service referred to in subsection (2) are—
Crown service under the government of the United Kingdom; and
service of any description at any time designated under section 2(3).
A person born in a British overseas territory after commencement shall be a British overseas territories citizen if at the time of the birth his father or mother is—
a British overseas territories citizen; or
settled in a British overseas territory.
A new-born infant who, after commencement, is found abandoned in a British overseas territory shall, unless the contrary is shown, be deemed for the purposes of subsection (1)—
to have been born in that territory after commencement; and
to have been born to a parent who at the time of the birth was a British overseas territories citizen or settled in a British overseas territory.
A person born in a British overseas territory after commencement who is not a British overseas territories citizen by virtue of subsection (1) or (2) shall be entitled to be registered as such a citizen if, while he is a minor—
his father or mother becomes such a citizen or becomes settled in a British overseas territory; and
an application is made for his registration as such a citizen.
A person born in a British overseas territory after commencement who is not a British overseas territories citizen by virtue of subsection (1) or (2) shall be entitled, on an application for his registration as a British overseas territories citizen made at any time after he has attained the age of ten years, to be registered as such a citizen if, as regards each of the first ten years of that person’s life, the number of days on which he was absent from that territory in that year does not exceed 90.
Where after commencement an order authorising the adoption of a minor who is not a British overseas territories citizen is made by a court in any British overseas territory , he shall be a British overseas territories citizen as from the date on which the order is made if the adopter or, in the case of a joint adoption, one of the adopters, is a British overseas territories citizen on that date.
Where an order or a Convention adoption in consequence of which any person became a British overseas territories citizen by virtue of subsection (5) ceases to have effect, whether on annulment or otherwise, the cesser shall not affect the status of that person as such a citizen.
Where— the minor shall be a British overseas territories citizen as from that date.
a minor who is not a British overseas territories citizen is adopted under a Convention adoption,
on the date on which the adoption is effected—
the adopter or, in the case of a joint adoption, one of the adopters is a British overseas territories citizen, and
the adopter or, in the case of a joint adoption, both of the adopters are habitually resident in a designated territory, and
the Convention adoption is effected under the law of a country or territory outside the designated territory,
If in the special circumstances of any particular case the Secretary of State thinks fit, he may for the purposes of subsection (4) treat the person to whom the application relates as fulfilling the requirements specified in that subsection although, as regards any one or more of the first ten years of that person’s life, the number of days on which he was absent from the British overseas territory there mentioned in that year or each of the years in question exceeds 90.
A person born outside the British overseas territories after commencement shall be a British overseas territories citizen if at the time of the birth his father or mother—
is such a citizen otherwise than by descent; or
is such a citizen and is serving outside the British overseas territories in service to which this paragraph applies, his or her recruitment for that service having taken place in a British overseas territory .
Paragraph (b) of subsection (1) applies to—
Crown service under the government of a British overseas territory ; and
service of any description for the time being designated under subsection (3).
For the purposes of this section the Secretary of State may by order made by statutory instrument designate any description of service which he considers to be closely associated with the activities outside the British overseas territories of the government of any British overseas territory .
Any order made under subsection (3) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
If while a person is a minor an application is made for his registration as a British overseas territories citizen the Secretary of State may, if the thinks fit, cause him to be registered as such a citizen.
A person born outside the British overseas territories shall be entitled, on an application for his registration as a British overseas territories citizen made while the person is a minor, to be registered as such a citizen if the requirements specified in subsection (3) or, in the case of a person born stateless, the requirements specified in paragraphs (a) and (b) of that subsection, are fulfilled in the case of either that person’s father or his mother (“the parent in question”).
The requirements referred to in subsection (2) are—
that the parent in question was a British overseas territories citizen by descent at the time of the birth; and
that the father or mother of the parent in question—
was a British overseas territories citizen otherwise than by descent at the time of the birth of the parent in question; or
became a British overseas territories citizen otherwise than by descent at commencement, or would have become such a citizen otherwise than by descent at commencement but for his or her death; and
that, as regards some period of three years ending with a date not later than the date of the birth—
the parent in question was in a British overseas territory at the beginning of that period; and
the number of days on which the parent in question was absent from that territory in that period does not exceed 270.
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A person born outside the British overseas territories shall be entitled, and on application for his registration as a British overseas territories citizen made while he is a minor, to be registered as such a citizen if the following requirements are satisfied, namely—
that at the time of that person’s birth his father or mother was a British overseas territories citizen by descent; and
subject to subsection (6), that that person and his father and mother were in one and the same British overseas territory(no matter which) at the beginning of the period of three years ending with the date of the application and that, in the case of each of them, the number of days on which the person in question was absent from the last-mentioned territory in that period does not exceed 270; and
subject to subsection (6), that the consent of his father and mother to the registration has been signified in the prescribed manner.
In the case of an application under subsection (5) for the registration of a person as a British overseas territories citizen—
if his father or mother died, or their marriage or civil partnership was terminated, on or before the date of the application, or his father and mother were legally separated on that date, the references to his father and mother in paragraph (b) of that subsection shall be read either as references to his father or as references to his mother; and
if his father or mother died on or before that date, the reference to his father and mother in paragraph (c) of that subsection shall be read as a reference to either of them; ...
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If, on an application for naturalisation as a British overseas territories citizen made by a person of full age and capacity, the Secretary of State is satisfied that the applicant fulfils the requirements of Schedule 1 for naturalisation as such a citizen under this subsection, he may, if he thinks fit, grant to him a certificate of naturalisation as such a citizen.
If, on an application for naturalisation as a British overseas territories citizen made by a person of full age and capacity who on the date of the application is married to such a citizen, or is the civil partner of such a citizen the Secretary of State is satisfied that the applicant fulfils the requirements of Schedule 1 for naturalisation as such a citizen under this subsection, he may, if he thinks fit, grant to him a certificate of naturalisation as such a citizen.
Every application under this section shall specify the British overseas territory which is to be treated as the relevant territory for the purposes of that application; and, in relation to any such application, references in Schedule 1 to the relevant territory shall be construed accordingly.
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On an application for registration under this section, a person (“P”) is entitled to be registered as a British overseas territories citizen if the following three conditions are met.
The first condition is that—
P would have become a citizen of the United Kingdom and Colonies under any of the following provisions of the British Nationality Act 1948— had P’s parents been treated equally, by that Act or by any relevant previous provision, for the purposes of determining P’s nationality status; or
section 5 (person born on or after 1 January 1949: citizenship by descent);
section 12(2) (person born before 1 January 1949: citizenship by descent);
section 12(3) (person born before 1 January 1949 in British protectorate etc);
section 12(4) (person born before January 1949 not becoming citizen of other country);
section 12(5) (woman married before 1 January 1949 to a man who became or would have become a citizen of the United Kingdom and Colonies);
paragraph 3 of Schedule 3 (person born on or after 1 January 1949 to a British subject without citizenship);
P would have been a citizen of the United Kingdom and Colonies immediately before commencement had P’s parents been treated equally, for the purposes of determining P’s nationality status, by any independence legislation that caused P to lose that citizenship.
In subsection (2)—
In determining for the purposes of subsection (2) whether a person would have become a citizen of the United Kingdom and Colonies under section 5 of the British Nationality Act 1948, the requirement that a person’s birth was registered at a United Kingdom consulate, as set out in subsection (1)(b) of that section, is to be ignored.
The second condition is that, if P had become or been a citizen of the United Kingdom and Colonies as mentioned in subsection (2), P would at commencement have become a British Dependent Territories citizen under section 23(1)(b) or (c).
The third condition is that, if P had become a British Dependent Territories citizen as mentioned in subsection (5), P would have become a British overseas territories citizen on the commencement of section 2 of the British Overseas Territories Act 2002.
For the purposes of sections 17C to 17F, a person (“P”) meets the general conditions if—
at the time of P’s birth, P’s mother—
was not married, or
was married to a person other than P’s natural father;
no person is treated as the father of P under—
section 28 of the Human Fertilisation and Embryology Act 1990, or
section 35 or 36 of the Human Fertilisation and Embryology Act 2008;
no person is treated as a parent of P under section 42 or 43 of the Human Fertilisation and Embryology Act 2008; and
P has never been a British overseas territories citizen or a British Dependent Territories citizen.
A person (“P”) is entitled to be registered as a British overseas territories citizen on an application made under this section if—
P meets the general conditions; and
P would be entitled to be registered as a British overseas territories citizen under— had P’s mother been married to P’s natural father at the time of P’s birth.
section 15(3),
section 17(2),
section 17(5),
paragraph 4 of Schedule 2, or
paragraph 5 of Schedule 2,
In the following provisions of this section, “relevant registration provision” means the provision under which P would be entitled to be registered as a British overseas territories citizen (as mentioned in subsection (1)(b)).
If the relevant registration provision is section 17(2), a person who is registered as a British overseas territories citizen under this section is a British overseas territories citizen by descent.
If the relevant registration provision is section 17(5), the Secretary of State may, in the special circumstances of the particular case, waive the need for any or all of the parental consents to be given.
For that purpose, the “parental consents” are— insofar as they would be required by section 17(5)(c) (as read with section 17(6)(b)), had P’s mother been married to P’s natural father at the time of P’s birth.
the consent of P’s natural father, and
the consent of P’s mother,
A person (“P”) is entitled to be registered as a British overseas territories citizen on an application made under this section if—
P meets the general conditions;
at any time in the period after commencement, P would have automatically become a British Dependent Territories citizen or a British overseas territories citizen at birth by the operation of— had P’s mother been married to P’s natural father at the time of P’s birth; and
section 15(1),
section 16, or
paragraph 1 of Schedule 2,
in a case where P would have become a British Dependent Territories citizen as mentioned in paragraph (b), P would then have automatically become a British overseas territories citizen by the operation of section 2 of the British Overseas Territories Act 2002.
A person who is registered as a British overseas territories citizen under this section is a British overseas territories citizen by descent if the citizenship which the person would have acquired at birth (as mentioned in subsection (1)(b)) would (by virtue of section 25) have been citizenship by descent.
If P is under the age of 18, no application may be made unless the consent of P’s natural father and mother to the registration has been signified in the prescribed manner.
But if P’s natural father or mother has died on or before the date of the application, the reference in subsection (3) to P’s natural father and mother is to be read as a reference to either of them.
The Secretary of State may, in the special circumstances of a particular case, waive the need for any or all of the consents required by subsection (3) (as read with subsection (4)) to be given.
The reference in this section to the period after commencement does not include the time of commencement (and, accordingly, this section does not apply to any case in which a person was unable to become a British Dependent Territories citizen at commencement).
A person (“P”) is entitled to be registered as a British overseas territories citizen on an application made under this section if—
P meets the general conditions;
P—
was a citizen of the United Kingdom and Colonies immediately before commencement, or
would have become such a citizen as mentioned in section 17A(2)(a), or
would have been such a citizen immediately before commencement as mentioned in section 17A(2)(b);
P would then have automatically become a British Dependent Territories citizen at commencement by the operation of section 23, had P’s mother been married to P’s natural father at the time of P’s birth; and
P would then have automatically become a British overseas territories citizen by the operation of section 2 of the British Overseas Territories Act 2002.
A person who is registered as a British overseas territories citizen under this section is a British overseas territories citizen by descent if the citizenship which the person would have acquired at commencement (as mentioned in subsection (1)(c)) would (by virtue of section 25) have been citizenship by descent.
A person (“P”) is entitled to be registered as a British overseas territories citizen on an application made under this section if—
P meets the general conditions;
P is either—
an eligible former British national, or
an eligible non-British national; and
had P’s mother been married to P’s natural father at the time of P’s birth, P—
would have been a citizen of the United Kingdom and Colonies immediately before commencement,
would have automatically become a British Dependent Territories citizen at commencement by the operation of section 23, and
would have automatically become a British overseas territories citizen by the operation of section 2 of the British Overseas Territories Act 2002.
In determining for the purposes of subsection (1)(c)(i) whether a person would have been a citizen of the United Kingdom and Colonies, the requirement that a person’s birth was registered at a United Kingdom consulate, as set out in section 5(1)(b) of the British Nationality Act 1948, is to be ignored.
P is an “eligible former British national” if P was not a citizen of the United Kingdom and Colonies immediately before commencement and either—
P ceased to be a British subject or a citizen of the United Kingdom and Colonies by virtue of the commencement of any independence legislation, but would not have done so had P’s mother been married to P’s natural father at the time of P’s birth, or
P was a British subject who did not automatically become a citizen of the United Kingdom and Colonies at commencement of the British Nationality Act 1948 by the operation of any provision of it, but would have done so had P’s mother been married to P’s natural father at the time of P’s birth.
P is an “eligible non-British national” if—
P was never a British subject or citizen of the United Kingdom and Colonies; and
had P’s mother been married to P’s natural father at the time of P’s birth, P would have automatically become a British subject or citizen of the United Kingdom and Colonies—
at birth, or
by virtue of paragraph 3 of Schedule 3 to the British Nationality Act 1948 (child of male British subject to become citizen of the United Kingdom and Colonies if father becomes such a citizen).
A person who is registered as a British overseas territories citizen under this section is a British overseas territories citizen by descent if the citizenship which the person would have acquired at commencement (as mentioned in subsection (1)(c)(ii)) would (by virtue of section 25) have been citizenship by descent.
In determining for the purposes of subsection (1)(c)(i) whether P would have been a citizen of the United Kingdom and Colonies immediately before commencement, it must be assumed that P would not have—
renounced or been deprived of any notional British nationality, or
lost any notional British nationality by virtue of P acquiring the nationality of a country or territory outside the United Kingdom.
A “notional British nationality” is—
in a case where P is an eligible former British national, any status as a British subject or a citizen of the United Kingdom and Colonies which P would have held at any time after P’s nationality loss (had that loss not occurred and had P’s mother been married to P’s natural father at the time of P’s birth);
in a case where P is an eligible non-British national—
P’s status as a British subject or citizen of the United Kingdom and Colonies as mentioned in subsection (4)(b), and
any other status as a British subject or citizen of the United Kingdom and Colonies which P would have held at any time afterwards (had P’s mother been married to P’s natural father at the time of P’s birth).
In this section—
“British subject” has any meaning which it had for the purposes of the British Nationality and Status of Aliens Act 1914;
In sections 17B to 17F and this section, a person’s “natural father” is a person who satisfies the requirements as to proof of paternity that are prescribed in regulations under section 50(9B).
The power under section 50(9B) to make different provision for different circumstances includes power to make provision for the purposes of any provision of sections 17B to 17F which is different from other provision made under section 50(9B).
The following provisions apply for the purposes of sections 17B to 17F.
A reference to a person automatically becoming a citizen of a certain type is a reference to the person becoming a citizen of that type without the need for—
the person to be registered as such a citizen by the Secretary of State or any other minister of the Crown;
the birth of the person to be registered by a diplomatic or consular representative of the United Kingdom; or
the person to be naturalised as such a citizen.
If the mother of a person could not actually have been married to the person’s natural father at the time of the person’s birth (for whatever reason), that fact does not prevent an assumption being made that the couple were married at the time of the birth.
A person is entitled to be registered as a British overseas territories citizen on an application made under this section if—
they are a direct descendant of a person (“P”) who was a citizen of the United Kingdom and Colonies by virtue of P’s birth in the British Indian Ocean Territory or, prior to 8 November 1965, in those islands designated as the British Indian Ocean Territory on that date, and
they have never been a British overseas territories citizen or a British Dependent Territories citizen.
An application under this section must be made—
in the case of a person aged 18 years or over on the commencement date, before the end of the period of five years beginning with the commencement date;
in the case of a person aged under 18 on the commencement date, or a person who is born before the end of the period of five years beginning with the commencement date, before they reach the age of 23 years.
In subsection (2), “the commencement date” means the date on which this section comes into force.
If an application is made for a person of full age and capacity (“P”) to be registered as a British overseas territories citizen, the Secretary of State may cause P to be registered as such a citizen if, in the Secretary of State’s opinion, P would have been, or would have been able to become, a British overseas territories citizen but for—
historical legislative unfairness,
an act or omission of a public authority, or
exceptional circumstances relating to P.
For the purposes of subsection (1)(a), “historical legislative unfairness” includes circumstances where P would have become, or would not have ceased to be, a British subject, a citizen of the United Kingdom and Colonies, a British Dependent Territories Citizen or a British overseas territories citizen, if an Act of Parliament or subordinate legislation (within the meaning of the Interpretation Act 1978) had, for the purposes of determining a person’s nationality status—
treated males and females equally,
treated children of unmarried couples in the same way as children of married couples, or
treated children of couples where the mother was married to someone other than the natural father in the same way as children of couples where the mother was married to the natural father.
In subsection (1)(b), “public authority” means any public authority within the meaning of section 6 of the Human Rights Act 1998, other than a court or tribunal.
In considering whether to grant an application under this section, the Secretary of State may take into account whether the applicant is of good character.
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A person shall be entitled, on an application for his registration as a British Dependent Territories citizen made within five years after commencement, to be registered as such a citizen if, had paragraphs 2 to 5 of Schedule 1 to the Immigration Act 1971 remained in force, he would (had he applied for it) have been, on the date of the application under this subsection, entitled under the said paragraph 2 to be registered in a dependent territory as a citizen of the United Kingdom and Colonies.
In the case of any person who is a minor at commencement, the reference to five years after commencement in subsection (1) shall be treated as a reference to five years from the date on which he attains full age.
If in the special circumstances of any particular case the Secretary of State thinks fit, he may treat subsection (1) as if—
the reference to five years after commencement were a reference to eight years after commencement; or
where subsection (2) applies, as if the reference to five years from the date on which the person to whom the application relates attains full age were a reference to eight years from that date.
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A woman who immediately before commencement was the wife of a citizen of the United Kingdom and Colonies shall be entitled, on an application for her registration as a British Dependent Territories citizen made within five years after commencement, to be registered as a British Dependent Territories citizen if—
immediately before commencement she would (if she had applied for it) have been entitled under section 6(2) of the 1948 Act to be registered as a citizen of the United Kingdom and Colonies by virtue of her marriage to the man who was then her husband; and
that man became a British Dependent Territories citizen at commencement and did not at any time in the period from commencement to the date of the application under this subsection cease to be such a citizen as a result of a declaration of renunciation; and
she remained married to him throughout that period.
On such an application for her registration as a British Dependent Territories citizen made within five years after commencement the Secretary of State may, if he thinks fit, cause a woman to be registered as such a citizen if—
immediately before commencement she would (if she had applied for it) have been entitled under section 6(2) of the 1948 Act to be registered as a citizen of the United Kingdom and Colonies by virtue of having been married to a man to whom she is no longer married on the date of the application under this subsection; and
that man became a British Dependent Territories citizen at commencement or would have done so but for his death.
On an application for her registration as a British Dependent Territories citizen made within five years after commencement by a woman who at the time of the application is married, the Secretary of State shall, if he thinks fit, cause her to be registered as such a citizen if—
immediately before commencement she would (if she had applied for it) have been entitled under section 6(2) of the 1948 Act to be registered as a citizen of the United Kingdom and Colonies by virtue of her being or having been married to the man who is her husband on the date of the application under this subsection ; and
that man either—
became a British Dependent Territories citizen at commencement but has ceased to be such a citizen as a result of a declaration of renunciation ; or
would have become a British Dependent Territories citizen at commencement but for his having ceased to be a citizen of the United Kingdom and Colonies as a result of a declaration of renunciation.
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the requirements referred to in subsection (1)(a) of section 9 are fulfilled in the case of that person's father, subsection (2)(b) of that section being for the purposes of this paragraph read as if any reference to becoming or remaining a British citizen were a reference to becoming or, as the case may be, remaining a British Dependent Territories citizen; and
had that person been born before commencement and become a citizen of the United Kingdom and Colonies as mentioned in subsection (1)(b) of that section, he would at commencement have become a British Dependent Territories citizen by virtue of section 23(1)(b).
Subject to subsection (3), a person shall be entitled, on an application for his registration as a British overseas territories citizen, to be registered as such a citizen if immediately before commencement he would (had he applied for it) have been entitled under section 1(1) of the British Nationality Act 1964 (resumption of citizenship) to be registered as a citizen of the United Kingdom and Colonies by virtue of having an appropriate qualifying connection with a British overseas territory or ... by virtue of having been married before commencement to a person who has, or would if living have, such a connection.
On an application for his registration as a British overseas territories citizen made by a person of full capacity who had before commencement ceased to be a citizen of the United Kingdom and Colonies as a result of a declaration of renunciation, the Secretary of State may, if he thinks fit, cause that person to be registered as a British overseas territories citizen if that person—
has an appropriate qualifying connection with a British overseas territory; or
... has been married to , or has been the civil partner of, a person who has, or would if living have, such a connection.
A person shall not be entitled to registration under subsection (1) on more than one occasion.
For the purposes of this section a person shall be taken to have an appropriate qualifying connection with a British overseas territory if he, his father or his father’s father—
was born in that territory; or
is or was a person naturalised in that territory; or
was registered as a citizen of the United Kingdom and Colonies in that territory; or
became a British subject by reason of the annexation of any territory included in that territory.
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A person shall at commencement become a British overseas territories citizen if—
immediately before commencement he was a citizen of the United Kingdom and Colonies who had that citizenship by his birth, naturalisation or registration in a British overseas territory ; or
he was immediately before commencement a citizen of the United Kingdom and Colonies, and was born to a parent—
who at the time of the birth (“the material time”) was a citizen of the United Kingdom and Colonies; and
who either had that citizenship at the material time by his birth, naturalisation or registration in a British overseas territory or was himself born to a parent who at the time of that birth so had that citizenship; or
being a woman, she was immediately before commencement a citizen of the United Kingdom and Colonies and either was then, or had at any time been, the wife of a man who under paragraph (a) or (b) becomes a British overseas territories citizen at commencement or would have done so but for his death.
A person shall at commencement become a British overseas territories citizen if—
immediately before commencement he was a citizen of the United Kingdom and Colonies by virtue of registration under section 7 of the 1948 Act (minor children) or section 1 of the British Nationality (No. 2) Act 1964 (stateless persons); and
he was so registered otherwise than in a British overseas territory ; and
his father or mother (in the case of a person registered under the said section 7) or his mother (in the case of a person registered under the said section 1)—
was a citizen of the United Kingdom and Colonies at the time of the registration or would have been such a citizen at that time but for his or her death; and
becomes a British overseas territories citizen at commencement or would have done so but for his or her death.
“initial one year period” means the period of one year beginning with the day when section 40(4A) comes into force;
immediately before commencement was a citizen of the United Kingdom and Colonies by virtue of having been registered under subsection (6) of section 12 of the 1948 Act (British subjects before commencement of 1948 Act becoming citizens of United Kingdom and Colonies) otherwise than in a British overseas territory ; and
a British citizen, a British Dependent Territories citizen or a British Overseas citizen ; or
was so registered on an application under that subsection based on the applicant’s descent in the male line from a person (“the relevant person”) possessing one of the qualifications specified in subsection (1) of that section (birth or naturalisation in the United Kingdom and Colonies, or acquisition of the status of British subject by reason of annexation of territory),
a person who under the British Nationality Act 1981 is a British subject; or
a British protected person (within the meaning of that Act).".
where the freedom of movement right is a right to reside in the Bailiwick of Guernsey, the period beginning with 1 August 1993 and ending with 30 September 2004;
was born or naturalised in a British overseas territory ; or
a person shall not be registered under any provision of the existing nationality Acts as a citizen of the United Kingdom and Colonies or a British subject; and
in the definition of “British protected person ”, for " the British Nationality Acts 1948 to 1965 “substitute ”the British Nationality Act 1981"; and
became a British subject by reason of the annexation of any territory included in a British overseas territory .
a certificate of naturalisation shall not be granted to a person under any provision of those Acts,
in the definition of “excepted ship or aircraft”, for “section 1(3) of the British Nationality Act 1948” substitute “Schedule 3 to the British Nationality Act 1981”.
subordinate legislation (as defined in section 21(1) of the Interpretation Act 1978); or
A person who— shall at commencement become a British overseas territories citizen .
immediately before commencement was a citizen of the United Kingdom and Colonies by virtue of registration under section 1 of the British Nationality Act 1964 (resumption of citizenship); and
was so registered otherwise than in a British overseas territory ; and
was so registered by virtue of having an appropriate qualifying connection with a British overseas territory or, if a woman, by virtue of having been married to a person who at the time of the registration had or would, if then living, have had such a connection,
For the purposes of subsection (4) a person shall be taken to have an appropriate qualifying connection with a British overseas territory if he, his father or his father’s father—
was born in a British overseas territory ; or
is or was a person naturalised in a British overseas territory ; or
was registered as a citizen of the United Kingdom and Colonies in a British overseas territory ; or
became a British subject by reason of the annexation of any territory included in a British overseas territory .
For the purposes of subsection (1)(b) references to citizenship of the United Kingdom and Colonies shall, in relation to a time before the year 1949, be construed as references to British nationality.
... The provisions of sections 12 and 13 shall apply in relation to British overseas territories citizens and British overseas territories citizenship as they apply in relation to British citizens and British citizenship.
For the purposes of this Act a British overseas territories citizen is such a citizen “by descent” if and only if—
he is a person born outside the British overseas territories after commencement who is a British overseas territories citizen by virtue of section 16(1)(a) only or by virtue of registration under section 17(2) or 21; or
subject to subsection (2), he is a person born outside the British overseas territories before commencement who became a British overseas territories citizen at commencement and immediately before commencement—
was a citizen of the United Kingdom and Colonies by virtue of section 5 of the 1948 Act (citizenship by descent); or
was a person who, under any provision of the British Nationality Acts 1948 to 1965, was deemed for the purposes of the proviso to section 5(1) of the 1948 Act to be a citizen of the United Kingdom and Colonies by descent only, or would have been so deemed if male; or
he is a British overseas territories citizen by virtue of registration under section 17(1) and either—
his father or mother was a British overseas territories citizen at the time of the birth; or
his father or mother was a citizen of the United Kingdom and Colonies at that time and became a British overseas territories citizen at commencement, or would have done so but for his or her death; or
subject to subsection (2), he is a person born outside the British overseas territories before commencement who became a British overseas territories citizen at commencement under section 23(1)(b) only; or
the person is a British overseas territories citizen by virtue of registration under section 17A; or
subject to subsection (2), being a woman, she became a British overseas territories citizen at commencement under section 23(1)(c) only, and did so only by virtue of having been, immediately before commencement or earlier, the wife of a man who immediately after commencement was, or would but for his death have been, a British overseas territories citizen by descent by virtue of paragraph (b) or (d) of this subsection; or
the person is a British overseas territories citizen by descent by virtue of section 17C(3), 17D(2), 17E(2) or 17F(5); or
subject to subsection (2), being a woman born outside the British overseas territories before commencement, she is a British overseas territories citizen as a result of her registration as such a citizen under section 20 by virtue of being or having been married to a man who at commencement became such a citizen by descent or would have done so but for his having died or ceased to be a citizen of the United Kingdom and Colonies as a result of a declaration of renunciation; or
he is a British overseas territories citizen by virtue of registration under section 22 who, having before commencement ceased to be a citizen of the United Kingdom and Colonies as a result of a declaration of renunciation, would, if he had not so ceased, have at commencement become a British overseas territories citizen by descent by virtue of paragraph (b), (d) or (e);
he is a British overseas territories citizen by virtue of registration under section 13 (as applied by section 24) who, immediately before he ceased to be a British overseas territories citizen as a result of a declaration of renunciation, was such a citizen by descent; or
he is a person born in the United Kingdom after commencement who is a British overseas territories citizen by virtue of paragraph 1 of Schedule 2.
A person born outside the British overseas territories before commencement is not a British overseas territories citizen“by descent” by virtue of subsection (1)(b), (d), (e) or (f) if his father was at the time of his birth serving outside the British overseas territories in service of a description mentioned in subsection (3), his recruitment for the service in question having taken place in a British overseas territory .
The descriptions of service referred to in subsection (2) are—
Crown service under the government of a British overseas territory ; and
service of any description at any time designated under section 16(3).
Any person who was a citizen of the United Kingdom and Colonies immediately before commencement and who does not at commencement become either a British citizen or a British overseas territories citizen shall at commencement become a British Overseas citizen.
... If while a person is a minor an application is made for his registration as a British Overseas citizen, the Secretary of State may, if he thinks fit, cause him to be registered as such a citizen.
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the requirements referred to in subsection (1)(a) of section 9 are fulfilled in the case of that person's father, subsection (2)(b) of that section being for the purposes of this paragraph read as if—
any reference to becoming a British citizen were a reference to becoming a citizen of any of the following descriptions, namely a British citizen, a British Dependent Territories citizen and a British Overseas citizen; and
the reference to remaining a British citizen throughout any period were a reference to being throughout that period a citizen of at least one of those descriptions (though not necessarily the same one) throughout that period ; and
had that person been born before commencement and become a citizen of the United Kingdom and Colonies as mentioned in subsection (1)(b) of that section, he would at commencement have become a British Overseas citizen by virtue of section 26.
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A woman who immediately before commencement was the wife of a citizen of the United Kingdom and Colonies shall be entitled, on an application for her registration as a British Overseas citizen made within five years after commencement, to be registered as a British Overseas citizen if—
immediately before commencement she would (if she had applied for it) have been entitled under section 6(2) of the 1948 Act to be registered as a citizen of the United Kingdom and Colonies by virtue of her marriage to the man who was then her husband; and
that man became a British Overseas citizen at commencement and did not at any time in the period from commencement to the date of the application under this subsection cease to be such a citizen as a result of a declaration of renunciation ; and
she remained married to him throughout that period.
On an application for her registration as a British Overseas citizen made within five years after commencement, the Secretary of State may, if he thinks fit, cause a woman to be registered as such a citizen if—
immediately before commencement she would (if she had applied for it) have been entitled under section 6(2) of the 1948 Act to be registered as a citizen of the United Kingdom and Colonies by virtue of having been married to a man to whom she is no longer married on the date of the application under this subsection; and
that man became a British Overseas citizen at commencement or would have done so but for his death.
On an application for her registration as a British Overseas citizen made within five years after commencement by a woman who at the time of the application is married, the Secretary of State may, if he thinks fit, cause her to be registered as such a citizen if—
immediately before commencement she would (if she had applied for it) have been entitled under section 6(2) of the 1948 Act to be registered as a citizen of the United Kingdom and Colonies by virtue of her being or having been married to the man who is her husband on the date of the application under this subsection ; and
that man either—
became a British Overseas citizen at commencement but has ceased to be such a citizen as a result of a declaration of renunciation ; or
would have become a British Overseas citizen at commencement but for his having ceased to be a citizen of the United Kingdom and Colonies as a result of a declaration of renunciation.
The provisions of section 12 shall apply in relation to British Overseas citizens and British Overseas citizenship as they apply in relation to British citizens and British citizenship.
A person who immediately before commencement was— shall as from commencement be a British subject by virtue of this section.
a British subject without citizenship by virtue of section 13 or 16 of the 1948 Act; or
a British subject by virtue of section 1 of the British Nationality Act 1965 (registration of alien women who have been married to British subjects of certain descriptions),
A person is within this subsection if immediately before 1st January 1949 he was both a citizen of Eire and a British subject.
A person within subsection (1) who immediately before commencement was a British subject by virtue of section 2 of the 1948 Act (continuance of certain citizens of Eire as British subjects) shall as from commencement be a British subject by virtue of this subsection.
If at any time after commencement a citizen of the Republic of Ireland who is within subsection (1) but is not a British subject by virtue of subsection (2) gives notice in writing to the Secretary of State claiming to remain a British subject on either or both of the following grounds, namely— he shall as from that time be a British subject by virtue of this subsection.
that he is or has been in Crown Service under the government of the United Kingdom; and
that he has associations by way of descent, residence or otherwise with the United Kingdom or with any British overseas territory ,
A person who is a British subject by virtue of subsection (2) or (3) shall be deemed to have remained a British subject from 1st January 1949 to the time when (whether already a British subject by virtue of the said section 2 or not) he became a British subject by virtue of that subsection.
... If while a person is a minor an application is made for his registration as a British subject, the Secretary of State may, if he thinks fit, cause him to be registered as a British subject.
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immediately before commencement she would (if she had applied for it) have been entitled under section 1 of the British Nationality Act 1965 to be registered as a British subject by virtue of her marriage to the man who was then her husband; and
on the date of the application under this section that man is a British subject; and
she remained married to him throughout the period from commencement to that date.
The provisions of section 12 shall apply in relation to British subjects and the status of a British subject as they apply in relation to British citizens and British citizenship.
A person who under this Act is a British subject otherwise than by virtue of section 31 shall cease to be such a subject if, in whatever circumstances and whether under this Act or otherwise, he acquires any other citizenship or nationality whatever.
The provisions of Schedule 2 shall have effect for the purpose of reducing statelessness.
Every person who— shall have the status of a Commonwealth citizen.
under the British Nationality Acts 1981 and 1983or the British Overseas Territories Act 2002 is a British citizen, a British overseas territories citizen , a British National (Overseas), a British Overseas citizen or a British subject; or
under any enactment for the time being in force in any country mentioned in Schedule 3 is a citizen of that country,
Her Majesty may by Order in Council amend Schedule 3 by the alteration of any entry, the removal of any entry, or the insertion of any additional entry.
Any Order in Council made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
After commencement no person shall have the status of a Commonwealth citizen or the status of a British subject otherwise than under this Act.
Her Majesty may by Order in Council made in relation to any territory which was at any time before commencement— declare to be British protected persons for the purposes of this Act any class of persons who are connected with that territory and are not citizens of any country mentioned in Schedule 3 which consists of or includes that territory.
a protectorate or protected state for the purposes of the 1948 Act; or
a United Kingdom trust territory within the meaning of that Act,
Any Order in Council made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The Immigration Act 1971 shall be amended in accordance with the following provisions of this section.
For section 2 (statement of right of abode) there shall be substituted—
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In section 8 (except for special cases), after subsection (5) there shall be inserted—
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Schedule 4 (which contains further amendments of the Immigration Act 1971) shall have effect.
In section 90 of the Mental Health Act 1959 and section 82 of the Mental Health (Scotland) Act 1960 (removal of non-patrial in-patients to places outside the United Kingdom), for the words from “any patient” to “1971 and” (which were susbtituted for “any person being an alien” by section 30(1) of the Immigration Act 1971) there shall be substituted “any patient who is neither a British citizen nor a Commonwealth citizen having the right of abode in the United Kingdom by virtue of section 2(1)(b) of the Immigration Act 1971, being a patient”.
A certificate of patriality issued under the Immigration Act 1971 and in force immediately before commencement shall have effect after commencement as if it were a certificate of entitlement issued under that Act as in force after commencement, unless at commencement the holder ceases to have the right of abode in the United Kingdom.
In this section a reference to a person’s “ citizenship status ” is a reference to his status as—
a British citizen,
a British overseas territories citizen,
a British Overseas citizen,
a British National (Overseas),
a British protected person, or
a British subject.
The Secretary of State may by order deprive a person of a citizenship status if the Secretary of State is satisfied that deprivation is conducive to the public good.
became a British citizen after commencement by virtue of—
his registration as a British citizen under any provision of this Act; or
a certificate of naturalisation granted to him under section 6 ; or
being immediately before commencement a citizen of the United Kingdom and Colonies by virtue of registration as such a citizen under any provision of the British Nationality Acts 1948 to 1964, became at commencement a British citizen ; or
at any time before commencement became a British subject (within the meaning of that expression at that time), or a citizen of Eire or of the Republic of Ireland, by virtue of a certificate of naturalisation granted to him or in which his name was included.
The Secretary of State may by order deprive a person of a citizenship status which results from his registration or naturalisation if the Secretary of State is satisfied that the registration or naturalisation was obtained by means of—
fraud,
false representation, or
concealment of a material fact.
The Secretary of State may not make an order under subsection (2) if he is satisfied that the order would make a person stateless.
Before making an order under this section in respect of a person the Secretary of State must give the person written notice specifying—
that the Secretary of State has decided to make an order,
the reasons for the order, and
the person’s right of appeal under section 40A(1) or under section 2B of the Special Immigration Appeals Commission Act 1997 (c. 68).
But that does not prevent the Secretary of State from making an order under subsection (2) to deprive a person of a citizenship status if—
the citizenship status results from the person's naturalisation,
the Secretary of State is satisfied that the deprivation is conducive to the public good because the person, while having that citizenship status, has conducted him or herself in a manner which is seriously prejudicial to the vital interests of the United Kingdom, any of the Islands, or any British overseas territory, and
the Secretary of State has reasonable grounds for believing that the person is able, under the law of a country or territory outside the United Kingdom, to become a national of such a country or territory.
Where a person acquired a citizenship status by the operation of a law which applied to him because of his registration or naturalisation under an enactment having effect before commencement, the Secretary of State may by order deprive the person of the citizenship status if the Secretary of State is satisfied that the registration or naturalisation was obtained by means of—
fraud,
false representation, or
concealment of a material fact.
If the person against whom the order is proposed to be made applies in the prescribed manner for an inquiry, the Secretary of State shall, and in any other case the Secretary of State may, refer the case to a committee of inquiry consisting of a chairman, being a person possessing judicial experience, appointed by the Secretary of State and of such other members appointed by the Secretary of State as he thinks proper.
Subsection (5) does not apply if—
the Secretary of State does not have the information needed to be able to give notice under that subsection,
the Secretary of State reasonably considers it necessary, in the interests of— that notice under that subsection should not be given.
national security,
the investigation or prosecution of organised or serious crime,
preventing or reducing a risk to the safety of any person, or
the relationship between the United Kingdom and another country,
The Secretary of State may make rules for the practice and procedure to be followed in connection with references under subsection (7) to a committee of inquiry; and such rules may, in particular, provide for conferring on any such committee any powers, rights or privileges of any court, and for enabling any powers so conferred to be exercised by one or more members of the committee.
In subsection (5A), references to giving notice under subsection (5) are to giving that notice in accordance with such regulations under section 41(1)(e) as for the time being apply.
The power of the Secretary of State to make rules under subsection (8) shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
Subsection (5D) applies where—
the Secretary of State has made an order under subsection (2) and, in reliance on subsection (5A), has not given the notice required by subsection (5), and
the person in respect of whom the order was made makes contact with the Secretary of State for the Home Department.
The preceding provisions of this section shall apply in relation to British Dependent Territories citizens and British Dependent Territories citizenship as they apply in relation to British citizens and British citizenship, but as if in subsection (2)(a)(ii) the reference to section 6 were a reference to section 18.
The Secretary of State must, as soon as is reasonably practicable, give the person written notice specifying—
that the Secretary of State has made the order,
the reasons for the order, and
the person’s right of appeal under section 40A(1) or under section 2B of the Special Immigration Appeals Commission Act 1997.
Schedule 4A makes provision for the Special Immigration Appeals Commission to consider a decision of the Secretary of State—
not to give notice to a person before depriving them of a citizenship status on the grounds mentioned in subsection (2) (deprivation conducive to the public good), or
not to give late notice to a person who has been deprived of a citizenship status on those grounds without having been given prior notice.
The Secretary of State may by regulations make provision generally for carrying into effect the purposes of this Act, and in particular provision—
for prescribing anything which under this Act is to be prescribed;
for prescribing the manner in which, and the persons to and by whom, applications for registration or naturalisation under any provision of this Act may or must be made;
for the registration of anything required or authorised by or under this Act to be registered;
requiring an application for registration or naturalisation of a person as a British citizen to be accompanied by biometric information, or enabling an authorised person to require an individual to whom such an application relates to provide biometric information;
for the time within which an obligation to make a citizenship oath and pledge at a citizenship ceremony must be satisfied;
for determining whether a person has sufficient knowledge of a language for the purpose of an application for naturalisation;
for the giving of any notice required or authorised to be given to any person under this Act;
for determining whether a person has sufficient knowledge about life in the United Kingdom for the purpose of an application for naturalisation;
for the cancellation of the registration of, and the cancellation and amendment of certificates of naturalisation relating to, persons deprived of citizenship or of the status of a British National (Overseas) under this Act, and for requiring such certificates to be delivered up for those purposes;
for the births and deaths of persons of any class or description born or dying in a country mentioned in Schedule 3 to be registered ...;
for the births and deaths of persons of any class or description born or dying in a foreign country to be registered ...;
for the time within which an obligation to make a citizenship oath or pledge must be satisfied;
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by persons serving in the diplomatic, consular or other foreign service of any country which, by arrangement with Her Majesty's government in the United Kingdom, has undertaken to represent that government's interest in that country, or
by a person authorised in that behalf by the Secretary of State.
for the content and conduct of a citizenship ceremony;
for the administration and making of a citizenship oath or pledge;
for the registration and certification of the making of a citizenship oath or pledge;
for the completion and grant of a certificate of registration or naturalisation;
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any application made to the Secretary of State under this Act;
the effecting in the United Kingdom of any registration authorised by or under this Act;
the making in the United Kingdom of any declaration, the grant there of any certificate, or the taking there of any oath of allegiance authorised to be made, granted or taken by or under this Act;
the supplying in the United Kingdom of a certified or other copy of any notice, certificate, order, declaration or entry given, granted or made under or by virtue of this Act or any of the former nationality Acts;
the carrying out of searches in or of any registers or other records, being registers or records held in the United Kingdom by or on behalf of the Secretary of State, which are or may be relevant for the purpose of determining the status of any person under this Act or any of the former nationality Acts ;
the supplying by or on behalf of the Secretary of State of an opinion in writing concerning the status of any person under this Act or any of the former nationality Acts, or a certified or other copy of such an opinion.
as to the consequences of failure to comply with provision made under any of paragraphs (a) to (i).
Regulations under subsection (1) . . . may make different provision for different circumstances; and—
regulations under subsection (1) may provide for the extension of any time-limit for the making of oaths and pledges of citizenship; and
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In subsection (1)(bza) “ authorised person ” and “ biometric information ” have the same meaning as in section 126 of the Nationality, Immigration and Asylum Act 2002.
Her Majesty may by Order in Council provide for any Act or Northern Ireland legislation to which this subsection applies to apply, with such adaptations and modifications as appear to Her necessary, to births and deaths registered— and an Order in Council under this subsection may exclude, in relation to births and deaths so registered, any of the provisions of section 45.
in accordance with regulations made in pursuance of subsection (1)(g) and (h) of this section or subsection (1)(f) and (g) of section 29 of the 1948 Act; or
at a consulate of Her Majesty in accordance with regulations made under the British Nationality and Status of Aliens Acts 1914 to 1943 or in accordance with instructions of the Secretary of State; or
by a High Commissioner for Her Majesty’s government in the United Kingdom or members of his official staff in accordance with instructions of the Secretary of State;
Section 126(4) to (7) of that Act applies to regulations under subsection (1)(bza) as it applies to regulations under section 126(1) of that Act.
Subsection (4) applies to—
the Births and Deaths Registration Act 1953, the Registration Service Act 1953 and the Registration of Births, Deaths and Marriages (Scotland) Act 1965; and
so much of any Northern Ireland legislation for the time being in force (whether passed or made before or after commencement) as relates to the registration of births and deaths.
Section 8 of the UK Borders Act 2007 (power to make regulations about use and retention of biometric information) applies to biometric information provided in accordance with regulations under subsection (1)(bza) as it applies to biometric information provided in accordance with regulations under section 5(1) of that Act.
The power to make regulations under subsection (1) or (2) shall be exercisable by statutory instrument.
But (despite section 8(5)(b) of that Act) regulations made by virtue of subsection (1ZC) may provide for photographs of a person who is registered or naturalised as a British citizen to be retained until the person is issued with a United Kingdom passport describing the person as a British citizen.
Any regulations or Order in Council made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Regulations under subsection (1)(ba) or (bb) may, in particular—
make provision by reference to possession of a specified qualification;
make provision by reference to possession of a qualification of a specified kind;
make provision by reference to attendance on a specified course;
make provision by reference to attendance on a course of a specified kind;
make provision by reference to a specified level of achievement;
enable a person designated by the Secretary of State to determine sufficiency of knowledge in specified circumstances;
enable the Secretary of State to accept a qualification of a specified kind as evidence of sufficient knowledge of a language.
Regulations under subsection (1)(d) to (de) may, in particular—
enable the Secretary of State to designate or authorise a person to exercise a function (which may include a discretion) in connection with a citizenship ceremony or a citizenship oath or pledge;
require, or enable the Secretary of State to require, a local authority to provide specified facilities and to make specified arrangements in connection with citizenship ceremonies;
impose, or enable the Secretary of State to impose, a function (which may include a discretion) on a local authority or on a registrar.
In subsection (3A)—
“ prescribed ” means prescribed by regulations made under section 41;
Any regulations (whether alone or with other provision)— may not be made unless a draft has been laid before and approved by a resolution of each House of Parliament.
under subsection (1)(a) for prescribing activities for the purposes of paragraph 4B(5)(a) of Schedule 1; or
under subsection (1)(bza), (bc), (bd) or (be),
A person— may appeal against the decision to the First-tier Tribunal.
who is given notice under section 40(5) of a decision to make an order in respect of the person under section 40, or
in respect of whom an order under section 40 is made without the person having been given notice under section 40(5) of the decision to make the order,
Subsection (1) shall not apply to a decision if the Secretary of State certifies that it was taken wholly or partly in reliance on information which in his opinion should not be made public—
in the interests of national security,
in the interests of the relationship between the United Kingdom and another country, or
otherwise in the public interest.
In the case of an order made as described in subsection (1)(b), for the purposes of any rule or other provision limiting the time within which an appeal under this section may be brought, time does not start to run unless and until the person is given notice of the fact that the order has been made (see section 40(5D) and Schedule 4A).
Where— the order continues to have effect during the appeal period.
an order under section 40 is made in respect of a person, and
the person appeals against the decision to make the order (under this section or under section 2B of the Special Immigration Appeals Commission Act 1997),
The appeal period is the period—
beginning with—
the day on which the person appeals against the decision, or
if the order is made after that day, the day on which the order is made, and
ending with the day on which the appeal is finally determined, withdrawn or abandoned.
For the purposes of subsection (2C) an appeal is not finally determined until the decision on the appeal, or on any further appeal, may not be overturned on a further appeal (ignoring the possibility of an appeal out of time with permission).
The following provisions of the Nationality, Immigration and Asylum Act 2002 (c. 41) shall apply in relation to an appeal under this section as they apply in relation to an appeal under section 82 ...of that Act—
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section 106 (rules), . . .
section 107 (practice directions), and
section 108 (forged document: proceedings in private).
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A person of full age shall not be registered under this Act as a British citizen unless he has made the relevant citizenship oath and pledge specified in Schedule 5 at a citizenship ceremony.
A person who—
a person shall not be registered under any provision of this Act as a citizen of any description or as a British subject; and
any fee payable by virtue of those Acts in connection with the registration or, as the case may be, the grant of the certificate has been paid ; and
a British citizen, a British Dependent Territories citizen or a British Overseas citizen ; or
in subsection (1), for “section 1(3) of the 1948 Act” substitute “Schedule 3 to the British Nationality Act 1981”;
a certificate of naturalisation shall not be granted to a person under any provision of this Act,
where applicable, the person in question has taken the oath of allegiance which, but for this section, he would have been required by those Acts to take in connection with the registration or, as the case may be, the grant to him of the certificate.
a person who under the British Nationality Act 1981 is a British subject; or
for subsection (2) substitute—; and
a British protected person (within the meaning of that Act).".
in subsection (3), for “section 23(2) of the 1948 Act)” substitute “section 47(2) of the British Nationality Act 1981)”.
In section 6(1) (power to remove Republic of Cyprus from section 1(3) of 1948 Act), for the words from “specified” onwards substitute “ mentioned in Schedule 3 to the British Nationality Act 1981, Her Majesty may by Order in Council remove the Republic of Cyprus from that Schedule. ”.
any fee payable by virtue of this Act in connection with the registration or, as the case may be, the grant of the certificate has been paid ; and
This section applies to a person born in the United Kingdom on or after 1stJuly 2021 who is not a British citizen on the relevant date by virtue of any other provision of this Act.
the person concerned has within the prescribed time taken an oath of allegiance in the form indicated in Schedule 5.
A person to whom this section applies (“C”) is a British citizen as from the relevant date if conditions 1 to 3 are satisfied in the case of either C’s father or mother (“P”).
Condition 1 is that, on or after 1st July 2021, P is granted—
UK related indefinite leave under paragraph EU2 of Appendix EU to the UK immigration rules;
Isle of Man related indefinite leave under paragraph EU2 of Appendix EU to the Isle of Man immigration rules,
A certificate of naturalisation as a British citizen shall not be granted under this Act to a person of full age unless he has made the relevant citizenship oath and pledge specified in Schedule 5 at a citizenship ceremony.
is not of full age ; or
is already a British citizen, a British Dependent Territories citizen, a British Overseas citizen, a British subject, or a citizen of any country of which Her Majesty is Queen.
A person of full age shall not be registered under this Act as a British overseas territories citizen unless he has made the relevant citizenship oath and pledge specified in Schedule 5.
A certificate of naturalisation as a British overseas territories citizen shall not be granted under this Act to a person of full age unless he has made the relevant citizenship oath and pledge specified in Schedule 5.
A person of full age shall not be registered under this Act as a British Overseas citizen or a British subject unless he has made the relevant citizenship oath specified in Schedule 5.
Where the Secretary of State thinks it appropriate because of the special circumstances of a case he may—
disapply any of subsections (1) to (5), or
modify the effect of any of those subsections.
Sections 5 and 6 of the Oaths Act 1978 (c. 19) (affirmation) apply to a citizenship oath; and a reference in this Act to a citizenship oath includes a reference to a citizenship affirmation.
The Secretary of State must arrange for a review of the operation of the relevant deprivation power to be carried out in relation to each of the following periods—
the initial one year period;
each subsequent three year period.
The “relevant deprivation power” is the power to make orders under section 40(2) to deprive persons of a citizenship status in the circumstances set out in section 40(4A).
A review must be completed as soon as practicable after the end of the period to which the review relates.
As soon as practicable after a person has carried out a review in relation to a particular period, the person must—
produce a report of the outcome of the review, and
send a copy of the report to the Secretary of State.
The Secretary of State must lay before each House of Parliament a copy of each report sent under subsection (4)(b).
The Secretary of State may, after consultation with the person who produced the report, exclude a part of the report from the copy laid before Parliament if the Secretary of State is of the opinion that it would be contrary to the public interest or prejudicial to national security for that part of the report to be made public.
The Secretary of State may—
make such payments as the Secretary of State thinks appropriate in connection with the carrying out of a review, and
make such other arrangements as the Secretary of State thinks appropriate in connection with the carrying out of a review (including arrangements for the provision of staff, other resources and facilities).
In this section—
Subject to subsection (3), the Secretary of State may, in the case of any of his functions under this Act with respect to any of the matters mentioned in subsection (2), make arrangements for that function to be exercised—
in any of the Islands, by the Lieutenant-Governor in cases concerning British citizens or British citizenship;
in any British overseas territory. . . , by the Governor in cases concerning British overseas territories citizens or British overseas territories citizenshipand in cases concerning British Nationals (Overseas) or the status of a British National (Overseas)
The said matters are—
registration and naturalisation; and
renunciation, resumption and deprivation of British citizenship or British overseas territories citizenship.
renunciation and deprivation of the status of a British National (Overseas).
Nothing in this section applies in the case of any power to make regulations or rules conferred on the Secretary of State by this Act.
Arrangements under subsection (1) may provide for any such function as is there mentioned to be exercisable only with the approval of the Secretary of State.
Any discretion vested by or under this Act in the Secretary of State, a Governor or a Lieutenant-Governor shall be exercised without regard to the race, colour or religion of any person who may be affected by its exercise.
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An application for registration of an adult or young person as a British citizen under section 1(3), (3A) or (4), 3(1), (2) or (5), 4(2) or (5), 4A, 4AA, ... 4D, ... 5, 10(1) or (2) or 13(1) or (3) must not be granted unless the Secretary of State is satisfied that the adult or young person is of good character.
An application for registration of an adult or young person as a British citizen under section 4F, so far as the relevant registration provision (as defined in section 4F(2)) is section 1(3), 3(2) , 3(5) or 4D, must not be granted unless the Secretary of State is satisfied that the adult or young person is of good character.
An application for registration of an adult or young person as a British overseas territories citizen under section 15(3) or (4), 17(1) , (2) or (5), 22(1) or (2) or 24 must not be granted unless the Secretary of State is satisfied that the adult or young person is of good character.
An application for registration of an adult or young person as a British overseas territories citizen under section 17C, so far as the relevant registration provision (as defined in section 17C(2)) is section 15(3), 17(2) or 17(5), must not be granted unless the Secretary of State is satisfied that the adult or young person is of good character.
Subsection (2C) applies to an application for registration of an adult or young person as a British citizen under section 4K who is, or would have been, entitled to be registered as a British overseas territories citizen under section 17C, so far as the relevant registration provision (as defined in section 17C(2)) is section 15(3), 17(2) or 17(5).
The application must not be granted unless the Secretary of State is satisfied that the adult or young person is of good character.
An application for registration of an adult or young person as a British Overseas citizen under section 27(1) must not be granted unless the Secretary of State is satisfied that the adult or young person is of good character.
An application for registration of an adult or young person as a British subject under section 32 must not be granted unless the Secretary of State is satisfied that the adult or young person is of good character.
In this section, “ adult or young person ” means a person who has attained the age of 10 years at the time when the application is made.
Every document purporting to be a notice, certificate, order or declaration, or an entry in a register, or a subscription of an oath of allegiance, given, granted or made under this Act or any of the former nationality Acts shall be received in evidence and shall, unless the contrary is proved, be deemed to have been given, granted or made by or on behalf of the person by whom or on whose behalf it purports to have been given, granted or made.
Prima facie evidence of any such document may be given by the production of a document purporting to be certified as a true copy of it by such person and in such manner as may be prescribed.
Any entry in a register made under this Act or any of the former nationality Acts shall be received as evidence (and in Scotland as sufficient evidence) of the matters stated in the entry.
A certificate given by or on behalf of the Secretary of State that a person was at any time in Crown service under the government of the United Kingdom or that a person’s recruitment for such service took place in the United Kingdom shall, for the purposes of this Act, be conclusive evidence of that fact.
Any person who for the purpose of procuring anything to be done or not to be done under this Act— shall be liable on summary conviction in the United Kingdom to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale, or both.
makes any statement which he knows to be false in a material particular; or
recklessly makes any statement which is false in a material particular,
Any person who without reasonable excuse fails to comply with any requirement imposed on him by regulations made under this Act with respect to the delivering up of certificates of naturalisation shall be liable on summary conviction in the United Kingdom to a fine not exceeding level 4 on the standard scale.
In the case of an offence under subsection (1)—
any information relating to the offence may in England and Wales be tried by a magistrates’ court if it is laid within six months after the commission of the offence, or if it is laid within three years after the commission of the offence and not more than two months after the date certified by a chief officer of police to be the date on which evidence sufficient to justify proceedings came to the notice of an officer of his police force; and
summary proceedings for the offence may in Scotland be commenced within six months after the commission of the offence, or within three years after the commission of the offence and not more than two months after the date on which evidence sufficient in the opinion of the Lord Advocate to justify proceedings came to his knowledge; and
a complaint charging the commission of the offence may in Northern Ireland be heard and determined by a magistrates’ court if it is made within six months after the commission of the offence, or if it is made within three years after the commission of the offence and not more than two months after the date certified by an officer of police not below the rank of assistant chief constable to be the date on which evidence sufficient to justify the proceedings came to the notice of the police in Northern Ireland.
For the purposes of subsection (3)(b) proceedings shall be deemed to be commenced on the date on which a warrant to apprehend or to cite the accused is granted, if such warrant is executed without undue delay; and a certificate of the Lord Advocate as to the date on which such evidence as is mentioned in subsection (3)(b) came to his knowledge shall be conclusive evidence.
For the purposes of the trial of a person for an offence under subsection (1) or (2), the offence shall be deemed to have been committed either at the place at which it actually was committed or at any place at which he may be.
In their application to the Bailiwick of Jersey subsections (1) and (2) shall have effect with the omission of the words “on summary conviction”.
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A person born out of wedlock and legitimated by the subsequent marriage of his parents shall, as from the date of the marriage, be treated for the purposes of this Act as if he had been born legitimate.
A person shall be deemed for the purposes of this section to have been legitimated by the subsequent marriage of his parents if by the law of the place in which his father was domiciled at the time of the marriage the marriage operated immediately or subsequently to legitimate him, and not otherwise.
A person who is registered under this Act as a citizen of any description or as a British subject shall be treated as having become a citizen or subject—
immediately on making the required citizenship oath and pledge in accordance with section 42, or
where the requirement for an oath and pledge is disapplied, immediately on registration.
A person granted a certificate of naturalisation under this Act as a citizen of any description shall be treated as having become a citizen—
immediately on making the required citizenship oath and pledge in accordance with section 42, or
where the requirement for an oath and pledge is disapplied, immediately on the grant of the certificate.
In the application of subsection (1) to registration as a British Overseas citizen or as a British subject the reference to the citizenship oath and pledge shall be taken as a reference to the citizenship oath.
Any reference in this Act to the status or description of the father or mother of a person at the time of that person’s birth shall, in relation to a person born after the death of his father or mother, be construed as a reference to the status or description of the parent in question at the time of that parent’s death; and where that death occurred before, and the birth occurs after, commencement, the status or description which would have been applicable to the father or mother had he or she died after commencement shall be deemed to be the status or description applicable to him or her at the time of his or her death.
Any provision of the existing nationality Acts which provides for a person to be entitled to registration as a citizen of the United Kingdom and Colonies or a British subject shall have effect subject to subsection (1).
A person registered after the passing of this Act under any provision of the existing nationality Acts as a citizen of the United Kingdom and Colonies or a British subject shall be such a citizen by registration or, as the case may be, a British subject by virtue of that provision as from the date on which he is so registered; and a person to whom a certificate of naturalisation is after the passing of this Act granted under any such provision shall be a citizen of the United Kingdom and Colonies by naturalisation as from the date on which the certificate is granted.
The following provisions of the existing nationality Acts, namely— shall not apply in relation to any application for registration or for a certificate of naturalisation under any provision of the existing nationality Acts, whenever made, unless the person to whom that application relates has been registered or, as the case may be, granted such a certificate before the passing of this Act.
in the 1948 Act, section 9 and, in section 10(1), the words from “and the person ” onwards ; and
section 1(2) of the British Nationality Act 1965,
In this section “the existing nationality Acts ” means the British Nationality Acts 1948 to 1965.
In this Act, unless the context otherwise requires—
In section 3(5) (offence for a subject of Her Majesty to abet breaking or injuring of submarine cable outside dominions), for “a subject of Her Majesty” substitute “ a Commonwealth citizen ”.
a British citizen, a British Dependent Territories citizen or a British Overseas citizen; or
a person who under the British Nationality Act 1981 is a British subject; or
a British protected person (within the meaning of that Act).".
in relation to England and Wales, a county council, a county borough council, a metropolitan district council, a London Borough Council and the Common Council of the City of London, and
“ company ” means a body corporate;
a British citizen, a British Dependent Territories citizen or a British Overseas citizen ; or
a person who under the British Nationality Act 1981 is a British subject; or
a British protected person (within the meaning of that Act)".
“Isle of Man immigration rules” means the rules laid down under section 3(2) of the Immigration Act 1971 as that section extends to the Isle of Man;
in the definition of “British protected person”, for “the British Nationality Acts 1948 to 1964” substitute “the British Nationality Act 1981”; and
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in paragraph (a), for “the British Nationality Acts 1948 to 1965 ” substitute “the British Nationality Act 1981”; and
any instrument of a legislative character made under any Northern Ireland legislation;
Subject to paragraph 2, the requirements for naturalisation as a British citizen under section 6(1) are, in the case of any person who applies for it— The requirements referred to in sub-paragraph (1)(a) of this paragraph are— The alternative requirement referred to in sub-paragraph (1)(a) of this paragraph is that on the date of the application he is serving outside the United Kingdom in Crown service under the government of the United Kingdom.
If in the special circumstances of any particular case the Secretary of State thinks fit, he may for the purposes of paragraph 1 do all or any of the following things, namely— Sub-paragraph (1B) applies where the applicant has indefinite leave to enter or remain in the United Kingdom. The Secretary of State may for the purposes of paragraph 1 treat the applicant as fulfilling the requirement specified in paragraph 1(2)(d), without enquiring into whether or not the applicant was in the United Kingdom in breach of the immigration laws in the period there mentioned. The reference in sub-paragraph (1A) to having indefinite leave to enter or remain is to be construed in accordance with the Immigration Act 1971. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
treat the applicant as fulfilling the requirement specified in paragraph 1(2)(a) or paragraph 1(2)(b), or both, although the number of days on which he was absent from the United Kingdom in the period there mentioned exceeds the number there mentioned ;
treat the applicant as having been in the United Kingdom for the whole or any part of any period during which he would otherwise fall to be treated under paragraph 9(1) as having been absent;
disregard any such restriction as is mentioned in paragraph 1(2)(c), not being a restriction to which the applicant was subject on the date of the application ;
treat the applicant as fulfilling the requirement specified in paragraph 1(2)(d) although he was in the United Kingdom in breach of the immigration laws in the period there mentioned;
waive the need to fulfil the requirement specified in paragraph 1(1)(c) if he considers that because of the applicant's age or physical or mental condition it would be unreasonable to expect him to fulfil it.
A person has a qualifying immigration status for the purposes of paragraph 1(2) if the person has— A person who is required for those purposes to have a qualifying immigration status for the whole of the qualifying period need not have the same qualifying immigration status for the whole of that period.
Subject to paragraph 4, the requirements for naturalisation as a British citizen under section 6(2) are, in the case of any person who applies for it—
that he was in the United Kingdom at the beginning of the period of three years ending with the date of the application, and that the number of days on which he was absent from the United Kingdom in that period does not exceed 270; and
that the number of days on which he was absent from the United Kingdom in the period of twelve months so ending does not exceed 90; and
that on the date of the application he was not subject under the immigration laws to any restriction on the period for which he might remain in the United Kingdom; and
that he was not at any time in the period of three years ending with the date of the application in the United Kingdom in breach of the immigration laws; and
the requirements specified in paragraph 1(1)(b), (c) and (ca) .
Paragraph 2 shall apply in relation to paragraph 3 with the following modifications, namely—
the references to the purposes of paragraph 1 shall be read as references to the purposes of paragraph 3;
the references to paragraphs 1(2)(a), 1(2)(b) and 1(2)(d) shall be read as references to paragraphs 3(a), 3(b) and 3(d) respectively;
paragraph 2(c) . . . shall be omitted; and
after paragraph (e) there shall be added—
Subject to paragraph 3(5), a person has a qualifying immigration status for the purposes of paragraph 3 if the person has— For the purposes of paragraph 3 and this paragraph, the leave mentioned in sub-paragraph (1)(a), (b) or (c) is based on a relevant family association if it was granted on the basis of the person having a relevant family association. A person who is required for the purposes of paragraph 3 to have, for the whole of the qualifying period, a qualifying immigration status and a relevant family association need not, for the whole of that period— Where, by virtue of sub-paragraph (3)(a), a person relies upon having more than one qualifying immigration status falling within sub-paragraph (1)(a), (b) or (c)—
Subject to paragraph 6, the requirements for naturalisation as a British overseas territories citizen under section 18(1) are, in the case of any person who applies for it— The requirements referred to in sub-paragraph (1)(a) of this paragraph are— The alternative requirement referred to in sub-paragraph (1)(a) of this paragraph is that on the date of the application he is serving outside the relevant territory in Crown service under the government of that territory.
If in the special circumstances of any particular case the Secretary of State thinks fit, he may for the purposes of paragraph 5 do all or any of the following things, namely—
treat the applicant as fulfilling the requirement specified in paragraph 5(2)(a) or paragraph 5(2)(b), or both, although the number of days on which he was absent from the relevant territory in the period there mentioned exceeds the number there mentioned;
treat the applicant as having been in the relevant territory for the whole or any part of any period during which he would otherwise fall to be treated under paragraph 9(2) as having been absent;
disregard any such restriction as is mentioned in paragraph 5(2)(c), not being a restriction to which the applicant was subject on the date of the application ;
treat the applicant as fulfilling the requirement specified in paragraph 5(2)(d) although he was in the relevant territory in breach of the immigration laws in the period there mentioned;
waive the need to fulfil the requirement specified in paragraph 5(1)(c) if he considers that because of the applicant's age or physical or mental condition it would be unreasonable to expect him to fulfil it.
The qualifying period for the purposes of paragraph 1 or 3 is a period of years which ends with the date of the application in question. The length of the period is determined in accordance with the following provisions of this paragraph. In the case of an applicant who does not meet the activity condition, the number of years in the period is— In the case of an applicant who meets the activity condition, the number of years in the period is— The applicant meets the activity condition if the Secretary of State is satisfied that the applicant—
Subject to paragraph 8, the requirements for naturalisation as a British overseas territories citizen under section 18(2) are, in the case of any person who applies for it—
that he was in the relevant territory at the beginning of the period of three years ending with the date of the application, and that the number of days on which he was absent from that territory in that period does not exceed 270; and
that the number of days on which he was absent from that territory in the period of twelve months so ending does not exceed 90; and
that on the date of the application he was not subject under the immigration laws to any restriction on the period for which he might remain in that territory; and
that he was not at any time in the period of three years ending with the date of the application in that territory in breach of the immigration laws; and
the requirements specified in paragraph 5(1)(b) and (c).
Paragraph 6 shall apply in relation to paragraph 7 with the following modifications, namely—
the references to the purposes of paragraph 5 shall be read as references to the purposes of paragraph 7;
the references to paragraphs 5(2)(a), 5(2)(b) and 5(2)(d) shall be read as references to paragraphs 7(a), 7(b) and 7(d) respectively;
paragraph 6(c) . . . shall be omitted; and
after paragraph (e) there shall be added—
For the purposes of this Schedule a person shall (subject to paragraph 2(b)) be treated as having been absent from the United Kingdom during any of the following periods, that is to say— For the purposes of this Schedule a person shall (subject to paragraph 6(b)) be treated as having been absent from any particular British overseas territory during any of the following periods, that is to say—
In this Schedule “the relevant territory” has the meaning given by section 18(3).
This paragraph applies for the purposes of this Schedule. A person has qualifying temporary residence leave if— A person has probationary citizenship leave if— and the reference in sub-paragraph (2) to a grant of probationary citizenship leave is to be construed accordingly. A person has permanent residence leave if the person has indefinite leave to enter or remain in the United Kingdom. A person has a qualifying CTA entitlement if the person— A person has a Commonwealth right of abode if the person has the right of abode in the United Kingdom by virtue of section 2(1)(b) of the Immigration Act 1971. A person has a permanent EEA entitlement if the person is entitled to reside in the United Kingdom permanently by virtue of any provision made under section 2(2) of the European Communities Act 1972. A person has a temporary EEA entitlement if the person does not have a permanent EEA entitlement but is entitled to reside in the United Kingdom by virtue of any provision made under section 2(2) of the European Communities Act 1972. A reference in this paragraph to having leave to enter or remain in the United Kingdom is to be construed in accordance with the Immigration Act 1971.
Section 36.
Where a person born in the United Kingdom after commencement would, but for this paragraph, be born stateless, then, subject to sub-paragraph (3)— The descriptions referred to in sub-paragraph (1) are a British overseas territories citizen, a British Overseas citizen and a British subject under this Act. A person shall not be a British subject by virtue of this paragraph if by virtue of it he is a citizen of a description mentioned in sub-paragraph (2).
Where a person born in a British overseas territory after commencement would, but for this paragraph, be born stateless, then, subject to sub-paragraph (3)— The descriptions referred to in sub-paragraph (1) are a British citizen, a British Overseas citizen and a British subject under this Act. A person shall not be a British subject by virtue of this paragraph if by virtue of it he is a citizen of a description mentioned in sub-paragraph (2).
A person born in the United Kingdom or a British overseas territory after commencement shall be entitled, on an application for his registration under this paragraph, to be so registered if the following requirements are satisfied in his case, namely— A person entitled to registration under this paragraph—
A person born outside the United Kingdom and the British overseas territories after commencement shall be entitled, on an application for his registration under this paragraph, to be so registered if the following requirements are satisfied, namely— A person entitled to registration under this paragraph— For the purposes of this paragraph the descriptions of citizen or subject available to a person entitled to registration under this paragraph are— The descriptions referred to in sub-paragraphs (1) to (3) are a British citizen, a British overseas territories citizen , a British Overseas citizen and a British subject under this Act.
A person born in the United Kingdom or a British overseas territory after commencement is entitled, on an application for the person to be registered under this paragraph, to be so registered if— A person is able to acquire a nationality in accordance with this sub-paragraph if— For the purposes of sub-paragraph (2)(b), a person is not entitled to acquire a nationality if its acquisition is conditional on the exercise of a discretion on the part of the country or territory in question. A person entitled to registration under this paragraph—
A person born before commencement shall be entitled, on an application for his registration under this paragraph, to be so registered if the circumstances are such that, if— that person would have been entitled under that section to be registered as such a citizen. A person entitled to registration under this paragraph shall be registered under it as such a citizen as he would have become at commencement if, immediately before commencement, he had been registered as a citizen of the United Kingdom and Colonies under section 1 of the British Nationality (No. 2) Act 1964 on whichever of the grounds mentioned in subsection (1)(a) to (c) of that section he would have been entitled to be so registered on in the circumstances described in sub-paragraph (1)(a) and (b) of this paragraph.
If in the special circumstances of any particular case the Secretary of State thinks fit, he may for the purposes of paragraph 3 , 3A or 4 treat the person who is the subject of the application as fulfilling the requirement specified in sub-paragraph (1)(c) of that paragraph although the number of days on which he was absent from both the United Kingdom and the British overseas territories in the period there mentioned exceeds the number there mentioned.
Antigua and Barbuda Australia The Bahamas Bangladesh Barbados Belize Botswana Brunei Cameroon Canada Republic of Cyprus Dominica Eswatini Fiji Gabon The Gambia Ghana Grenada Guyana India Jamaica Kenya Kiribati Lesotho Malawi Malaysia Maldives Malta Mauritius Mozambique Nauru New Zealand Nigeria Pakistan Papua New Guinea Rwanda Saint Christopher and Nevis Saint Lucia Saint Vincent and the Grenadines Seychelles Sierra Leone Singapore Solomon Islands South Africa Sri Lanka ... Tanzania Togo Tonga Trinidad and Tobago Tuvalu Uganda Vanuatu Western Samoa Zambia Zimbabwe Namibia
Section 39(6).
In this Schedule “the 1971 Act” means the Immigration Act 1971.
For “patrial”—
where it occurs in the provisions of the 1971 Act listed in the first column of the following table, and where it first occurs in section 6(2) of that Act, substitute “ a British citizen ” ;
where it occurs in the provisions listed in that Act in the second column of that table, and where it last occurs in section 6(2) of that Act, substitute “ British citizens ”. (1) “a British citizen” (2) “British citizens” Section 3(1), (5), (6), (8) ; Section 3(7) (twice) Section 5(2) ; Section 4(4) ; Section 9(4) ; Section 8(2), (3), (4) ; Section 14(2) ; Section 9(2) ; Section 24(1) ; . . . ; In section 33(1), the definitions of “entry clearance” and “work permit” ; In Schedule 2, paragraph 26(1). In Schedule 2, paragraphs 2(1)(a), 3(1), 6(1), 12(2) and 13(2). In Schedule 4, paragraphs 1(1) and (2), 3(1) and 4.
For “certificate of patriality”, wherever (except in section 33(1)) it occurs in the 1971 Act (that is, in sections 13(2), 22(4)(a) and (5)(a), 26(1)(d) (twice) and paragraph 19(2) of Schedule 2 (twice)) substitute “ certificate of entitlement ”. In the entry in section 33(1) which defines “certificate of patriality”, for “patriality” substitute “ entitlement ”.
In section 3(7) of the 1971 Act (powers available where restrictions or conditions are imposed on citizens of the United Kingdom and Colonies when leaving or seeking to leave other countries), for “citizens of the United Kingdom and Colonies” substitute “ British citizens, British overseas territories citizens or British Overseas citizens ”.
In section 8(5) of the 1971 Act, for the words from “settled” onwards (by virtue of which persons are not to be regarded for the purposes of the 1971 Act as having been settled in the United Kingdom while entitled to certain exemptions) substitiute “ settled in the United Kingdom at any time when he was entitled under the former immigration laws to any exemption corresponding to any of those afforded by subsection (3) or (4)(b) or (c) above or by any order under subsection (2) above. ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
by a British citizen, a British Dependent Territories citizen, or a British Overseas citizen;
by a person who under the British Nationality Act 1981 is a British subject; or
by a British protected person (within the meaning of that Act).".
In section 33 of the 1971 Act (interpretation)—
in subsection (1)—
in the definition of “settled”, for the words from “with” onwards substitute “ with subsection (2A) below ; ” ; and
“United Kingdom passport” means a current passport issued by the Government of the United Kingdom, or by the Lieutenant-Governor of any of the Islands, or by the Government of any territory which is for the time being a British overseas territory within the meaning of the British Nationality Act 1981 ;
after subsection (2) insert—
dealing with nationality, or any other ancillary matters, in connection with a country or territory becoming independent from the United Kingdom.
a British citizen, a British Dependent Territories citizen or a British Overseas citizen ; or
a person who under the British Nationality Act 1981 is a British subject; or
a British protected person (within the meaning of that Act).".
The form of citizenship oath and pledge is as follows for registration of or naturalisation as a British citizen—
“I,[name], swear by Almighty God that, on becoming a British citizen, I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law.”
“I will give my loyalty to the United Kingdom and respect its rights and freedoms. I will uphold its democratic values. I will observe its laws faithfully and fulfil my duties and obligations as a British citizen.”
The form of citizenship oath and pledge is as follows for registration of or naturalisation as a British overseas territories citizen—
and the date of grant of such leave is referred to in this section as “the relevant date”.
Condition 2 is that—
P is granted the leave described in subsection (3)(a) or (b) pursuant to an application made before 1st July 2021, or
immediately before 1st July 2021, P would have met the eligibility requirements for— if an application had been made at that time.
UK related indefinite leave within paragraph EU11 or EU12 of Appendix EU to the UK immigration rules, or
Isle of Man related indefinite leave within paragraph EU11 or EU12 of Appendix EU to the Isle of Man immigration rules,
Condition 3 is that P is ordinarily resident in the United Kingdom on the relevant date.
In determining whether subsection (4)(b) applies, it is to be assumed that P was not entitled to any exemption under section 8 of the Immigration Act 1971 immediately before 1st July 2021.
Any subsequent change to the immigration status of P does not affect the status of C as a British citizen.
In this section—
“ United Kingdom consulate ” means the office of a consular officer of Her Majesty’s government in the United Kingdom where a register of births is kept or, where there is no such office, such office as may be prescribed.
providing for a country or territory to become independent from the United Kingdom, or
“I,[name], swear by Almighty God that, on becoming a British overseas territories citizen, I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law.”
“I will give my loyalty to[name of territory] and respect its rights and freedoms. I will uphold its democratic values. I will observe its laws faithfully and fulfil my duties and obligations as a British overseas territories citizen.”
The form of citizenship oath is as follows for registration of a British Overseas citizen— “I,[name], swear by Almighty God that, on becoming a British Overseas citizen, I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law.”
The form of citizenship oath is as follows for registration of a British subject— “I,[name], swear by Almighty God that, on becoming a British subject, I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law.”.
Section 50(1).
Anguilla Bermuda British Antarctic Territory British Indian Ocean Territory Cayman Islands Falkland Islands ... Gibraltar ... Montserrat Pitcairn, Henderson, Ducie and Oeno Islands ... St Helena, Ascension and Tristan da Cunha South Georgia and the South Sandwich Islands The Sovereign Base Areas of Akrotiri and Dhekelia (that is to say the areas mentioned in section 2(1) of the Cyprus Act 1960) Turks and Caicos Islands Virgin Islands.
Section 52(6).
dealing with nationality, or any other ancillary matters, in connection with a country or territory becoming independent from the United Kingdom;
In section 3(1)(a) (certain provisions not affected by fact that Republic of Ireland is not part of Her Majesty's dominions), for sub-paragraph (i) (which lists the British Nationality Act 1948) substitute—
For section 7(2) (interpretation of references to protectorates etc. by reference to 1948 Act) substitute—
In section 3(1)(a) (certain provisions not affected by fact that Republic of Ireland is not part of Her Majesty’s dominions), for sub-paragraph (i) (which lists the British Nationality Act 1948) substitute—
For section 7(2) (interpretation of references to protectorates etc. by reference to the 1948 Act) substitute—
In section 9 (territorial extent of Part I), in subsection (2)—
in the definition of “British protected person”, for “section 1(3) of the British Nationality Acts 1948 to 1964” substitute “ the British Nationality Act 1981 ” ; and
in the definition of “excepted ship or aircraft”, for “section 1(3) of the British Nationality Act 1948” substitute “ Schedule 3 to the British Nationality Act 1981 ”.
For section 3(2) (disregard, in connection with citizenship of children of certain persons possessing dipolmatic immunity, of Orders in Council withdrawing diplomatic privileges and immunities) substitute— .
the initial one year period, or
in the definition of “British protected person”, for “the British Nationality Acts 1948 to 1965” substitute “the British Nationality Act 1981”; and
in the definition of “excepted ship or aircraft”, for " section 1(3) of the British Nationality Act 1948“substitute ”Schedule 3 to the British Nationality Act 1981".
In section 13(3) (power to make changes in nationality or citizenship law in certain events), for “citizens of the United Kingdom and Colonies” substitute “British Dependent Territories citizens or British Overseas citizens”.
In Schedule 3 (modifications of British Nationality Acts)—
This paragraph applies to those functions of the Secretary of State under the British Nationality Act 1981 in the case of which he has power under section 43 of that Act to make arrangements for them to be exercised in a dependent territory which is for the time being a colony by the Governor ; and subsection (4) of that section (approval of Secretary of State) shall apply in relation to a direction under this paragraph as it applies in relation to arrangements under that section.
in paragraph 6, for the words from “Section 26 ” to “1965) ” substitute “Section 44 of the British Nationality Act 1981”.
In section 13(3) (power to make changes in nationality or citizenship law in certain events), for “citizens of the United Kingdom and Colonies” substitute “ British overseas territories citizens or British Overseas citizens ”.
In Schedule 3 (modifications of British Nationality Acts)—
for paragraph 4(3) substitute— ; and
in paragraph 6, for the words from “Section 26” to “1965)” substitute “ Section 44 of the British Nationality Act 1981 ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“the remedial period” means—
for paragraphs (a) to (e) substitute—; and
a right to reside in Great Britain and Northern Ireland that arises under or by virtue of— section 2(1) or (2) of the European Communities Act 1972, or any other enactment so far as passed or made, or operating, for a purpose mentioned in section 2(2)(a) or (b) of that Act, or
for “(a) to (e) ” substitute “(a) to (c)”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . .
In section 1(2) (meaning of certain terms in Schedule 1), in the definition of “national of the receiving state”, for the words from “as” onwards substitute as meaning—
“Commonwealth citizen” have the same meaning, that is—
in paragraph (a), for “the British Nationality Acts 1948 to 1965 ” substitute “the British Nationality Act 1981”; and
in paragraph (d), for “citizenship of the United Kingdom and Colonies” substitute “British citizenship, British Dependent Territories citizenship or British Overseas citizenship”.
“ immigration laws ”—
For “section 1(3) of the British Nationality Act 1948 ”. where ever it occurs (that is, in sections 181(1). 214(1)(b) and 372(2)(b)) substitute " Schedule 3 to the British Nationality Act 1981 .
. . . .
In section 214, after subsection (5) insert—
In section 70(3) (meaning of “British seamen ” in section 70), for “the British Nationality Act 1948 ” substitute “the British Nationality Act 1981”.
In section 93(3) (meaning of “independent Commonwealth country” in section 93), for “section 1(3) of the British Nationality Act 1948” substitute “Schedule 3 to the British Nationality Act 1981”.
In section 70(3) (meaning of “British seamen” in section 70), for “the British Nationality Act 1948” substitute “ the British Nationality Act 1981 ”.
In section 93(3) (meaning of “independent Commonwealth country” in section 93), for “section 1(3) of the British Nationality Act 1948” substitute “ Schedule 3 to the British Nationality Act 1981 ”.
In Part II of Schedule 1 (adoption orders)—
in paragraph 7(2)(a), for “the British Nationality Acts 1948 to 1965” substitute “the British Nationality Act 1981”; and
in paragraph 7(2)(d), for “citizenship of the United Kingdom and Colonies” substitute “British citizenship, British Dependent Territories citizenship or British Overseas citizenship”.
In Schedule 2 (status conferred in Scotland by adoption)—
in paragraph 1(4)(a), for “the British Nationality Acts 1948 to 1965 ” substitute “the British Nationality Act 1981”; and
in paragraph 1(4)(a*), for “citizenship of the United Kingdom and Colonies” substitute “British citizenship, British Dependent Territories citizenship or British Overseas citizenship”.
In Part II of Schedule 1 (adoption orders)—
in paragraph 7(2)(a), for “the British Nationality Acts 1948 to 1965” substitute “ the British Nationality Act 1981 ” ; and
in paragraph 7(2)(d), for “citizenship of the United Kingdom and Colonies” substitute “ British citizenship, British overseas territories citizenship or British Overseas citizenship. ”.
In Schedule 2 (status conferred in Scotland by adoption)—
in paragraph 1(4)(a), for “the British Nationality Acts 1948 to 1965” substitute “ the British Nationality Act 1981 ” ; and
in paragraph 1(4)(d), for “citizenship of the United Kingdom and Colonies” substitute “ British citizenship, British overseas territories citizenship or British Overseas citizenship. ”.
In section 47(2) (nationality enactments)—
in paragraph (a), for “the British Nationality Acts 1948 to 1965” substitute “ the British Nationality Act 1981 ” ; and
in paragraph (d), for “citizenship of the United Kingdom and Colonies” substitute “ British citizenship, British overseas territories citizenship or British Overseas citizenship. ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 6 (construction of nationality provisions)—
in subsection (1), for “section 1(3) of the 1948 Act” substitute “ Schedule 3 to the British Nationality Act 1981 ” ;
for subsection (2) substitute— ; and
in subsection (3), for “section 23(2) of the 1948 Act)” substitute “ section 47(2) of the British Nationality Act 1981) ”.
In section 41(2) (nationality enactments)—
in paragraph (a), for “the British Nationality Acts 1948 to 1965” substitute “ the British Nationality Act 1981 ” ; and
in paragraph (d), for “citizenship of the United Kingdom and Colonies” substitute “ British citizenship, British overseas territories citizenship or British Overseas citizenship. ”.
In paragraph 3 of Schedule 10 (territorial extent)—
in the definition of “British protected person”, for “the British Nationality Acts 1948 to 1965” substitute “ the British Nationality Act 1981 ” ; and
in the definition of “excepted ship or aircraft”, for “section 1(3) of the British Nationality Act 1948” substitute “ Schedule 3 to the British Nationality Act 1981 ”.
In section 4(5) (definition of “national of the United Kingdom”), for the words from “means” onwards substitute means— .
In section 1 (prohibition of unlicensed deep sea mining)—
in subsection (4), for “citizen of the United Kingdom and Colonies” substitute “ United Kingdom national ” ;
in subsection (5)(a), for “citizens of the United Kingdom and Colonies” and “such citizens” substitute respectively “ United Kingdom nationals ” and “ such nationals ” ; and
“United Kingdom national” means—
In section 14(3) (persons who may be guilty of offences under regulations), for “a citizen of the United Kingdom and Colonies” substitute “ a British citizen, a British overseas territories citizen or a British Overseas citizen ”.
Section 52(7).
This paragraph applies to any application— which is received before commencement by a person authorised to receive it on behalf of the person to whom it is made but which at commencement has not been determined. Sub-paragraph (2) shall have effect as if the references in it to the British Nationality Acts 1948 to 1965 did, and as if the reference in paragraph (b) of it to this Act did not, include section 49 of this Act.
Where a person who has been registered or to whom a certificate of naturalisation has been granted before the passing of this Act has at commencement not yet taken the oath of allegiance, paragraph 1(2) shall apply as if the application on which he was registered or the certificate was granted were an application to which paragraph 1 applies.
This paragraph applies to a person born less than a year before commencement if— If the birth of a person to whom this paragraph applies is registered at a United Kingdom consulate within one year of its occurrence, he shall be deemed for the purposes of this Act to have been, immediately before commencement, a citizen of the United Kingdom and Colonies by virtue of section 5 of the 1948 Act (citizenship by descent). References in this paragraph to the 1948 Act are references to that Act as in force at the time of the birth in question.
Where— the Secretary of State shall cause the declaration to be registered. If— the Secretary of State shall cause the declaration to be registered. On the registration under sub-paragraph (1) or (2) of any such declaration as is there mentioned the person who made it shall become under this Act such a citizen as he would have become at commencement if, immediately before commencement, he had been a citizen of the United Kingdom and Colonies by virtue of section 4(2) of the Cyprus Act 1960.
Any application for a certificate of patriality under the Immigration Act 1971 duly made but not determined before commencement shall be treated as if it were an application for a certificate of entitlement under that Act as amended by this Act.
Where a person who has been refused a certificate of patriality under the Immigration Act 1971 before commencement has immediately before commencement a right of appeal under Part II (appeals) of that Act against the refusal, the provisions of that Part shall have effect in relation to the refusal as if he had applied for, and been refused, a certificate of entitlement under that Act as amended by this Act.
Any appeal under Part II of the Immigration Act 1971 against a refusal of a certificate of patriality under that Act which is pending immediately before commencement shall be treated as if it were an appeal against a refusal of a certificate of entitlement under that Act as amended by this Act.
In relation to appeals against any decision taken or other thing done under the Immigration Act 1971 before commencement, other than a refusal of a certificate of patriality under that Act, the provisions of that Act shall continue to apply as in force immediately before commencement, and not as amended by this Act.
Section 52(8). Chapter Short title Extent of repeal 11 & 12 Geo. 6. c. 3. Burma Independence Act 1947. Section 2. Schedule 1. 11 & 12 Geo. 6. c. 56. British Nationality Act 1948. The whole Act except— (a)section (3); (b)section 32(3); (c)section 33(1) from the beginning to the words “Isle of Man”; and Section 34(1). 12, 13 & 14 Geo. 6. c. 41. Ireland Act 1949. Section 5. 14 Geo. 6. c. 5. Newfoundland (Consequential Provisions) Act 1950. The whole Act. 15 & 16 Geo. 6 & 1 Eliz. 2. c. 67. Visiting Forces Act 1952. Section 15(3)(c) and (d). 5 & 6 Eliz. 2. c. 6. Ghana Independence Act 1957. Section 2. 5 & 6 Eliz. 2. c. 60. Federation of Malaya Independence Act 1957. In Schedule 1, paragraph 1. 6 & 7 Eliz. 2. c. 10. British Nationality Act 1958. The whole Act. 7 & 8 Eliz. 2. c. 5. Adoption Act 1958. Section 19. In section 60(2), the words “section nineteen, and”. 8 & amp; 9 Eliz. 2. c. 52. Cyprus Act 1960. Section 4(2) to (4) and (7). In the Schedule, paragraph 1. 8 & 9 Eliz. 2. c. 55. Nigeria Independence Act 1960. Section 2. 9 & 10 Eliz. 2. c. 16. Sierra Leone Independence Act 1961. Section 2. 10 Eliz. 2. c. 1. Tanganyika Independence Act 1961. Section 2. 10 & 11 Eliz. 2. c. 8. Civil Aviation (Euro-control) Act 1962. Section 9(2). 10 & 11 Eliz. 2. c. 21. Commonwealth Immigrants Act 1962. Section 12(2) and (4). 10 & 11 Eliz. 2. c. 23. South Africa Act 1962. Section 1(2). Schedule 1. 10 & 11 Eliz. 2. c. 40. Jamaica Independence Act 1962. Section 2. 10 & 11 Eliz. 2. c. 54. Trinidad and Tobago Independence Act 1962. Section 2. 10 & 11 Eliz. 2. c. 57. Uganda Independence Act 1962. Section 2. 1963 c. 35. Malaysia Act 1963. Section 2. Schedule 1. 1963 c. 54. Kenya Independence Act 1963. Sections 2 and 3. 1963 c. 55. Zanzibar Act 1963. Section 2. Schedule 2. 1964 c. 5. International Headquarters and Defence Organisations Act 1964. Section 2(1)(c). In section 2(1)(d), the reference to paragraph (c). 1964 c. 22. British Nationality Act 1964. The whole Act. 1964 c. 57. Adoption Act 1964. Section 1(3). In section 4(4), the words from “except” to “1958”. 1964 c. 65. Zambia Independence Act 1964. Sections 3 and 4. 1964 c. 81. Diplomatic Privilages Act 1964. Section 5(2). 1964 c. 86. Malta Independence Act 1964. Sections 2 and 3. 1964 c. 93. Gambia Independence Act 1964. Sections 2 and 3. 1965 c. 34. British Nationality Act 1965. The whole Act. 1966 c. 14. Guyana Independence Act 1966. Sections 2 and 3. 1963 c. 23. Botswana Independence Act 1966. Sections 3 and 4. 1966 c. 24. Lesotho Independence Act 1966. Sections 3 and 4. 1966 c. 29. Singapore Act 1966. In the Schedule, paragraph 1. 1966 c. 37. Barbados Independence Act 1966. Sections 2 and 3. 1967 c. 4. West Indies Act 1967. Section 12. In Schedule 3, paragraphs 1. to 3, 5 and 7 and, in paragraph 4(1), the words form “(subject” to “Schedule)”. 1967 c. 71. Aden, Perim and Kuria Muria Islands Act 1967. Section 2. Schedule. 1968 c. 8. Mauritius Independence Act 1968 Sections 2 and 3. 1968 c. 18. Consular Relations Act 1968. Section 7. 1968 c. 53. Adoption Act 1968. Section 9(5). In section 14(3), the words “except sections 9(5) and this section”. 1968 c. 56. Swaziland Independence Act 1968. Sections 3 and 4. 1968 c. 59. Hovercraft Act 1968. In the Schedule, paragraph 1(d). 1969 c. 29. Tanzania Act 1969. Section 1. Section 7(1)(a) and (2). 1969 c. 46. Family Law Reform Act 1969. Section 28(4)(a). In Schedule 1, the entry relating to the British Nationality Act 1948. 1970 c. 22. Tonga Act 1970. Section 2. 1970 c. 50. Fiji Independence Act 1970. Sections 2 and 3. 1971 c. 62. Tribunals and Inquiries Act 1971. In section 14(3), the words from “affect” to “1948 or”. 1971 c. 77. Immigration Act 1971. In section 9(5), the words from “other” to “section 2”. Section 30(1). In section 31(a), the words from “(including” to “Act)”. Schedule 1 (including Appendices A to C). 1972 c. 55. Sri Lanka Republic Act 1972. Section 1(3) and (5). 1973 c. 27. Bahamas Independence Act 1973. Section 2(1), (2) and (6). 1973 c. 48. Pakistan Act 1973. Section 1. Schedules 1 and 2. 1973 c. 49. Bangladesh Act 1973. Section 2. 1975 c. 31. Malta Republic Act 1975. Section 1(3). 1975 c. 72. Children Act 1975. In section 109(2)(b), the words “and 63” and “and”. Section 109(2)(c). In Schedule 3, paragraph 63. 1976 c. 19. Seychelles Act 1976. Sections 3 and 4. Section 5(3). 1976 c. 36. Adoption Act 1976. Section 40. In section 47(2), the words “Without prejudice to section 40”. In section 74(4), the words from “except” to “1968”. 1976 c. 54. Trinidad and Tobago Republic Act 1976. Section 1(3). 1978 c. 15. Soloman Islands Act 1978. Section 2(1). Section 4(5). Section 5(1) and (3). 1978 c. 20. Tuvalu Act 1978. Sections 2, 3 and 5(2). 1978 c. 23. Judicature (Northern Ireland) Act 1978. Section 22(2)(a). 1978 c. 28. Adoption (Scotland) Act 1978. Section 40. In section 41(2), the words “Without prejudice to section 40”. 1978 c. 30. Interpretation Act 1978. In section 24(4), the words “British subject and Commonwealth citizen ;”. In Schedule 1. the entry defining “British subject” and “Commonwealth citizen”. In Schedule 2, inparagraph 6, the words “British subject and Commonwealth citizen ;”. 1979 c. 27. Kiribati Act 1979. Section 3(3). Sections 4 and 5. Section 7(2). 1979 c. 60. Zimbabwe Act 1979. Section 2. In section 5(2)— (a) paragraph (a); and (b) in paragraph (b), the words “1 or”. Schedule 1. 1980 c. 2. Papua New Guinea, Western Samoa and Nauru (Miscellaneous Provisions) Act 1980. In section 1, subsection (1) and, in subsection (3), the reference to section 3(2). Section 2. Section 3(2). 1980 c. 16. New Hebrides Act 1980. Section 1. In section 4(2), the reference to section 1(2). 1981 c. 52. Belize Act 1981. Section 4(1). 1981 c. 61. British Nationality Act 1981. Section 49.
in paragraph (d), for “citizenship of the United Kingdom and Colonies ” substitute “British citizenship, British Dependent Territories citizenship or British Overseas citizenship”.
in the definition of “excepted ship or aircraft”, for “section 1(3) of the British Nationality Act 1948” substitute “Schedule 3 to the British Nationality Act 1981”.
“settled ” shall be construed in accordance with subsections (2) to (4);
Subject to subsection (3), references in this Act to a person being settled in the United Kingdom or in a British overseas territory are references to his being ordinarily resident in the United Kingdom or, as the case may be, in that territory without being subject under the immigration laws to any restriction on the period for which he may remain.
Subject to subsection (1B), references in this Act to being a member of the armed forces are references to being—
a member of the regular forces within the meaning of the Armed Forces Act 2006, or
a member of the reserve forces within the meaning of that Act subject to service law by virtue of paragraph (a), (b) or (c) of section 367(2) of that Act.
Subject to subsection (4), a person is not to be regarded for the purposes of this Act—
as having been settled in the United Kingdom at any time when he was entitled to an exemption under section 8(3) or (4)(b) or (c) of the Immigration Act 1971 or, unless the order under section 8(2) of that Act conferring the exemption in question provides otherwise, to an exemption under the said section 8(2), or to any corresponding exemption under the former immigration laws; or
as having been settled in a British overseas territory at any time when he was under the immigration laws entitled to any exemption corresponding to any such exemption as is mentioned in paragraph (a) (that paragraph being for the purposes of this paragraph read as if the words from “unless” to “otherwise” were omitted).
A person is not to be regarded as a member of the armed forces by virtue of subsection (1A) if the person is treated as a member of a regular or reserve force by virtue of—
section 369 of the Armed Forces Act 2006, or
section 4(3) of the Visiting Forces (British Commonwealth) Act 1933.
A person to whom a child is born in the United Kingdom after commencement is to be regarded for the purposes of section 1(1) as being settled in the United Kingdom at the time of the birth if— but this subsection shall not apply if at the time of the birth the child’s father or mother is a person on whom any immunity from jurisdiction is conferred by or under the Diplomatic Privileges Act 1964.
he would fall to be so regarded but for his being at that time entitled to an exemption under section 8(3) of the Immigration Act 1971; and
immediately before he became entitled to that exemption he was settled in the United Kingdom; and
he was ordinarily resident in the United Kingdom from the time when he became entitled to that exemption to the time of the birth;
It is hereby declared that a person is not to be treated for the purpose of any provision of this Act as ordinarily resident in the United Kingdom or in a British overseas territory at a time when he is in the United Kingdom or, as the case may be, in that territory in breach of the immigration laws.
For the purposes of this Act— and references in this Act to naturalisation in the United Kingdom or in a British overseas territory shall be construed accordingly.
a person shall be taken to have been naturalised in the United Kingdom if, but only if, he is—
a person to whom a certificate of naturalisation was granted under any of the former nationality Acts by the Secretary of State or, in any of the Islands, by the Lieutenant-Governor; or
a person who by virtue of section 27(2) of the British Nationality and Status of Aliens Act 1914 was deemed to be a person to whom a certificate of naturalisation was granted, if the certificate of naturalisation in which his name was included was granted by the Secretary of State; or
a person who by virtue of section 10(5) of the Naturalization Act 1870 was deemed to be a naturalised British subject by reason of his residence with his father or mother;
a person shall be taken to have been naturalised in a British overseas territory if, but only if, he is—
a person to whom a certificate of naturalisation was granted under any of the former nationality Acts by the Governor of that territory or by a person for the time being specified in a direction given in relation to that territory under paragraph 4 of Schedule 3 to the West Indies Act 1967 or for the time being holding an office so specified; or
a person who by virtue of the said section 27(2) was deemed to be a person to whom a certificate of naturalisation was granted, if the certificate of naturalisation in which his name was included was granted by the Governor of that territory; or
a person who by the law in force in that territory enjoyed the privileges of naturalisation within that territory only;
shall be deemed to have been born in the United Kingdom if—
at the time of the birth his father or mother was a British citizen; or
he would, but for this subsection, have been born stateless,
subject to paragraph (a), is to be regarded as born outside the United Kingdom, whoever was the owner of the ship or aircraft at that time, and irrespective of whether or where it was then registered.
For the purposes of this Act an application under any provision thereof shall be taken to have been made at the time of its receipt by a person authorised to receive it on behalf of the person to whom it is made; and references in this Act to the date of such an application are references to the date of its receipt by a person so authorised.
For the purposes of this Act a child’s mother is the woman who gives birth to the child.
the relationship of mother and child shall be taken to exist between a woman and any child (legitimate or illegitimate) born to her; but
subject to section 47, the relationship of father and child shall be taken to exist only between a man and any legitimate child born to him ;
For the purposes of this Act—
a period “from” or “to” a specified date includes that date; and
any reference to a day on which a person was absent from the United Kingdom or from a British overseas territory or from the British overseas territories is a reference to a day for the whole of which he was so absent.
For the purposes of this Act a person born outside a qualifying territory aboard a ship or aircraft—
shall be deemed to have been born in that territory if— and (in either case) at the time of the birth the ship or aircraft was registered in that territory or was an unregistered ship or aircraft of the government of that territory; but
at the time of the birth his father or mother was a British citizen or a British overseas territories citizen; or
he would, but for this subsection, have been born stateless,
subject to paragraph (a), is to be regarded as born outside that territory, whoever was the owner of the ship or aircraft at the time, and irrespective of whether or where it was then registered.
For the purposes of this Act—
a person is of full age if he has attained the age of eighteen years, and of full capacity if he is not of unsound mind; and
a person attains any particular age at the beginning of the relevant anniversary of the date of his birth.
For the purposes of this Act a person born outside a British overseas territory, other than a qualifying territory, aboard a ship or aircraft—
shall be deemed to have been born in that territory if— and (in either case) at the time of the birth the ship or aircraft was registered in that territory or was an unregistered ship or aircraft of the government of that territory; but
at the time of the birth his father or mother was a British overseas territories citizen; or
he would, but for this subsection, have been born stateless,
subject to paragraph (a), is to be regarded as born outside that territory, whoever was the owner of the ship or aircraft at the time, and irrespective of whether or where it was then registered.
References in this Act to any country mentioned in Schedule 3 include references to the dependencies of that country.
Her Majesty may by Order in Council subject to annulment in pursuance of a resolution of either House of Parliament amend Schedule 6 in any of the following circumstances, namely—
where the name of any territory mentioned in it is altered; or
where any territory mentioned in it is divided into two or more territories.
For the purposes of this Act a child’s father is—
the husband or male civil partner, at the time of the child’s birth, of the woman who gives birth to the child, or
where a person is treated as the father of the child under section 28 of the Human Fertilisation and Embryology Act 1990 or section 35 or 36 of the Human Fertilisation and Embryology Act 2008, that person, or
where a person is treated as a parent of the child under section 42 or 43 of the Human Fertilisation and Embryology Act 2008, that person, or
where none of paragraphs (a) to (ba) applies, a person who satisfies prescribed requirements as to proof of paternity.
In subsection (9A)(c) “ prescribed ” means prescribed by regulations of the Secretary of State; and the regulations—
may confer a function (which may be a discretionary function) on the Secretary of State or another person,
may make provision which applies generally or only in specified circumstances,
may make different provision for different circumstances,
must be made by statutory instrument, and
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The expressions “ parent ”, “ child ” and “ descended ” shall be construed in accordance with subsections (9) and (9A).
For the purposes of the definition of “designated territory” in subsection (1), an Order in Council may— and, for the purposes of this subsection and the definition of “Convention adoption” in subsection (1), “ the Convention ” means the Convention on the Protection of Children and Co-operation in respect of Intercountry Adoption, concluded at the Hague on 29th May 1993. An Order in Council under this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.
designate any qualifying territory, or the Sovereign Base Areas of Akrotiri and Dhekelia, if the Convention is in force there, and
make different designations for the purposes of section 1 and section 15;
Where a provision of this Act requires an applicant to be of full capacity, the Secretary of State may waive the requirement in respect of a specified applicant if he thinks it in the applicant's best interests.
Without prejudice to subsection (3)(c), in any enactment or instrument whatever passed or made before commencement
in relation to any time before commencement—
a person who under the 1948 Act was at that time a citizen of the United Kingdom and Colonies or who, under any enactment then in force in a country mentioned in section 1(3) of that Act as then in force, was at that time a citizen of that country; and
any other person who had at that time the status of a British subject under that Act or any other enactment then in force;
in relation to any time after commencement, a person who has the status of a Commonwealth citizen under this Act.
In any enactment or instrument whatever passed or made after commencement—
In any enactment or instrument whatever passed or made before commencement—
“citizen of the United Kingdom and Colonies”—
in relation to any time before commencement, means a person who under the 1948 Act was at that time a citizen of the United Kingdom and Colonies;
in relation to any time after commencement, means a person who under the British Nationality Acts 1981 and 1983or the British Overseas Territories Act 2002 is a British citizen, a British overseas territories citizen or a British Overseas citizen or who under the Hong Kong (British Nationality) Order 1986 is a British National (Overseas);
any reference to ceasing to be a citizen of the United Kingdom and Colonies shall, in relation to any time after commencement, be construed as a reference to becoming a person who is neither a British citizen nor a British overseas territories citizennor a British National (Overseas) nor a British Overseas citizen;
any reference to a person who is a British subject (or a British subject without citizenship) by virtue of section 2, 13, or 16 of the 1948 Act or by virtue of, or of section 1 of, the British Nationality Act 1965 shall, in relation to any time after commencement, be construed as a reference to a person who under this Act is a British subject.
In any statutory provision, whether passed or made before or after commencement, and in any other instrument whatever made after commencement “alien”, in relation to any time after commencement, means a person who is neither a Commonwealth citizen nor a British protected person nor a citizen of the Republic of Ireland.
The preceding provisions of this section—
shall not apply in cases where the context otherwise requires; and
shall not apply to this Act or to any instrument made under this Act.
In any enactment or instrument whatever passed or made before commencement, for any reference to section 1(3) of the 1948 Act (list of countries whose citizens are Commonwealth citizens under that Act) there shall be substituted a reference to Schedule 3 to this Act, unless the context makes that substitution inappropriate.
Subject to subsection (3), Her Majesty may by Order in Council make such consequential modifications of— as appear to Her necessary or expedient for preserving after commencement the substantive effect of that enactment, provision or instrument.
any enactment of the Parliament of the United Kingdom passed before commencement;
any provision contained in any Northern Ireland legislation passed or made before commencement; or
any instrument made before commencement under any such enactment or provision,
Subsection (2) shall not apply in relation to—
the Immigration Act 1971; or
any provision of this Act not contained in Schedule 7.
Any Order in Council made under subsection (2) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Any provision made by Order in Council under subsection (2) after commencement may be made with retrospective effect as from commencement or any later date.
The enactments specified in Schedule 7 shall have effect subject to the amendments there specified, being amendments consequential on the provisions of this Act.
This Act shall have effect subject to the transitional provisions contained in Schedule 8.
The enactments mentioned in Schedule 9 are hereby repealed to the extent specified in the third column of that Schedule.
Without prejudice to section 51, nothing in this Act affects the operation, in relation to any time before commencement, of any statutory provision passed or made before commencement.
Nothing in this Act shall be taken as prejudicing the operation of sections 16 and 17 of the Interpretation Act 1978 (which relate to the effect of repeals).
In this section “modifications” includes additions, omissions and alterations.
This Act may be cited as the British Nationality Act 1981.
This Act, except the provisions mentioned in subsection (3), shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and references to the commencement of this Act shall be construed as references to the beginning of that day.
Section 49 and this section shall come into force on the passing of this Act.
This Act extends to Northern Ireland.
The provisions of this Act, except those mentioned in subsection (7), extend to the Islands and all British overseas territories ; and section 36 of the Immigration Act 1971 (power to extend provisions of that Act to Islands) shall apply to the said excepted provisions as if they were provisions of that Act.
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The provisions referred to in subsections (5) . . . are—
section 39 and Schedule 4;
section 52(7) and Schedule 8 so far as they relate to the Immigration Act 1971; and
section 52(8) and Schedule 9 so far as they relate to provisions of the Immigration Act 1971 other than Schedule 1.
This section applies for the construction of a reference to being in the United Kingdom “in breach of the immigration laws” in—
section 4(2) or (4);
section 4AA(2)(c);
section 50(5); or
Schedule 1.
It applies only for the purpose of determining on or after the relevant day—
whether a person born on or after the relevant day is a British citizen under section 1(1),
whether, on an application under section 1(3) , 4(2) or 4AA made on or after the relevant day, a person is entitled to be registered as a British citizen, or
whether, on an application under section 6(1) or (2) made on or after the relevant day, the applicant fulfils the requirements of Schedule 1 for naturalisation as a British citizen under section 6(1) or (2).
But that is subject to section 48(3)(d) and (4) of the Borders, Citizenship and Immigration Act 2009 (saving in relation to section 11 of the Nationality, Immigration and Asylum Act 2002).
A person is in the United Kingdom in breach of the immigration laws if (and only if) the person—
is in the United Kingdom;
does not have the right of abode in the United Kingdom within the meaning of section 2 of the Immigration Act 1971;
is not an Irish citizen who does not require leave to enter or remain in the United Kingdom (see section 3ZA of the Immigration Act 1971);
does not have leave to enter or remain in the United Kingdom (whether or not the person previously had leave);
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is not entitled to enter and remain in the United Kingdom by virtue of section 8(1) of the Immigration Act 1971 (crew) (whether or not the person was previously entitled); and
does not have the benefit of an exemption under section 8(2) to (4) of that Act (diplomats, soldiers and other special cases) (whether or not the person previously had the benefit of an exemption).
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Section 11(1) of the Immigration Act 1971 (person deemed not to be in the United Kingdom before disembarkation, while in controlled area or while under immigration control) applies for the purposes of this section as it applies for the purposes of that Act.
This section is without prejudice to the generality of—
a reference to being in a place outside the United Kingdom in breach of immigration laws, and
a reference in a provision other than one specified in subsection (1) to being in the United Kingdom in breach of immigration laws.
The relevant day for the purposes of subsection (2) is the day appointed for the commencement of section 48 of the Borders, Citizenship and Immigration Act 2009 (which inserted this section).
A person exercising a freedom of movement right at any time falling within the remedial period is treated for the purposes of this Act as not subject at that time under the immigration laws to any restriction on the period for which they may remain in the United Kingdom.
In this section—
Section 40(5E)
If the Secretary of State proposes to make a conducive grounds deprivation order without notice, the Secretary of State may apply to the Special Immigration Appeals Commission under this paragraph. If the Secretary of State makes a conducive grounds deprivation order without notice, the Secretary of State must apply to the Special Immigration Appeals Commission under this paragraph within the period of seven days beginning with the day on which the order is made (unless an application has already been made under sub-paragraph (1)). The function of the Commission on an application under this paragraph is to determine whether, in respect of each condition in section 40(5A) on which the Secretary of State relies, the Secretary of State’s view is obviously flawed. In determining that question, the Commission must apply the principles that would be applicable on an application for judicial review. If the Commission determines that the Secretary of State’s view is obviously flawed in respect of each condition in section 40(5A) on which the Secretary of State relies— The Secretary of State may (at any time) make an application to the Special Immigration Appeals Commission for fresh consideration of a decision the Secretary of State has made under section 40(5A) where— Sub-paragraphs (3) to (5) apply to an application under this sub-paragraph.
Sub-paragraphs (2) to (5) apply if— The Secretary of State must, at least once in every review period, review the circumstances of the person in respect of whom the order was made (so far as known) and decide whether to give late notice in respect of the order. On such a review, the Secretary of State must decide to give late notice to the person unless it appears to the Secretary of State that any of the conditions in section 40(5A) is met (reading any reference in those provisions to notice under section 40(5) as a reference to late notice). If the Secretary of State decides at any point to give late notice in respect of the order— If on the expiry of the final review period the Secretary of State has not given, or has not decided to give, late notice in respect of the order, the Secretary of State must make an application to the Special Immigration Appeals Commission within the period of seven days beginning with the day after the final day of that review period. Sub-paragraphs (3) to (6) of paragraph 1 (except sub-paragraph (5)(a)) apply for the purposes of an application under sub-paragraph (5) as they apply for the purposes of an application under that paragraph. For the purposes of this paragraph, each of the following is a “review period”—
In this Schedule, references to making a conducive grounds deprivation order without notice are to making an order under section 40(2) without giving notice under subsection (5) of that section (in reliance on subsection (5A) of that section). In this Schedule, “late notice”, in respect of an order under section 40(5), means written notice to the person in respect of whom the order was made specifying—