British Nationality Act 1981

• (a) depends, amongst other things, on the nationality status of one or both of P's parents, and

• (b) does not depend upon an application being made for P's registration as a person who has the status in question.

• (3D) 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.

• (4) 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.

• (5) 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—

• (a) section 12(2), (4) or (6) only of the 1948 Act,

• (b) section 13(2) of that Act,

• (c) paragraph 3 of Schedule 3 to that Act, or

• (d) section 1(1)(a) or (c) of the British Nationality (No. 2) Act 1964.

4D

• (1) 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—

• (a) an application is made for P's registration under this section; and

• (b) each of the following conditions is satisfied.

• (2) The first condition is that, at the time of P's birth, P's father or mother was—

• (a) a member of the armed forces; and

• (b) serving outside the United Kingdom and the qualifying territories.

• (3) 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.

• (4) 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.

• (5) The Secretary of State may, in the special circumstances of a particular case, waive the need for the second condition to be satisfied.

• (6) 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).

Provisions for reducing statelessness.

40A

• (1) A person—

• (a) who is given notice under section 40(5) of a decision to make an order in respect of the person under section 40, or

• (b) 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,

may appeal against the decision to the First-tier Tribunal.

• (2) 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—

• (a) in the interests of national security,

• (b) in the interests of the relationship between the United Kingdom and another country, or

• (c) otherwise in the public interest.

• (2A) 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).

• (2B) Where—

• (a) an order under section 40 is made in respect of a person, and

• (b) 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 order continues to have effect during the appeal period.

• (2C) The appeal period is the period—

• (a) beginning with—

• (i) the day on which the person appeals against the decision, or

• (ii) if the order is made after that day, the day on which the order is made, and

• (b) ending with the day on which the appeal is finally determined, withdrawn or abandoned.

• (2D) 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).

• (3) 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—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) section 106 (rules), . . .

• (d) section 107 (practice directions), and

• (e) section 108 (forged document: proceedings in private).

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

41A

• (1) 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.

• (1A) 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.

• (2) 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.

• (2A) 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.

• (2B) 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).

• (2C) The application must not be granted unless the Secretary of State is satisfied that the adult or young person is of good character.

• (3) 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.

• (4) 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.

• (5) 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.

42A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

42B

• (1) 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—

• (a) immediately on making the required citizenship oath and pledge in accordance with section 42, or

• (b) where the requirement for an oath and pledge is disapplied, immediately on registration.

• (2) A person granted a certificate of naturalisation under this Act as a citizen of any description shall be treated as having become a citizen—

• (a) immediately on making the required citizenship oath and pledge in accordance with section 42, or

• (b) where the requirement for an oath and pledge is disapplied, immediately on the grant of the certificate.

• (3) 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.

44A

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.

Commonwealth citizenship.

50A

• (1) This section applies for the construction of a reference to being in the United Kingdom “in breach of the immigration laws” in—

• (a) section 4(2) or (4);

• (aa) section 4AA(2)(c);

• (b) section 50(5); or

• (c) Schedule 1.

• (2) It applies only for the purpose of determining on or after the relevant day—

• (a) whether a person born on or after the relevant day is a British citizen under section 1(1),

• (b) 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

• (c) 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).

• (3) 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).

• (4) A person is in the United Kingdom in breach of the immigration laws if (and only if) the person—

• (a) is in the United Kingdom;

• (b) does not have the right of abode in the United Kingdom within the meaning of section 2 of the Immigration Act 1971;

• (ba) 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);

• (c) does not have leave to enter or remain in the United Kingdom (whether or not the person previously had leave);

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (f) 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

• (g) 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).

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) 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.

• (7) This section is without prejudice to the generality of—

• (a) a reference to being in a place outside the United Kingdom in breach of immigration laws, and

• (b) a reference in a provision other than one specified in subsection (1) to being in the United Kingdom in breach of immigration laws.

• (8) 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).

Regulations and Orders in Council.

50B

• (1) 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.

• (2) In this section—

• “freedom of movement right” means—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, orany other enactment so far as passed or made, or operating, for a purpose mentioned in section 2(2)(a) or (b) of that Act, ora right to reside in any of the Islands that is conferred by reference to, or that otherwise corresponds to or is similar to, a right within paragraph (a);

• “the remedial period” means—where the freedom of movement right is a right to reside in Great Britain and Northern Ireland, the period beginning with 1 January 1983 and ending with 1 October 2000;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;where the freedom of movement right is a right to reside in the Bailiwick of Jersey, the period beginning with 1 January 1983 and ending with 8 February 2004;where the freedom of movement right is a right to reside in the Isle of Man, the period beginning with 1 October 1994 and ending with 1 October 2000.

2A

• (1) A person has a qualifying immigration status for the purposes of paragraph 1(2) if the person has—

• (a) qualifying temporary residence leave;

• (b) probationary citizenship leave;

• (c) permanent residence leave;

• (d) a qualifying CTA entitlement;

• (e) a Commonwealth right of abode; or

• (f) a temporary or permanent EEA entitlement.

• (2) 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.

4A

• (1) Subject to paragraph 3(5), a person has a qualifying immigration status for the purposes of paragraph 3 if the person has—

• (a) qualifying temporary residence leave based on a relevant family association;

• (b) probationary citizenship leave based on a relevant family association;

• (c) permanent residence leave based on a relevant family association;

• (d) a qualifying CTA entitlement; or

• (e) a Commonwealth right of abode.

• (2) 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.

• (3) 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—

• (a) have the same qualifying immigration status; or

• (b) (subject to paragraph 3(5)) have the same relevant family association.

• (4) 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)—

• (a) subject to paragraph 3(5), it is not necessary that the leave to which each status relates is based on the same relevant family association, and

• (b) in a case where paragraph 3(5) applies, the relationship by reference to which the persons referred to in paragraph 3(5) are partners need not be of the same description in respect of each grant of leave.

The qualifying period for naturalisation as a British citizen under section 6

4B

• (1) 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.

• (2) The length of the period is determined in accordance with the following provisions of this paragraph.

• (3) In the case of an applicant who does not meet the activity condition, the number of years in the period is—

• (a) 8, in a case within paragraph 1;

• (b) 5, in a case within paragraph 3.

• (4) In the case of an applicant who meets the activity condition, the number of years in the period is—

• (a) 6, in a case within paragraph 1;

• (b) 3, in a case within paragraph 3.

• (5) The applicant meets the activity condition if the Secretary of State is satisfied that the applicant—

• (a) has participated otherwise than for payment in prescribed activities; or

• (b) is to be treated as having so participated.

11

• (1) This paragraph applies for the purposes of this Schedule.

• (2) A person has qualifying temporary residence leave if—

• (a) the person has limited leave to enter or remain in the United Kingdom, and

• (b) the leave is granted for a purpose by reference to which a grant of probationary citizenship leave may be made.

• (3) A person has probationary citizenship leave if—

• (a) the person has limited leave to enter or remain in the United Kingdom, and

• (b) the leave is of a description identified in rules under section 3 of the Immigration Act 1971 as “probationary citizenship leave”,

and the reference in sub-paragraph (2) to a grant of probationary citizenship leave is to be construed accordingly.

• (4) A person has permanent residence leave if the person has indefinite leave to enter or remain in the United Kingdom.

• (5) A person has a qualifying CTA entitlement if the person—

• (a) is a citizen of the Republic of Ireland,

• (b) last arrived in the United Kingdom on a local journey (within the meaning of the Immigration Act 1971) from the Republic of Ireland, and

• (c) on that arrival, was a citizen of the Republic of Ireland and was entitled to enter without leave by virtue of section 1(3) of the Immigration Act 1971 (entry from the common travel area).

• (6) 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.

• (7) 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.

• (8) 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.

• (9) 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.

Australia

The form of the oath of allegiance is as shown below, with the insertion, after the words “on becoming”, of whichever of the following expressions is appropriate, namely—

“a British citizen”

“a British Dependent Territories citizen”

“a British Overseas citizen”

“a British subject”.

Canada

Anguilla

Bermuda

British Antarctic Territory

British Indian Ocean Territory

Cayman Islands

Falkland Islands and Dependencies

Gibraltar

Hong Kong

Montserrat

Pitcairn, Henderson, Ducie and Oeno Islands

. . .

St. Helena and Dependencies

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.

SUBMARINE TELEGRAPH ACT 1885 (c. 49)

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 ”.

BRITISH NATIONALITY ACT 1948 (c. 56)

“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.”

IRELAND ACT 1949 (c. 41)

1

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—

(i) section 3 of the British Nationality Act 1948 ;

2

For section 7(2) (interpretation of references to protectorates etc. by reference to the 1948 Act) substitute—

(2) In this Act “the United Kingdom” includes the Channel Islands and the Isle of Man.

DEFAMATION ACT 1952 (c. 66)

DEFAMATION ACT (NORTHERN IRELAND) 1955 (c. 11) (N.I.)

“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.”

CYPRUS ACT 1960 (c. 52)

“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.”

EMERGENCY LAWS (RE-ENACTMENTS AND REPEALS) ACT 1964 (c. 60)

In section 9 (territorial extent of Part I), in subsection (2)—

DIPLOMATIC PRIVILEGES ACT 1964 (c. 81)

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—

COMMONWEALTH SECRETARIAT ACT 1966 (c. 10)

“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.”

WEST INDIES ACT 1967 (c. 4)

1

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 ”.

2

In Schedule 3 (modifications of British Nationality Acts)—

• (a) for paragraph 4(3) substitute—

(3) 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 the Act to make arrangements for them to be exercised in a British overseas territory which is for the time being a colony by the Governor ; and subsection (4) of that section (approval of the Secretary of State) shall apply in relation to a direction under this paragraph as it applies in relation to arrangements under that section.

; and

• (b) in paragraph 6, for the words from “Section 26” to “1965)” substitute “ Section 44 of the British Nationality Act 1981 ”.

MARINE BROADCASTING (OFFENCES) ACT 1967 (c. 41)

In section 3(3) (persons prohibited from broadcasting whilst on or over high seas), for paragraphs (a) to (e) substitute—

ANTARCTIC TREATY ACT 1967 (C. 65)

In section 1(3) (person prohibited from harming Antarctic flora and fauna)—

. . . .

CONSULAR RELATIONS ACT 1968 (c. 18)

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

TANZANIA ACT 1969 (c. 29)

Bermuda

. . . .

MERCHANT SHIPPING ACT 1970 (c. 36)

1

In section 70(3) (meaning of “British seamen” in section 70), for “the British Nationality Act 1948” substitute “ the British Nationality Act 1981 ”.

2

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 the Schedule (staff of the Secretariat), in paragraphs 5(1) and 7, for “section 1(3) of the British Nationality Act 1948” substitute “ Schedule 3 to the British Nationality Act 1981 ”.

CHILDREN ACT 1975 (c. 72)

1

In Part II of Schedule 1 (adoption orders)—

• (a) in paragraph 7(2)(a), for “the British Nationality Acts 1948 to 1965” substitute “ the British Nationality Act 1981 ” ; and

• (b) in paragraph 7(2)(d), for “citizenship of the United Kingdom and Colonies” substitute “ British citizenship, British overseas territories citizenship or British Overseas citizenship. ”.

2

In Schedule 2 (status conferred in Scotland by adoption)—

• (a) in paragraph 1(4)(a), for “the British Nationality Acts 1948 to 1965” substitute “ the British Nationality Act 1981 ” ; and

• (b) in paragraph 1(4)(d), for “citizenship of the United Kingdom and Colonies” substitute “ British citizenship, British overseas territories citizenship or British Overseas citizenship. ”.

ADOPTION ACT 1976 (c. 36)

In section 47(2) (nationality enactments)—

NATIONAL HEALTH SERVICE ACT 1977 (c. 49)

In paragraph 3 of Schedule 11 (territorial extent)—

SOLOMON ISLANDS ACT 1978 (c. 15)

In section 6 (construction of nationality provisions)—

ADOPTION (SCOTLAND) ACT 1978 (c. 28)

In section 41(2) (nationality enactments)—

NATIONAL HEALTH SERVICE (SCOTLAND) ACT 1978 (c. 29)

In paragraph 3 of Schedule 10 (territorial extent)—

STATE IMMUNITY ACT 1978 (c. 33)

In section 4(5) (definition of “national of the United Kingdom”), for the words from “means” onwards substitute

Editorial notes