British Nationality Act 1981

“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,[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,[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.”

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

In Part III of the Schedule (interpretation), in paragraph 14, for “subsection (3) of section one of that Act” 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 ”.

Acquisition by registration: minors.

Deprivation of citizenship: appeal

Antigua and Barbuda

Canada

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 overseas territories citizen”

“a British Overseas citizen”

“a British subject”.

Mauritius

Anguilla

Bermuda

British Antarctic Territory

British Indian Ocean Territory

Cayman Islands

Falkland Islands ...

Gibraltar

...

Montserrat

Pitcairn, Henderson, Ducie and Oeno Islands

...

St. Helena and Dependencies

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.

In section 3, the words from “That after the said limitation shall take effect” to “in trust for him” (which impose certain disqualifications) shall not apply to Commonwealth citizens or citizens of the Republic of Ireland.

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 ”.

“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.”

In section 3, the words from “That after the said limitation shall take effect” to “in trust for him” (which impose certain disqualifications) shall not apply to Commonwealth citizens or citizens of the Republic of Ireland.

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

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

In Part III of the Schedule (interpretation), in paragraph 14, for “subsection (3) of section one of that Act” substitute “ Schedule 3 to the British Nationality Act 1981 ”.

. . .

In section 47(2) (nationality enactments)—

In section 41(2) (nationality enactments)—

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

Antigua and Barbuda

“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.”

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 ”.

. . .

1

The form of citizenship oath and pledge is as follows for registration of or naturalisation as a British citizen—

Oath

Pledge

2

The form of citizenship oath and pledge is as follows for registration of or naturalisation as a British overseas territories citizen—

Oath

Pledge

3

The form of citizenship oath is as follows for registration of a British Overseas citizen—

4

The form of citizenship oath is as follows for registration of a British subject—

Bermuda

“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.”

In section 4(3) (enactments excluded from power to apply statutory provisions to Tanzania), for “the British Nationality Acts” substitute “ the British Nationality Act 1981 ”.

. . .

Australia

Antigua and Barbuda

“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.”

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 ”.

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 ”.

. . .

Acquisition by registration: children of members of the armed forces

Antigua and Barbuda

“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.”

In Part III of the Schedule (interpretation), in paragraph 14, for “subsection (3) of section one of that Act” substitute “ Schedule 3 to the British Nationality Act 1981 ”.

In Part III of the Schedule (interpretation), in paragraph 14, for “subsection (3) of section one of that Act” 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 ”.

In section 4(3) (enactments excluded from power to apply statutory provisions to Tanzania), for “the British Nationality Acts” substitute “ the British Nationality Act 1981 ”.

. . .

Commonwealth citizenship.

Cameroon

“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.”

In section 4(3) (enactments excluded from power to apply statutory provisions to Tanzania), for “the British Nationality Acts” substitute “ the British Nationality Act 1981 ”.

. . .

Deprivation of citizenship.

Australia

In section 4(3) (enactments excluded from power to apply statutory provisions to Tanzania), for “the British Nationality Acts” substitute “ the British Nationality Act 1981 ”.

. . .

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

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

Meaning of certain expressions relating to nationality in other Acts and instruments.

Canada

Anguilla

Meaning of certain expressions relating to nationality in other Acts and instruments.

Mauritius

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. ”.

In Part III of the Schedule (interpretation), in paragraph 14, for “subsection (3) of section one of that Act” substitute “ Schedule 3 to the British Nationality Act 1981 ”.

Registration and naturalisation: citizenship ceremony, oath and pledge

Registration and naturalisation: timing

Meaning of references to being in breach of immigration laws

Meaning of certain expressions relating to nationality in other Acts and instruments.

Australia

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. ”.

In section 4(3) (enactments excluded from power to apply statutory provisions to Tanzania), for “the British Nationality Acts” substitute “ the British Nationality Act 1981 ”.

. . .

4E

For the purposes of sections 4F to 4I, a person (“P”) meets the general conditions if—

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

• (b) at the time of P's birth, P's mother—

• (i) was not married, or

• (ii) was married to a person other than P's natural father;

• (c) 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;

• (ca) no person is treated as a parent of P under section 42 or 43 of the Human Fertilisation and Embryology Act 2008; and

• (d) P has never been a British citizen.

4F

• (1) A person (“P”) is entitled to be registered as a British citizen on an application made under this section if—

• (a) P meets the general conditions; and

• (b) P would be entitled to be registered as a British citizen under—

• (i) section 1(3),

• (ii) section 3(2),

• (iii) section 3(5),

• (iiia) section 4D,

• (iv) paragraph 4 of Schedule 2, or

• (v) paragraph 5 of Schedule 2,

had P's mother been married to P's natural father at the time of P's birth.

• (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)).

• (3) 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.

• (4) 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.

• (5) For that purpose, the “parental consents” are—

• (a) the consent of P's natural father, and

• (b) the consent of P's mother,

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.

4G

• (1) A person (“P”) is entitled to be registered as a British citizen on an application made under this section if—

• (a) P meets the general conditions; and

• (b) 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.

• (2) 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.

• (3) 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.

• (4) 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.

• (5) 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.

• (6) 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).

4H

• (1) A person (“P”) is entitled to be registered as a British citizen on an application made under this section if—

• (a) P meets the general conditions;

• (b) P was a citizen of the United Kingdom and Colonies immediately before commencement; and

• (c) 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.

• (2) 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.

4I

• (1) A person (“P”) is entitled to be registered as a British citizen on an application made under this section if—

• (a) P meets the general conditions;

• (b) P is either—

• (i) an eligible former British national, or

• (ii) an eligible non-British national; and

• (c) had P's mother been married to P's natural father at the time of P's birth, P—

• (i) would have been a citizen of the United Kingdom and Colonies immediately before commencement, and

• (ii) would have automatically become a British citizen at commencement by the operation of any provision of this Act.

• (1A) 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.

• (2) P is an “eligible former British national” if P was not a citizen of the United Kingdom and Colonies immediately before commencement and either—

• (a) 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

• (b) 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.

• (3) P is an “eligible non-British national” if—

• (a) P was never a British subject or citizen of the United Kingdom and Colonies; and

• (b) 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—

• (i) at birth, or

• (ii) 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).

• (4) 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.

• (5) 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—

• (a) renounced or been deprived of any notional British nationality, or

• (b) lost any notional British nationality by virtue of P acquiring the nationality of a country or territory outside the United Kingdom.

• (6) A “notional British nationality” is—

• (a) 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);

• (b) in a case where P is an eligible non-British national—

• (i) P's status as a British subject or citizen of the United Kingdom and Colonies mentioned in subsection (3)(b), and

• (ii) 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).

• (7) 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, ordealing 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)), ornot becoming a citizen of the United Kingdom and Colonies (as mentioned in subsection (2)(b)).

4J

• (1) 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).

• (2) 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).

• (3) The following provisions apply for the purposes of sections 4E to 4I.

• (4) 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—

• (a) the person to be registered as such a citizen by the Secretary of State or any other minister of the Crown;

• (b) the birth of the person to be registered by a diplomatic or consular representative of the United Kingdom; or

• (c) the person to be naturalised as such a citizen.

• (5) 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.

Deprivation of citizenship: appeal

Regulations and Orders in Council.

40B

• (1) 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—

• (a) the initial one year period;

• (b) each subsequent three year period.

• (2) 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).

• (3) A review must be completed as soon as practicable after the end of the period to which the review relates.

• (4) As soon as practicable after a person has carried out a review in relation to a particular period, the person must—

• (a) produce a report of the outcome of the review, and

• (b) send a copy of the report to the Secretary of State.

• (5) The Secretary of State must lay before each House of Parliament a copy of each report sent under subsection (4)(b).

• (6) 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.

• (7) The Secretary of State may—

• (a) make such payments as the Secretary of State thinks appropriate in connection with the carrying out of a review, and

• (b) 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).

• (8) In this section—

• “initial one year period” means the period of one year beginning with the day when section 40(4A) comes into force;

• “subsequent three year period” means a period of three years beginning with the first day after the most recent of—the initial one year period, orthe most recent subsequent three year period.

Registration and naturalisation: citizenship ceremony, oath and pledge

Registration and naturalisation: fee

Registration and naturalisation: fee

Meaning of references to being in breach of immigration laws

Immigration restrictions to be disregarded in certain cases

Cameroon

Cameroon

Malta

Bermuda

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 ”.

In Part III of the Schedule (interpretation), in paragraph 14, for “subsection (3) of section one of that Act” substitute “ Schedule 3 to the British Nationality Act 1981 ”.

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 ”.

In section 3 (limitation of criminal liability of citizens of certain countries), after subsection (3) insert—

In section 3 (limitation of criminal liability of citizens of certain countries), after subsection (3) insert—

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. ”.

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 ”.

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 ”.

. . .

. . .

“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.”

“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.”

Bermuda

In Part III of the Schedule (interpretation), in paragraph 14, for “subsection (3) of section one of that Act” substitute “ Schedule 3 to 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. ”.

In Part III of the Schedule (interpretation), in paragraph 14, for “subsection (3) of section one of that Act” substitute “ Schedule 3 to 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. ”.

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 ”.

In section 4(3) (enactments excluded from power to apply statutory provisions to Tanzania), for “the British Nationality Acts” substitute “ the British Nationality Act 1981 ”.

. . .

10A

• (1) 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.

• (2) 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”).

• (3) Condition 1 is that, on or after 1st July 2021, P is granted—

• (a) UK related indefinite leave under paragraph EU2 of Appendix EU to the UK immigration rules;

• (b) Isle of Man related indefinite leave under paragraph EU2 of Appendix EU to the Isle of Man immigration rules,

4K

• (1) A person is entitled to be registered as a British citizen on an application made under this section if—

• (a) they are entitled to be registered as a British overseas territories citizen under section 17A, 17C, 17D, 17E, 17F or 17H, or

• (b) 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.

• (2) Subsection (1) does not apply in the case of a person—

• (a) 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

• (b) who has previously been a British citizen.

• (3) 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.

4L

• (1) 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—

• (a) historical legislative unfairness,

• (b) an act or omission of a public authority, or

• (c) exceptional circumstances relating to P.

• (2) 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—

• (a) treated males and females equally,

• (b) treated children of unmarried couples in the same way as children of married couples, or

• (c) 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.

• (3) 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.

• (4) 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.

17A

• (1) 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.

• (2) The first condition is that—

• (a) P would have become a citizen of the United Kingdom and Colonies under any of the following provisions of the British Nationality Act 1948—

• (i) section 5 (person born on or after 1 January 1949: citizenship by descent);

• (ii) section 12(2) (person born before 1 January 1949: citizenship by descent);

• (iii) section 12(3) (person born before 1 January 1949 in British protectorate etc);

• (iv) section 12(4) (person born before January 1949 not becoming citizen of other country);

• (v) 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);

• (vi) paragraph 3 of Schedule 3 (person born on or after 1 January 1949 to a British subject without citizenship);

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

• (b) 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.

• (3) In subsection (2)—

• “relevant previous provision” means a provision of the law that was in force at some time before 1 January 1949 which provided for a nationality status to be transmitted from a parent to a child without the need for an application to be made for the child to be registered as a person with that nationality status;

• “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, ordealing with nationality, or any other ancillary matters, in connection with a country or territory becoming independent from the United Kingdom.

• (4) 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.

• (5) 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).

• (6) 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.

17B

For the purposes of sections 17C to 17F, a person (“P”) meets the general conditions if—

• (a) at the time of P’s birth, P’s mother—

• (i) was not married, or

• (ii) was married to a person other than P’s natural father;

• (b) no person is treated as the father of P under—

• (i) section 28 of the Human Fertilisation and Embryology Act 1990, or

• (ii) section 35 or 36 of the Human Fertilisation and Embryology Act 2008;

• (c) no person is treated as a parent of P under section 42 or 43 of the Human Fertilisation and Embryology Act 2008; and

• (d) P has never been a British overseas territories citizen or a British Dependent Territories citizen.

17C

• (1) A person (“P”) is entitled to be registered as a British overseas territories citizen on an application made under this section if—

• (a) P meets the general conditions; and

• (b) P would be entitled to be registered as a British overseas territories citizen under—

• (i) section 15(3),

• (ii) section 17(2),

• (iii) section 17(5),

• (iv) paragraph 4 of Schedule 2, or

• (v) paragraph 5 of Schedule 2,

had P’s mother been married to P’s natural father at the time of P’s birth.

• (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)).

• (3) 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.

• (4) 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.

• (5) For that purpose, the “parental consents” are—

• (a) the consent of P’s natural father, and

• (b) the consent of P’s mother,

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.

17D

• (1) A person (“P”) is entitled to be registered as a British overseas territories citizen on an application made under this section if—

• (a) P meets the general conditions;

• (b) 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—

• (i) section 15(1),

• (ii) section 16, or

• (iii) paragraph 1 of Schedule 2,

had P’s mother been married to P’s natural father at the time of P’s birth; and

• (c) 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.

• (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 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.

• (3) 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.

• (4) 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.

• (5) 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.

• (6) 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).

17E

• (1) A person (“P”) is entitled to be registered as a British overseas territories citizen on an application made under this section if—

• (a) P meets the general conditions;

• (b) P—

• (i) was a citizen of the United Kingdom and Colonies immediately before commencement, or

• (ii) would have become such a citizen as mentioned in section 17A(2)(a), or

• (iii) would have been such a citizen immediately before commencement as mentioned in section 17A(2)(b);

• (c) 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

• (d) P would then have automatically become a British overseas territories citizen by the operation of section 2 of the British Overseas Territories Act 2002.

• (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 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.

17F

• (1) A person (“P”) is entitled to be registered as a British overseas territories citizen on an application made under this section if—

• (a) P meets the general conditions;

• (b) P is either—

• (i) an eligible former British national, or

• (ii) an eligible non-British national; and

• (c) had P’s mother been married to P’s natural father at the time of P’s birth, P—

• (i) would have been a citizen of the United Kingdom and Colonies immediately before commencement,

• (ii) would have automatically become a British Dependent Territories citizen at commencement by the operation of section 23, and

• (iii) would have automatically become a British overseas territories citizen by the operation of section 2 of the British Overseas Territories Act 2002.

• (2) 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.

• (3) P is an “eligible former British national” if P was not a citizen of the United Kingdom and Colonies immediately before commencement and either—

• (a) 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

• (b) 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.

• (4) P is an “eligible non-British national” if—

• (a) P was never a British subject or citizen of the United Kingdom and Colonies; and

• (b) 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—

• (i) at birth, or

• (ii) 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).

• (5) 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.

• (6) 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—

• (a) renounced or been deprived of any notional British nationality, or

• (b) lost any notional British nationality by virtue of P acquiring the nationality of a country or territory outside the United Kingdom.

• (7) A “notional British nationality” is—

• (a) 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);

• (b) in a case where P is an eligible non-British national—

• (i) P’s status as a British subject or citizen of the United Kingdom and Colonies as mentioned in subsection (4)(b), and

• (ii) 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).

• (8) 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, ordealing 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 (3)(a)), ornot becoming a citizen of the United Kingdom and Colonies (as mentioned in subsection (3)(b)).

17G

• (1) 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).

• (2) 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).

• (3) The following provisions apply for the purposes of sections 17B to 17F.

• (4) 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—

• (a) the person to be registered as such a citizen by the Secretary of State or any other minister of the Crown;

• (b) the birth of the person to be registered by a diplomatic or consular representative of the United Kingdom; or

• (c) the person to be naturalised as such a citizen.

• (5) 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.

17H

• (1) A person is entitled to be registered as a British overseas territories citizen on an application made under this section if—

• (a) 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

• (b) they have never been a British overseas territories citizen or a British Dependent Territories citizen.

• (2) An application under this section must be made—

• (a) 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;