British Nationality Act 1981

• (b) 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.

• (3) In subsection (2), “the commencement date” means the date on which this section comes into force.

17I

• (1) 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—

• (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, 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—

• (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.

Registration and naturalisation: citizenship ceremony, oath and pledge

Meaning of references to being in breach of immigration laws

Immigration restrictions to be disregarded in certain cases

Minors aged 5 to 17 born in the United Kingdom or a British overseas territory after commencement

3A

• (1) 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) the person is and always has been stateless,

• (b) on the date of the application, the person was a minor,

• (c) the person was in the United Kingdom or a British overseas territory (no matter which) at the beginning of the period of five years ending with that date and (subject to paragraph 6) the number of days on which the person was absent from both the United Kingdom and the British overseas territories in that period does not exceed 450, and

• (d) the Secretary of State is satisfied that the person is unable to acquire another nationality in accordance with sub-paragraph (2).

• (2) A person is able to acquire a nationality in accordance with this sub-paragraph if—

• (a) the nationality is the same as that of one of the person’s parents,

• (b) the person has been entitled to acquire the nationality since birth, and

• (c) in all the circumstances, it is reasonable to expect the person (or someone acting on their behalf) to take the steps which would enable the person to acquire the nationality in question.

• (3) 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.

• (4) A person entitled to registration under this paragraph—

• (a) is to be registered as a British citizen if, in the period of five years mentioned in sub-paragraph (1), the number of days wholly or partly spent by the person in the United Kingdom exceeds the number of days wholly or partly spent by the person in the British overseas territory;

• (b) in any other case, is to be registered as a British overseas territories citizen.

Antigua and Barbuda

SCHEDULE 4A

Deprivation without notice: application to Special Immigration Appeals Commission

1

• (1) 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.

• (2) 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)).

• (3) 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.

• (4) In determining that question, the Commission must apply the principles that would be applicable on an application for judicial review.

• (5) 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—

• (a) if the order in question has not been made, section 40(5) applies in relation to the order (notwithstanding section 40(5A));

• (b) if the order has been made, the Secretary of State must, within the period of 14 days beginning with the day on which the Commission made the determination—

• (i) give late notice in respect of the order,

• (ii) revoke the order, or

• (iii) make an application under sub-paragraph (6).

• (6) 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—

• (a) in the opinion of the Secretary of State, circumstances have changed materially since the determination mentioned in sub-paragraph (5), or

• (b) the Secretary of State wishes to provide further evidence to the Commission.

Sub-paragraphs (3) to (5) apply to an application under this sub-paragraph.

2

• (1) Sub-paragraphs (2) to (5) apply if—

• (a) the Secretary of State makes a conducive grounds deprivation order without notice, and

• (b) the Special Immigration Appeals Commission has not made the determination mentioned in paragraph 1(5) (Secretary of State’s decision obviously flawed).

• (2) 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.

• (3) 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).

• (4) If the Secretary of State decides at any point to give late notice in respect of the order—

• (a) the Secretary of State must give the notice as soon as reasonably practicable, and

• (b) once the notice is given, sub-paragraph (2) ceases to apply in relation to the person.

• (5) 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.

• (6) 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.

• (7) For the purposes of this paragraph, each of the following is a “review period”—

• (a) the period of four months beginning with the day after the day on which the Special Immigration Appeals Commission first determined an application in relation to the order under paragraph 1, and

• (b) each of the next five successive periods of four months.

3

• (1) 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).

• (2) 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—

• (a) that the Secretary of State has made the order,

• (b) the reasons for the order, and

• (c) the person’s right of appeal under section 40A(1) or under section 2B of the Special Immigration Appeals Commission Act 1997.

“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 ”.

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 ”.

. . .

4AA

• (1) An Irish citizen is entitled to be registered as a British citizen if—

• (a) an application for their registration is made under this section, and

• (b) they satisfy the requirements specified in subsection (2).

• (2) The requirements are that—

• (a) the person was in the United Kingdom at the beginning of the period of five years ending with the date of their application;

• (b) the person was absent from the United Kingdom for—

• (i) no more than 450 days in the period of five years ending with the date of their application, and

• (ii) no more than 90 days in the period of 12 months ending with the date of their application; and

• (c) 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.

• (3) 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.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulations and Orders in Council.

Registration: requirement to be of good character

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

Canada

Deprivation of citizenship without notice: review

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