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The British Nationality (General) Regulations 2003

Type Statutory-Instrument

Publication 2003-03-06

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

Reform history JSON API PDF

Made: 6th March 2003

Laid before Parliament: 11th March 2003

Coming into force: 1st April 2003

In exercise of the powers conferred upon him by section 41(1) and (3) of the British Nationality Act 1981 , the Secretary of State hereby makes the following Regulations:

PART I — GENERAL

Citation and commencement

1

These Regulations may be cited as the British Nationality (General) Regulations 2003 and shall come into force on 1st April 2003.

Interpretation

2

(1) In these Regulations, the following expressions have the meanings hereby assigned to them, that is to say—

“the Act” means the British Nationality Act 1981;

“applicant” in relation to an application made on behalf of a person not of full age or capacity means that person;

“High Commissioner” means, in relation to a country mentioned in Schedule 3 to the Act , the High Commissioner for Her Majesty’s Government in the United Kingdom appointed to that country, and includes the acting High Commissioner.

“immigration rules” means rules made under section 3(2) of the Immigration Act 1971;

(2) In the application of the provisions of regulation 6(2), 6(3), 6A(1), (3) and (5), paragraph 3 of Schedule 3 ... where a function of the Secretary of State under the Act is exercised by the Lieutenant-Governor of any of the Islands by virtue of arrangements made under section 43(1) of the Act , any reference in those provisions to the Secretary of State shall be construed as a reference to the Lieutenant-Governor.

PART II — REGISTRATION AND NATURALISATION

Applications

3

Any application for registration as a British citizen, British Overseas citizen or British subject or for a certificate of naturalisation as a British citizen shall—

(a) be made to the appropriate authority specified in regulation 4; and

(b) satisfy the requirements of Part 1 of Schedule 1 and any applicable requirements of Part II or III of Schedule 1 and such further requirements, if any, as are specified in relation thereto in Schedule 2.

Authority to whom application is to be made

4

(1) Except as provided by paragraphs (2) and (3), the authority to whom an application is to be made is as follows:

(a) if the applicant is in Great Britain or Northern Ireland, to the Secretary of State at the Home Office;

(b) if the applicant is in any of the Islands, to the Lieutenant-Governor;

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

(e) if the applicant is elsewhere, to the Secretary of State at the Home Office.

(2) The authority to whom an application under section 4(5) of the Act (acquisition by registration: British overseas territories citizens, etc), on grounds of Crown Service under the government of a British overseas territory or service as a member of a body established by law in a British overseas territory, is to be made is in all cases the Governor of that territory.

(3) The authority to whom an application under section 5 of the Act (acquisition by registration: British overseas territories citizens having connection with Gibraltar) is to be made is in all cases the Governor of Gibraltar.

Persons not of full age or capacity

5

An application may be made on behalf of someone not of full age or capacity by his father or mother or any person who has assumed responsibility for his welfare.

Oaths of allegiance

6

(1) Where a citizenship oath or pledge is required by section 42 of the Act to be made by an applicant for registration or for a certificate of naturalisation, it shall be administered in accordance with the requirements of Schedule 3.

(2) If, on an application for registration or for a certificate of naturalisation by an applicant who is required to make a citizenship oath or pledge, the Secretary of State decides that the registration should be effected or the certificate should be granted, he shall cause notice in writing of the decision to be given to the applicant.

(3) The requirement to make a citizenship oath or pledge shall be satisfied within three months of the giving of the notice referred to in paragraph (2) or such longer time as the Secretary of State may allow.

(4) Any notice required by paragraph (2) to be given to an applicant may be given—

(a) in any case where the applicant’s whereabouts are known, by causing the notice to be delivered to him personally or by sending it to him by post;

(b) in a case where the applicant’s whereabouts are not known, by sending it by post in a letter addressed to him at his last known address.

(5) In this regulation, references to the requirement to make a citizenship oath or pledge include the requirement to make a citizenship oath and pledge at a citizenship ceremony.

Certificates of naturalisation

7

A certificate of naturalisation shall include the following information relating to the person to whom the certificate is being granted—

(a) full name;

(b) date of birth; and

PART III — RENUNCIATION AND DEPRIVATION

Declarations of renunciation

8

Any declaration of renunciation of British citizenship, British Overseas citizenship or the status of a British subject shall—

(a) be made to the appropriate authority specified in regulation 9; and

(b) satisfy the requirements of Schedule 5.

Authority to whom declaration of renunciation is to be made

9

The authority to whom a declaration of renunciation is to be made is as follows:

(a) if the declarant is in Great Britain or Northern Ireland, to the Secretary of State at the Home Office;

(b) if the declarant is in any of the Islands, to the Lieutenant-Governor;

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

(e) if the declarant is elsewhere, to the Secretary of State at the Home Office.

Notice of proposed deprivation of citizenship

10

(1) Where it is proposed to make an order under section 40 of the Act depriving a person of a citizenship status, the notice required by section 40(5) of the Act to be given to the person may be—

(a) given to the person by hand;

(b) sent by fax;

(d) sent by courier;

(e) sent by document exchange;

(f) sent by post, whether or not delivery or receipt is recorded; or

(g) sent by any of the means set out at (b) to (f) to—

(i) the person’s representative; or

(ii) if the person is under 18, their parent or guardian.

(2) Where the notice is sent under paragraph (1)(b), it must be sent to a number provided by the person or the person’s representative.

(3) Where the notice is sent under any one or more of paragraphs (1)(c) to (g), it must be sent—

(a) to the address for correspondence provided by the person or the person’s representative; or

(b) where no such address has been provided, the person’s last known address or the address of their representative.

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

(5) A notice required to be given by section 40(5) of the Act is, unless the contrary is proved, deemed to have been given—

(a) where the notice is sent by fax, when it is sent;

(b) where the notice is sent by email, when it is sent;

(d) where the notice is sent by post from and to a place within the United Kingdom, on the second day after the day on which it is sent;

(e) where the notice is sent by post from or to a place outside the United Kingdom, on the twenty-eighth day after the day on which it is sent;

(f) where the notice is sent by post where delivery or receipt is recorded, when the notice is recorded as having been delivered or received;

(g) in any other case on the day on which the notice is delivered.

(6) In this regulation “representative” is a person who appears to the Secretary of State to be representing the person to whom the notice under section 40(5) of the Act is required to be given, and, where the notice is sent to the person’s representative by any of the means set out in paragraph (1), it is deemed to have been served on the person in accordance with that section.

(7) In this regulation—

“document exchange” means a document exchange providing a system of delivery of documents by reference to numbered boxes at document exchanges; and

“fax” means the making of a facsimile copy of a document by the transmission of electronic signals.

Cancellation of registration of person deprived of citizenship

11

Where an order has been made depriving a person who has a citizenship status by virtue of registration (whether under the Act or under the former nationality Acts) of that citizenship status, the name of that person shall be removed from the relevant register.

Cancellation of certificate of naturalisation in case of deprivation of citizenship

12

Where an order has been made depriving a person who has a citizenship status by virtue of the grant of a certificate of naturalisation (whether under the Act or under the former nationality Acts) of that citizenship status, the person so deprived or any other person in possession of the relevant certificate of naturalisation shall, if required by notice in writing given by the authority by whom the order was made, deliver up the said certificate to such person, and within such time, as may be specified in the notice; and the said certificate shall thereupon be cancelled or amended.

PART IV — SUPPLEMENTAL

Evidence

13

A document may be certified to be a true copy of a document for the purpose of section 45(2) of the Act by means of a statement in writing to that effect signed by a person authorised by the Secretary of State, the Lieutenant-Governor, the High Commissioner or the Governor in that behalf.

Manner of signifying parental consent to registration

14

Where a parent, in pursuance of section 3(5)(c) or 4D(3) or 4G(3) of the Act, consents to the registration of a person as a British citizen under subsection 3(5) or section 4D or 4G, the consent shall be expressed in writing and signed by the parent.

Revocation

15

The British Nationality (General) Regulations 1982 are hereby revoked.

SCHEDULE 1 — GENERAL REQUIREMENTS AS RESPECTS APPLICATIONS

PART I — All applications

1

An application shall be made in writing and shall state the name, address and date and place of birth of the applicant.

2

An application shall contain a declaration that the particulars stated therein are true.

PART II — Applications by persons not of full age or capacity

3

An application in respect of someone not of full age or capacity made by another person on his behalf shall state that that is the case and the name and address of that person.

4

An application made by a person on behalf of someone not of full age or capacity shall indicate the nature of that person’s connection with him and, if that person has any responsibility for him otherwise than as a parent, the nature of that responsibility and the manner in which it was assumed.

SCHEDULE 2 — PARTICULAR REQUIREMENTS AS RESPECTS APPLICATIONS

Application under section 1(3) of the Act

1

An application under section 1(3) of the Act shall contain information showing:

(a) that the applicant’s father or mother became a British citizen, or became settled in the United Kingdom, after the applicant’s birth; and

(b) where the applicant is aged 10 or over, that he is of good character.

Application under section 1(4) of the Act

2

An application under section 1(4) of the Act shall contain information showing:

(a) that the applicant possesses the requisite qualifications in respect of residence; and

(b) where the applicant is aged 10 or over, that he is of good character.

3

If the applicant was absent from the United Kingdom on more than 90 days in all in any one of the first 10 years of his life and it is desired that the application should nevertheless be considered under section 1(7) of the Act, it shall specify the special circumstances to be taken into consideration.

Application under section 3(2) of the Act

4

An application under section 3(2) of the Act shall contain information showing—

(a) that the applicant’s father or mother (“the parent in question”) was a British citizen by descent at the time of the applicant’s birth;

(b) that the father or mother of the parent in question—

(i) was a British citizen otherwise than by descent at the time of the birth of the parent in question; or

(ii) became a British citizen otherwise than by descent at commencement; or

(iii) would have become a British citizen otherwise than by descent at commencement but for his or her death;

(i) that the parent in question possesses the requisite qualifications in respect of residence; or

(ii) that the applicant was born stateless.

5

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

Application under section 3(5) of the Act

6

An application under section 3(5) of the Act shall contain information showing—

(a) that the applicant’s father or mother was a British citizen by descent at the time of the applicant’s birth;

(b) that the applicant and his father and mother possess the requisite qualifications in respect of residence;

(c) that the consent of the applicant’s father and/or mother (as required by section 3(5)(c) and (6) of the Act) has been signified in accordance with regulation 14 and, if the consent of one parent only has been signified, the reason for that fact; and

(d) where the applicant is aged 10 or over, that he is of good character.

Application under section 4(2) of the Act

7

(1) An application under section 4(2) of the Act shall contain information showing—

(a) that the applicant is a British overseas territories citizen, a British Overseas citizen, a British subject under the Act or a British protected person;

(b) that the applicant possesses the requisite qualifications in respect of residence, freedom from immigration restrictions and compliance with the immigration laws; and

(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) If the applicant does not possess the requisite qualifications in respect of residence, freedom from immigration restrictions and compliance with the immigration laws and it is desired that the application should nevertheless be considered under section 4(4) of the Act, it shall specify the special circumstances to be taken into consideration.

Application under section 4(5) of the Act

8

(1) An application under section 4(5) of the Act shall contain information showing—

(a) that the applicant is a British overseas territories citizen, a British Overseas citizen, a British subject under the Act or a British protected person;

(b) that the applicant possesses the requisite qualifications in respect of service; and

(2) The application shall specify the special circumstances to be taken into consideration.

Application under section 4A of the Act

9

An application under section 4A of the Act shall contain information showing—

(a) that the applicant is a British overseas territories citizen who is not such a citizen by virtue only of a connection with the Sovereign Base Areas of Akrotiri and Dhekelia;

(b) that the applicant has not ceased to be a British citizen as a result of a declaration of renunciation; and

Application under section 4B of the Act

10

An application under section 4B of the Act shall contain information showing—

(a) that the applicant is a British Overseas citizen, a British subject under the Act, a British protected person or a British National (Overseas) and does not have any other citizenship or nationality; and

(i) in the case of an application made by virtue of subsection (1)(a), (b) or (c), that the applicant has not, after 4th July 2002, renounced, voluntarily relinquished or lost through action or inaction, any citizenship or nationality; or

(ii) in the case of an application made by virtue of subsection (1)(d), that the applicant has not, after 19th March 2009, renounced, voluntarily relinquished or lost through action or inaction, any citizenship or nationality.

Application under section 4C of the Act

11

An application under section 4C of the Act shall contain information showing—

(a) that the applicant was born before 1st January 1983;

(b) that the applicant would at some time before 1st January 1983 have become a citizen of the United Kingdom and Colonies—

(i) under section 5 or 12(2) of, or paragraph 3 of Schedule 3 to, the British Nationality Act 1948 if (as the case may be) that section or paragraph provided for citizenship by descent from a mother in the same terms as it provided for citizenship by descent from a father and if references in that provision to a father were references to the applicant’s mother; or

(ii) under section 12(2), (3), (4) or (5) of the British Nationality Act 1948 if 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 if references in that provision to a father were references to the applicant’s mother; and

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