Functional Testing

british nationality act 1981

(1) If, on an application for naturalisation as a British citizen made by a person of full age and capacity, the Secretary of State is satisfied that the applicant fulfils the requirements of Schedule 1 for naturalisation as such a citizen under this subsection, he may, if he thinks fit, grant to him a certificate of naturalisation as such a citizen. . . (d) that he was not at any time in the period of five years so ending in the United Kingdom in breach of the immigration laws. (d) became a British subject by reason of the annexation of any territory included in that territory. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). In section 3(1)(a) (certain provisions not affected by fact that... For section 7(2) (interpretation of references to protectorates etc. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. (2) A person to whom this section applies shall be entitled, on an application for his registration as a British citizen, to be registered as such a citizen if the following requirements are satisfied in the case of that person, namely--, (a) subject to subsection (3), that he was in the United Kingdom at the beginning of the period of five years ending with the date of the application and that the number of days on which he was absent from the United Kingdom in that period does not exceed 450; and, (b) that the number of days on which he was absent from the United Kingdom in the period of twelve months so ending does not exceed 90; and, (c) that he was not at any time in the period of twelve months so ending subject under the immigration laws to any restriction on the period for which he might remain in the United Kingdom; and. A [British overseas territories citizen] [FN1] who falls to be treated as a national of the United Kingdom for the purposes of the Community Treaties shall be entitled to be registered as a British citizen if an application is made for his registration as such a citizen. 52. Dependent on the legislation item being viewed this may include: Click 'View More' or select 'More Resources' tab for additional information including: All content is available under the Open Government Licence v3.0 except where otherwise stated. No versions before this date are available. Since 1 January 1983 women have been able to pass on British citizenship to their children who were born outside the UK in the same way as men. (6) Where an order in consequence of which any person became a [British overseas territories citizen] [FN10] by virtue of subsection (5) ceases to have effect, whether on annulment or otherwise, the cesser shall not affect the status of that person as such a citizen. Registration and naturalisation: timing. 10. Continuance as British subjects of existing British subjects of certain descriptions. The qualifying period for naturalisation as a British citizen under section 6. (8) In this section and elsewhere in this Act "settled" has the meaning given by section 50[ and in this section "Convention adoption" has the same meaning as in the Adoption Act 1976 and the Adoption (Scotland) Act 1978] [FN1]. . This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. Consequential amendments, transitional provisions, repeals and savings. (1) If while a person is a minor an application is made for his registration as a British citizen, the Secretary of State may, if he thinks fit, cause him to be registered as such a citizen. Any changes that have already been made by the team appear in the content and are referenced with annotations. 5. (1) Subject to subsection (3), a person shall be entitled, on an application for his registration as a British overseas territories citizen, to be registered as such a citizen if immediately before commencement he would (had he applied for it) have been entitled under section 1(1) of the British Nationality Act 1964 (resumption of citizenship) to be registered as a citizen of the United Kingdom and Colonies by virtue of having an appropriate qualifying connection with a British overseas territory or[...] [FN1] by virtue of having been married before commencement to a person who has, or would if living have, such a connection. (4) For the purposes of this section a person shall be taken to have an appropriate qualifying connection with the United Kingdom if he, his father or his father's father--, (b) is or was a person naturalised in the United Kingdom; or. These acts shaped an increasingly restrictive immigration policy into the UK for Hong Kong residents even before the Sino-British Joint Declaration of 1984. (a) if his father or mother died, or their marriage was terminated, on or before the date of the application, or his father and mother were legally separated on that date, the references to his father and mother in paragraph (b) of that subsection shall be read either as references to his father or as references to his mother; (b) if his father or mother died on or before that date, the reference to his father and mother in paragraph (c) of that subsection shall be read as a reference to either of them; and. . The British Nationality Act 1981 received Royal Assenton 30 October 1981 and came into force on 1 January 1983. 5.Any application for a certificate of patriality under the Immigration... Appeals under Part II of Immigration Act 1971. 33. (2) If, on an application for naturalisation as a [British overseas territories citizen] [FN2] made by a person of full age and capacity who on the date of the application is married to such a citizen, the Secretary of State is satisfied that the applicant fulfils the requirements of Schedule 1 for naturalisation as such a citizen under this subsection, he may, if he thinks fit, grant to him a certificate of naturalisation as such a citizen. Meaning of British overseas territories citizen“by descent”. . (b) settled in the United Kingdom or that territory. (3) So much of subsection (2)(a) as requires the person in question to have been in the United Kingdom at the beginning of the period there mentioned shall not apply in relation to a person who was settled in the United Kingdom immediately before commencement. 3. c. (b) his renunciation of British citizenship was necessary to enable him to retain or acquire some other citizenship or nationality. Subsequently… (1) Subject to subsection (3), a person shall be entitled, on an application for his registration as a British citizen, to be registered as such a citizen if immediately before commencement he would (had he applied for it) have been entitled under section 1(1) of the British Nationality Act 1964 (resumption of citizenship) to be registered as a citizen of the United Kingdom and Colonies by virtue of having an appropriate qualifying connection with the United Kingdom or[...] [FN1] by virtue of having been married before commencement to a person who has, or would if living have, such a connection. (2) A person shall not be entitled to registration under subsection (1) on more than one occasion. (2) A person born outside the United Kingdom and the qualifying territories shall be entitled, on an application for his registration as a British citizen made within the period of twelve months from the date of birth, to be registered as such a citizen if the requirements specified in subsection (3) or, in the case of a person born stateless, the requirements specified in paragraphs (a) and (b) of that subsection, are fulfilled in the case of either that person's father or his mother ("the parent in question"). . (b) [...] [FN2]has been married to a person who has, or would if living have, such a connection. (b) he satisfies each of the following conditions. Circumstances in which British subjects are to lose that status. The following results are legislation items with 'EU Exit' in their title that directly reference and therefore may change this item of legislation. . . 1.In section 3(1)(a) (certain provisions not affected by fact that... 2.For section 7(2) (interpretation of references to protectorates etc. 44A.Waiver of requirement for full capacity. 3883). From 21 May 2002 people who were British overseas territories citizens (formerly known as British Dependent Territories citizens) became British (1) For “certificate of patriality”, wherever (except in section 33(1))... 4.In section 3(7) of the 1971 Act (powers available where... 5.In section 8(5) of the 1971 Act, for the words... 6.In section 25(5) of the 1971 Act (extension of provisions... 7.In section 33 of the 1971 Act (interpretation)—. by... DEFAMATION ACT (NORTHERN IRELAND) 1955 (c. 11) (N.I. Subsequently, the British Nationality Act has been significantly amended, including: British Nationality  (Falkland Islands) Act 1983 . (3) Every application under this section shall specify the British overseas territory which is to be treated as the relevant territory for the purposes of that application; and, in relation to any such application, references in Schedule 1 to the relevant territory shall be construed accordingly. For more information see the EUR-Lex public statement on re-use. PART I (1)(a) and (b) of that section (birth or naturalisation in. (3) For the purposes of this section the Secretary of State may by order made by statutory instrument designate any description of service which he considers to be closely associated with the activities outside the British overseas territories of the government of any British overseas territory. (3) For the purposes of this section the Secretary of State may by order made by statutory instrument designate any description of service which he considers to be closely associated with the activities outside the United Kingdom[ and the qualifying territories] [FN1] of Her Majesty's government in the United Kingdom or in a qualifying territory. (b) to have been born to a parent who at the time of the birth was a [British overseas territories citizen] [FN3] or settled in a British overseas territory. Under this act, people from former colonies and British Commonwealth countries could register as British citizens. ), EMERGENCY LAWS (RE-ENACTMENTS AND REPEALS) ACT 1964 (c. 60). (3) The descriptions of service referred to in subsection (2) are--, (a) Crown service under the government of the United Kingdom; and. Provisions for reducing statelessness. The British Nationality Act 1948 created the new status of citizen of the United Kingdom and the colonies. references to the British Nationality Act 1981 modified to include the Hong Kong (British Nationality) Order 1986, by the Hong Kong (British Nationality) Order 1986, SI 1986/948, art 7(4). (ii) the number of days on which the parent in question was absent from that territory in that period does not exceed 270. (5) If, on an application for registration as a British citizen made by a person to whom this section applies, the Secretary of State is satisfied that the applicant has at any time served in service to which this subsection applies, he may, if he thinks fit in the special circumstances of the applicant's case, cause him to be registered as such a citizen. Use this menu to access essential accompanying documents and information for this legislation item. An Act to make fresh provision about citizenship and nationality, and to amend the Immigration Act 1971 as regards the right of abode in the United Kingdom. (c) subject to subsection (6), that the consent of his father and mother to the registration has been signified in the prescribed manner. Revised legislation carried on this site may not be fully up to date. (b) in service under a Community institution, his recruitment for that service having taken place in a country which at the time of the recruitment was a member of the Communities. 31. This was followed in 1980 by a White Paper containing the government's specific plans for change. 4A. (1) If, on an application for naturalisation as a [British overseas territories citizen] [FN1] made by a person of full age and capacity, the Secretary of State is satisfied that the applicant fulfils the requirements of Schedule 1 for naturalisation as such a citizen under this subsection, he may, if he thinks fit, grant to him a certificate of naturalisation as such a citizen. 2.). Right to registration by virtue of father’s citizenship etc. (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. 3. Right to registration replacing right to resume citizenship of U.K. and Colonies. 12 c. 61, British Nationality Act 1981. . In Schedule 3 (modifications of British Nationality Acts)—. . (b) had the right of abode in the United Kingdom under the Immigration Act 1971 as then in force, shall at commencement become a British citizen. (h) he is a person born in a British overseas territory after commencement who is a British citizen by virtue of paragraph 2 of Schedule 2. 1. . [FN1] added by Nationality, Immigration and Asylum Act (2002 c.41), Pt 1 s 13 (1). (5A) Those requirements are that on the date on which the order is made or the Convention adoption is effected (as the case may be)--, (a) the adopter or, in the case of a joint adoption, one of the adopters is a British citizen; and. Right to registration by virtue of residence in British overseas territory. Continuance as British subjects of existing British subjects of certain descriptions. Meaning of certain expressions relating to nationality in other Acts and instruments. Persons born in a British overseas territory after commencement. (3) If a person of full capacity who has ceased to be a British citizen as a result of a declaration of renunciation (for whatever reason made) makes an application for his registration as such a citizen, the Secretary of State may, if he thinks fit, cause him to be registered as such a citizen. British Nationality Act 1981 An Act to make fresh provision about citizenship and nationality, and to amend the Immigration Act 1971 as regards the right of abode in the United Kingdom. 11. Applications for certificates of patriality pending at commencement. 1983/1699, art. In 1977, a Green Paper was produced outlining options for reform of the nationality code. 7. No changes have been applied to the text. (1) A person born before commencement shall be entitled, on... Countries Whose Citizens are Commonwealth Citizens. . Access essential accompanying documents and information for this legislation item from this tab. (2) A person born outside the British overseas territories shall be entitled, on an application for his registration as a [British overseas territories citizen] [FN2] made within the period of twelve months from the date of the birth, to be registered as such a citizen if the requirements specified in subsection (3) or, in the case of a person born stateless, the requirements specified in paragraphs (a) and (b) of that subsection, are fulfilled in the case of either that person's father or his mother ("the parent in question"). Citizens of U.K. and Colonies who are to become British overseas territories citizens at commencement. (a) Crown service under the government of a British overseas territory; and. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run. BRITISH NATIONALITY ACT 1981 CHAPTER 61 . (1) If an application is made to register as a British citizen a person who is a British overseas territories citizen, the Secretary of State may if he thinks fit cause the person to be so registered. (2) On an application for his registration as a British overseas territories citizen made by a person of full capacity who had before commencement ceased to be a citizen of the United Kingdom and Colonies as a result of a declaration of renunciation, the Secretary of State may, if he thinks fit, cause that person to be registered as a British overseas territories citizen if that person--, (a) has an appropriate qualifying connection with a British overseas territory; or, (4) For the purposes of this section a person shall be taken to have an appropriate qualifying connection with a British overseas territory if he, his father or his father's father--, (b) is or was a person naturalised in that territory; or, (c) was registered as a citizen of the United Kingdom and Colonies in that territory; or. The British Nationality Act 1981 is an important act of the Thatcher government, intended to reform nationality rules. Acquisition by registration: nationals for purposes of the EU Treaties. Decisions involving exercise of discretion. 19. Acquisition after commencement: special cases. . [FN1] words inserted by British Overseas Territories Act (2002 c.8), Sch 1 Para 3 (4) (b), [FN2] words inserted by British Overseas Territories Act (2002 c.8), Sch 1 Para 3 (4) (b). . . (4) Any order made under subsection (3) shall be subject to annulment in pursuance of a resolution of either House of Parliament. . The British Nationality Act of 1981 abolished the 1948 definition of British citizenship and replaced it with three categories: British citizenship, citizenship of British dependent territories, and British overseas citizenship. 16 April 2020. (5) A person born outside the British overseas territories shall be entitled, and on application for his registration as a [British overseas territories citizen] [FN6] made while he is a minor, to be registered as such a citizen if the following requirements are satisfied, namely--, (a) that at the time of that person's birth his father or mother was a [British overseas territories citizen] [FN7] by descent; and, (b) subject to subsection (6), that that person and his father and mother were in one and the same British overseas territory (no matter which) at the beginning of the period of three years ending with the date of the application and that, in the case of each of them, the number of days on which the person in question was absent from the last-mentioned territory in that period does not exceed 270; and, (6) In the case of an application under subsection (5) for the registration of a person as a [British overseas territories citizen] [FN8]--. . This was followed in 1980 by a White Paper containing the government's specific plans for change. [FN1] words repealed by Nationality, Immigration and Asylum Act (2002 c.41), Sch 9 Para 1, [FN2] words repealed by Nationality, Immigration and Asylum Act (2002 c.41), Sch 9 Para 1, (1) Subject to subsection (2), a person who immediately before commencement--, (a) was a citizen of the United Kingdom and Colonies; and. . Right to registration by virtue of residence in British overseas territory. Changes to legislation: British Nationality Act 1981, Section 40 is up to date with all changes known to be in force on or before 18 Oct 2020. . 11. 4B. Search Help. (c) the Secretary of State is satisfied that the person has not after 4th July 2002 renounced, voluntarily relinquished or lost through action or inaction any citizenship or nationality. Section 4B British Nationality Act 1981 British Nationals (Overseas) can be registered under section 4B of the British Nationality Act 1981. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to British Nationality Act 1981. . . Persons born in the United Kingdom or a British overseas territory after commencement. 3. Citizens of U.K. and Colonies who are to become British citizens at commencement. 1. (a) treat the person to whom the application relates as fulfilling the requirement specified in subsection (2)(a) or subsection (2)(b), or both,   although the number of days on which he was absent from the United Kingdom in the period there mentioned exceeds the number there mentioned; (b) disregard any such restriction as is mentioned in subsection (2)(c), not being a restriction to which that person was subject on the date of the application; (c) treat that person as fulfilling the requirement specified in subsection (2)(d) although he was in the United Kingdom in breach of the immigration laws in the period there mentioned. (c) was registered as a citizen of the United Kingdom and Colonies in the United Kingdom or in a country which at the time was mentioned in section 1(3) of the 1948 Act. An Act to make fresh provision about citizenship and nationality, and to amend the Immigration Act 1971 as regards the right of abode in the United Kingdom. . 1.In section 13(3) (power to make changes in nationality or... 2.In Schedule 3 (modifications of British Nationality Acts)—, MARINE BROADCASTING (OFFENCES) ACT 1967 (c. 41). Registration and naturalisation: fee, 42B. There are thought to be some who could still have a claim. [FN1] words substituted by British Overseas Territories Act (2002 c.8), s 2 (2), [FN2] words substituted by British Overseas Territories Act (2002 c.8), s 2 (2). (2) A new-born infant who, after commencement, is found abandoned in a British overseas territory shall, unless the contrary is shown, be deemed for the purposes of subsection (1)--, (a) to have been born in that territory after commencement; and. . . Registration of certain alien women entitled to registration as British subjects immediately before commencement. Right to registration by virtue of residence in U.K. or relevant employment. (2) A person born outside the United Kingdom before commencement is not a British citizen "by descent" by virtue of subsection (1)(b) or (e) if his father was at the time of his birth serving outside the United Kingdom--, (a) in service of a description mentioned in subsection (3), his recruitment for the service in question having taken place in the United Kingdom; or. 35. [FN1] repealed by Nationality, Immigration and Asylum Act (2002 c.41), Sch 2 Para 1 (a), [FN1] repealed by Nationality, Immigration and Asylum Act (2002 c.41), Sch 2 Para 1 (b, [FN1] repealed by Nationality, Immigration and Asylum Act (2002 c.41), Sch 2 Para 1 (c). In section 9 (territorial extent of Part I), in subsection... For section 3(2) (disregard, in connection with citizenship of children... COMMONWEALTH SECRETARIAT ACT 1966 (c. 10). Exercise of functions of Secretary of State by Governors and others. 9. Dependent on the legislation item being viewed this may include: This timeline shows the different points in time where a change occurred. (2) Subsection (1) does not apply in the case of a British overseas territories citizen who--, (a) is such a citizen by virtue only of a connection with the Sovereign Base Areas of Akrotiri and Dhekelia; or. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below. (2) Paragraph (b) of subsection (1) applies to--, (a) Crown service under the government of the United Kingdom or of a qualifying territory; and. To understand whether or not the text of this legislation is up to date, please check those references in the following pieces of legislation. (1) If while a person is a minor an application is made for his registration as a [British overseas territories citizen] [FN1] the Secretary of State may, if the thinks fit, cause him to be registered as such a citizen. Right to registration replacing right to resume citizenship of U.K. and Colonies. (b) paid or unpaid service (not falling within paragraph (a)) as a member of any body established by law in a British overseas territory members of which are appointed by or on behalf of the Crown. In the mid-1970s the British Government decided to update the nationality code, which had been significantly amended since the British Nationality Act 1948 came into force on 1 January 1949. . Part II British overseas territories citizenship. Those changes will be listed when you open the content using the Table of Contents below. 50A.Meaning of references to being in breach of immigration laws. Published 5 March 2013 Last updated 13 … There may be changes and effects to this Legislation not yet recorded or applied to the text. 2A. Abstract. Most of the 1948 Act was replaced by the British Nationality Act 1981 with effect from 1 January 1983. . Meaning of British citizen (by descent). British Nationality Act 1981: | | | British citizenship and| British nationality law ... World Heritage Encyclopedia, the aggregation of the largest online encyclopedias available, and the most definitive collection ever assembled. 6. 23. Citizens of U.K. and Colonies who are to become British Overseas citizens at commencement. (2) If, on an application for naturalisation as a British citizen made by a person of full age and capacity who on the date of the application is married to a British citizen, the Secretary of State is satisfied that the applicant fulfils the requirements of Schedule 1 for naturalisation as such a citizen under this subsection, he may, if he thinks fit, grant to him a certificate of naturalisation as such a citizen. Citizens of U.K. and Colonies who are to become British citizens at commencement. Naturalisation as a British citizen under section 6(1). The British Nationality Act 1981 received Royal Assent on 30 October 1981 and came into force on 1 January 1983. (b) a minor who is not a British citizen is adopted under a Convention adoption, that minor shall, if the requirements of subsection (5A) are met, be a British citizen as from the date on which the order is made or the Convention adoption is effected, as the case may be. Consequential amendments, transitional provisions, repeals and savings. 44. The British Nationality Act 1981 (c.61) is an Act of the Parliament of the United Kingdomconcerning British nationalitysince 1 January 1983. . (a) any court in the United Kingdom makes an order authorising the adoption of a minor who is not a British citizen; or. (6) Where an order or a Convention adoption in consequence of which any person became a British citizen by virtue of subsection (5) ceases to have effect, whether on annulment or otherwise, the cesser shall not affect the status of that person as a British citizen. (a) that the parent in question was a [British overseas territories citizen] [FN3] by descent at the time of the birth; and, (i) was a [British overseas territories citizen] [FN4] otherwise than by descent at the time of the birth of the parent in question; or, (ii) became a [British overseas territories citizen] [FN5] otherwise than by descent at commencement, or would have become such a citizen otherwise than by descent at commencement but for his or her death; and, (i) the parent in question was in a British overseas territory at the beginning of that period; and. Citizens of U.K. and Colonies who are to become British overseas territories citizens at commencement. In section 6 (construction of nationality provisions)—. In section 14(3) (persons who may be guilty of offences... (1) This paragraph applies to any application—. List of mentions of the British Nationality Act 1981 in Parliament in the period 1803 to 2005. The British Nationality Act 1981 received Royal Assent on 30 October 1981 and came into force on 1 January 1983. A person can still apply for a BOC status, if you were born in the UK/overseas territory and one of your parents is a British … Women can pass on their British citizenship to illegitimate children, but men cannot. Registration: requirement to be of good character, Registration and naturalisation: citizenship ceremony, oath and pledge. Meaning of certain expressions relating to nationality in other Acts and instruments. 4. . 9. 2(1), (1) A person born in the United Kingdom after commencement, or in a qualifying territory on or after the appointed day, shall be a British citizen if at the time of the birth his father or mother is--. Provisions ) — other citizenship, 4C open legislation in order to more! That territory this item of legislation accompanying documents and information for this legislation item from this tab 1964... 5.Any application for a certificate of patriality under the immigration... Appeals under part II of immigration laws may... Registration of certain expressions relating to Nationality in other Acts and instruments modifications! Legislation as it stood when it was Enacted or made: requirement to be of full age married. Found in the timeline will usually be the earliest date when the provision came force. ( interpretation ) — can be registered under section 6 ( construction of Nationality provisions ) — appear! Makes new provision for British overseas territory ; and to 2005 amendments, provisions! Periods to be treated as periods of absence from U.K. or relevant employment construction of Nationality provisions ).... Might take some time to download registration of certain expressions relating to Nationality in other and! 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