Borders, Citizenship and Immigration Bill [HL]

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Session 2008 - 09
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Borders, Citizenship and Immigration Bill [HL]

Borders, Citizenship and Immigration Bill [HL]
Part 2 — Citizenship
29

Part 2
Citizenship
Acquisition of British citizenship by naturalisation
39
Exceptions to application of this Part
Nothing in this Part shall affect an application—
5
(a)
which has been submitted at any time in the twelve months after the
commencement of this Part by any person for indefinite leave to remain
in the United Kingdom, or
(b)
made prior to the commencement of this Part by any person, for the
following—
10
(i)
indefinite leave to remain in the United Kingdom; or
(ii)
British citizenship.
40
Application requirements: general
(1)
In paragraph 1 of Schedule 1 to the British Nationality Act 1981 (c. 61)
(requirements for naturalisation as a British citizen under section 6(1) of that
15
Act), in sub-paragraph (1)(a), omit “, or the alternative requirement specified
in sub-paragraph (3) of this paragraph”.
(2)
For sub-paragraph (2) of that paragraph substitute—
    “(2)
The requirements referred to in sub-paragraph (1)(a) of this
paragraph are—
20
(a)
that the applicant (“A”) was in the United Kingdom at the
beginning of the qualifying period;
(b)
that the number of days on which A was absent from the
United Kingdom in each year of the qualifying period does
not exceed 90;
25
(c)
that A had a qualifying immigration status for the whole of
the qualifying period;
(d)
that on the date of the application A has probationary
citizenship leave, permanent residence leave, a qualifying
CTA entitlement, a Commonwealth right of abode or a
30
permanent EEA entitlement;
(e)
that, where on the date of the application A has probationary
citizenship leave granted for the purpose of taking
employment in the United Kingdom, A has been in
continuous employment since the date of the grant of that
35
leave; and
(f)
that A was not at any time in the qualifying period in the
United Kingdom in breach of the immigration laws.”
(3)
Omit sub-paragraph (3) of that paragraph.
(4)
In paragraph 2 of that Schedule (which becomes sub-paragraph (1) of that
40
paragraph) (discretion of Secretary of State on applications for naturalisation
under section 6(1)), for paragraph (a) substitute—
“(a)
treat the applicant as fulfilling the requirement specified in
paragraph 1(2)(b) although the number of days on which the

Borders, Citizenship and Immigration Bill [HL]
Part 2 — Citizenship
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applicant was absent from the United Kingdom in a year of
the qualifying period exceeds 90;”.
(5)
After paragraph (b) of sub-paragraph (1) of that paragraph, insert—
“(ba)
treat the applicant as fulfilling the requirement specified in
paragraph 1(2)(c) where the applicant has had a qualifying
5
immigration status for only part of the qualifying period;
(bb)
treat the applicant as fulfilling the requirement specified in
paragraph 1(2)(d) where the applicant has had probationary
citizenship leave but it expired in the qualifying period;”.
(6)
Omit paragraph (c) of that sub-paragraph.
10
(7)
Before paragraph (d) of that sub-paragraph, insert—
“(ca)
treat the applicant as fulfilling the requirement specified in
paragraph 1(2)(e) although the applicant has not been in
continuous employment since the date of the grant
mentioned there;”.
15
(8)
In paragraph (d) of that sub-paragraph—
(a)
for “1(2)(d)” substitute “1(2)(f)”, and
(b)
for “period there mentioned” substitute “qualifying period”.
(9)
After that sub-paragraph insert—
    “(2)
If in the special circumstances of a particular case that is an armed
20
forces case or an exceptional Crown service case the Secretary of
State thinks fit, the Secretary of State may for the purposes of
paragraph 1 waive the need to fulfil all or any of the requirements
specified in paragraph 1(2).
      (3)
An armed forces case is a case where, on the date of the application,
25
the applicant is or has been a member of the armed forces.
      (4)
An exceptional Crown service case is a case where—
(a)
the applicant is, on the date of the application, serving
outside the United Kingdom in Crown service under the
government of the United Kingdom; and
30
(b)
the Secretary of State considers the applicant’s performance
in the service to be exceptional.”
(10)
After sub-paragraph (4) (inserted by subsection (9) above) insert—
    “(5)
In paragraph 1(2)(e) and sub-paragraph (1)(ca) of this paragraph,
“employment” includes self-employment.”
35
(11)
After paragraph 2 insert—
“2A   (1)
A person has a qualifying immigration status for the purposes of
paragraph 1(2) if the person has—
(a)
qualifying temporary residence leave;
(b)
probationary citizenship leave;
40
(c)
permanent residence leave;
(d)
a qualifying CTA entitlement;
(e)
a Commonwealth right of abode; or
(f)
a temporary or permanent EEA entitlement.

Borders, Citizenship and Immigration Bill [HL]
Part 2 — Citizenship
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      (2)
A person who is required for those purposes to have a qualifying
immigration status for the whole of the qualifying period need not
have the same qualifying immigration status for the whole of that
period.”
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Application requirements: family members etc.
5
(1)
In section 6 of the British Nationality Act 1981 (c. 61) (acquisition of British
citizenship by naturalisation), in subsection (2), for “is married to a British
citizen or is the civil partner of a British citizen” substitute “has a relevant
family association”.
(2)
After that subsection insert—
10
“(3)
For the purposes of this section and Schedule 1, a person (“A”) has a
relevant family association if A has a connection of a prescribed
description to a person of a prescribed description.
(4)
If in the special circumstances of any particular case the Secretary of
State thinks fit, the Secretary of State may for the purposes of subsection
15
(3) treat A as having a relevant family association on the date of the
application although the relevant family association ceased to exist
before that date.”
(3)
For paragraph 3 of Schedule 1 to that Act (requirements for naturalisation as a
British citizen under section 6(2) of that Act) substitute—
20
“3    (1)
Subject to paragraph 4, the requirements for naturalisation as a
British citizen under section 6(2) are, in the case of any person (“A”)
who applies for it—
(a)
the requirements specified in sub-paragraph (2) of this
paragraph;
25
(b)
the requirement specified in sub-paragraph (3) of this
paragraph;
(c)
that A is of good character;
(d)
that A has a sufficient knowledge of the English, Welsh or
Scottish Gaelic language; and
30
(e)
that A has sufficient knowledge about life in the United
Kingdom.
      (2)
The requirements referred to in sub-paragraph (1)(a) are—
(a)
that A was in the United Kingdom at the beginning of the
qualifying period;
35
(b)
that the number of days on which A was absent from the
United Kingdom in each year of the qualifying period does
not exceed 90;
(c)
that, subject to sub-paragraph (5)—
(i)
A had a relevant family association for the whole of
40
the qualifying period, and
(ii)
A had a qualifying immigration status for the whole
of that period;
(d)
that on the date of the application—
(i)
A has probationary citizenship leave, or permanent
45
residence leave, based on A’s having the relevant
family association referred to in section 6(2), or

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(ii)
A has a qualifying CTA entitlement or a
Commonwealth right of abode; and
(e)
that A was not at any time in the qualifying period in the
United Kingdom in breach of the immigration laws.
      (3)
The requirement referred to in sub-paragraph (1)(b) is—
5
(a)
that A’s intentions are such that, in the event of a certificate
of naturalisation as a British citizen being granted to A, A’s
home or (if A has more than one) A’s principal home will be
in the United Kingdom;
(b)
that A intends, in the event of such a certificate being granted
10
to A, to enter into, or continue in, service of a description
mentioned in sub-paragraph (4); or
(c)
that, in the event of such a certificate being granted to A—
(i)
the person with whom A has the relevant family
association referred to in section 6(2) (“B”) intends to
15
enter into, or continue in, service of a description
mentioned in sub-paragraph (4); and
(ii)
A intends to reside with B for the period during
which B is in the service in question.
      (4)
The descriptions of service referred to in sub-paragraph (3) are—
20
(a)
Crown service under the government of the United
Kingdom;
(b)
service under an international organisation of which the
United Kingdom, or Her Majesty’s government in the United
Kingdom, is a member; or
25
(c)
service in the employment of a company or association
established in the United Kingdom.
      (5)
Where the relevant family association referred to in section 6(2) is (in
accordance with regulations under section 41(1)(a)) that A is the
partner of a person who is a British citizen or who has permanent
30
residence leave—
(a)
the requirement specified in sub-paragraph (2)(c)(i) is
fulfilled only if A was that person’s partner for the whole of
the qualifying period, and
(b)
for the purposes of sub-paragraph (2)(c)(ii), A can rely upon
35
having a qualifying immigration status falling within
paragraph 4A(1)(a), (b) or (c) only if that partnership is the
relevant family association upon which the leave to which
the status relates is based.
      (6)
For the purposes of sub-paragraph (5), A is a person’s partner if—
40
(a)
that person is A’s spouse or civil partner or is in a
relationship with A that is of a description that the
regulations referred to in that sub-paragraph specify, and
(b)
the marriage, civil partnership or other relationship satisfies
the conditions (if any) that those regulations specify.
45
      (7)
For the purposes of sub-paragraph (5), the relationship by reference
to which A and the other person are partners need not be of the same
description for the whole of the qualifying period.”

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(4)
For paragraph 4 of that Schedule substitute—
“4
If in the special circumstances of any particular case the Secretary of
State thinks fit, the Secretary of State may for the purposes of
paragraph 3 do all or any of the following, namely—
(a)
treat A as fulfilling the requirement specified in paragraph
5
3(2)(b), although the number of days on which A was absent
from the United Kingdom in a year of the qualifying period
exceeds 90;
(b)
treat A as having been in the United Kingdom for the whole
or any part of any period during which A would otherwise
10
fall to be treated under paragraph 9(1) as having been absent;
(c)
treat A as fulfilling the requirement specified in paragraph
3(2)(c)(i) (including where it can be fulfilled only as set out in
paragraph 3(5)) where a relevant family association of A’s
has ceased to exist;
15
(d)
treat A as fulfilling the requirement specified in paragraph
3(2)(c)(ii) (including where it can be fulfilled only as set out in
paragraph 3(5)) where A has had a qualifying immigration
status for only part of the qualifying period;
(e)
treat A as fulfilling the requirement specified in paragraph
20
3(2)(d) where A has had probationary citizenship leave but it
expired in the qualifying period;
(f)
treat A as fulfilling the requirement specified in paragraph
3(2)(e) although A was in the United Kingdom in breach of
the immigration laws in the qualifying period;
25
(g)
waive the need to fulfil either or both of the requirements
specified in paragraph 3(1)(d) and (e) if the Secretary of State
considers that because of A’s age or physical or mental
condition it would be unreasonable to expect A to fulfil that
requirement or those requirements;
30
(h)
waive the need to fulfil all or any of the requirements
specified in paragraph 3(2)(a), (b), (c) or (d) (including where
paragraph 3(2)(c) can be fulfilled only as set out in paragraph
3(5)) if—
(i)
on the date of the application, the person with whom
35
A has the relevant family association referred to in
section 6(2) is serving in service to which section
2(1)(b) applies, and
(ii)
that person’s recruitment for that service took place in
the United Kingdom.”
40
(5)
After that paragraph insert—
“4A   (1)
Subject to paragraph 3(5), a person has a qualifying immigration
status for the purposes of paragraph 3 if the person has—
(a)
qualifying temporary residence leave based on a relevant
family association;
45
(b)
probationary citizenship leave based on a relevant family
association;
(c)
permanent residence leave based on a relevant family
association;
(d)
a qualifying CTA entitlement; or
50
(e)
a Commonwealth right of abode.

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      (2)
For the purposes of paragraph 3 and this paragraph, the leave
mentioned in sub-paragraph (1)(a), (b) or (c) is based on a relevant
family association if it was granted on the basis of the person having
a relevant family association.
      (3)
A person who is required for the purposes of paragraph 3 to have, for
5
the whole of the qualifying period, a qualifying immigration status
and a relevant family association need not, for the whole of that
period—
(a)
have the same qualifying immigration status; or
(b)
(subject to paragraph 3(5)) have the same relevant family
10
association.
      (4)
Where, by virtue of sub-paragraph (3)(a), a person relies upon
having more than one qualifying immigration status falling within
sub-paragraph (1)(a), (b) or (c)—
(a)
subject to paragraph 3(5), it is not necessary that the leave to
15
which each status relates is based on the same relevant family
association, and
(b)
in a case where paragraph 3(5) applies, the relationship by
reference to which the persons referred to in paragraph 3(5)
are partners need not be of the same description in respect of
20
each grant of leave.”
42
The qualifying period
(1)
After paragraph 4A of Schedule 1 to the British Nationality Act 1981 (c. 61)
(inserted by section 41(5) above), insert—
“The qualifying period for naturalisation as a British citizen under section 6
25
4B    (1)
The qualifying period for the purposes of paragraph 1 or 3 is a period
of years which ends with the date of the application in question.
      (2)
The length of the period is determined in accordance with the
following provisions of this paragraph.
      (3)
In the case of an applicant who does not meet the activity condition,
30
the number of years in the period is—
(a)
8, in a case within paragraph 1;
(b)
5, in a case within paragraph 3.
      (4)
In the case of an applicant who meets the activity condition, the
number of years in the period is—
35
(a)
6, in a case within paragraph 1;
(b)
3, in a case within paragraph 3.
      (5)
The applicant meets the activity condition if the Secretary of State is
satisfied that the applicant—
(a)
has participated otherwise than for payment in prescribed
40
activities; or
(b)
is to be treated as having so participated.”
(2)
In section 41 of that Act (regulations etc.), in subsection (1), after paragraph

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(bb) insert—
“(bc)
for amending paragraph 4B(3)(a) or (b) or (4)(a) or (b) of
Schedule 1 to substitute a different number for the number
for the time being specified there;
(bd)
for determining whether a person has, for the purposes of an
5
application for naturalisation under section 6, participated in
activities prescribed for the purposes of paragraph 4B(5)(a) of
Schedule 1;
(be)
for determining whether a person is to be treated for the
purposes of such an application as having so participated;”.
10
(3)
After subsection (1A) of that section insert—
“(1B)
Regulations under subsection (1)(bc) may make provision so that—
(a)
the number specified in sub-paragraph (3)(a) of paragraph 4B of
Schedule 1 is the same as the number specified in sub-
paragraph (4)(a) of that paragraph;
15
(b)
the number specified in sub-paragraph (3)(b) of that paragraph
is the same as the number specified in sub-paragraph (4)(b) of
that paragraph.
(1C)
Regulations under subsection (1)(bd) or (be)—
(a)
may make provision that applies in relation to time before the
20
commencement of section 42 of the Borders, Citizenship and
Immigration Act 2009;
(b)
may enable the Secretary of State to make arrangements for
such persons as the Secretary of State thinks appropriate to
determine whether, in accordance with those regulations, a
25
person has, or (as the case may be) is to be treated as having,
participated in an activity.”
(4)
In subsection (7) of that section, after “this section” insert “(other than
regulations referred to in subsection (8))”.
(5)
After subsection (7) of that section insert—
30
“(8)
Any regulations (whether alone or with other provision)—
(a)
under subsection (1)(a) for prescribing activities for the
purposes of paragraph 4B(5)(a) of Schedule 1; or
(b)
under subsection (1)(bc), (bd) or (be),

may not be made unless a draft has been laid before and approved by
35
a resolution of each House of Parliament.”
Acquisition of British citizenship by birth
43
Children born in UK etc. to members of the armed forces
(1)
Section 1 of the British Nationality Act 1981 (c. 61) (acquisition of British
citizenship by birth or adoption) is amended as follows.
40
(2)
After subsection (1) insert—
“(1A)
A person born in the United Kingdom or a qualifying territory on or
after the relevant day shall be a British citizen if at the time of the birth
his father or mother is a member of the armed forces.”