|
| |
|
(3) | In subsection (3), after “subsection (1)” insert “, (1A)”. |
| |
(4) | After subsection (3) insert— |
| |
“(3A) | A person born in the United Kingdom on or after the relevant day who |
| |
is not a British citizen by virtue of subsection (1), (1A) or (2) shall be |
| |
entitled to be registered as a British citizen if, while he is a minor— |
| 5 |
(a) | his father or mother becomes a member of the armed forces; and |
| |
(b) | an application is made for his registration as a British citizen”. |
| |
(5) | In subsection (4), after “subsection (1)” insert “, (1A)”. |
| |
(6) | After subsection (8) insert— |
| |
“(9) | The relevant day for the purposes of subsection (1A) or (3A) is the day |
| 10 |
appointed for the commencement of section 43 of the Borders, |
| |
Citizenship and Immigration Act 2009 (which inserted those |
| |
| |
Acquisition of British citizenship etc. by registration |
| |
| 15 |
(1) | Section 3 of the British Nationality Act 1981 (c. 61) (acquisition by registration: |
| |
minors) is amended as follows. |
| |
(2) | In subsection (2), for “within the period of twelve months from the date of the |
| |
birth” substitute “while he is a minor”. |
| |
| 20 |
45 | British Nationals (Overseas) without other citizenship |
| |
(1) | Section 4B of the British Nationality Act 1981 (acquisition by registration: |
| |
certain persons without other citizenship) is amended as follows. |
| |
| |
(a) | omit “or” immediately before paragraph (c), and |
| 25 |
(b) | after that paragraph insert “, or |
| |
(d) | British National (Overseas)”. |
| |
(3) | In subsection (2)(c), for “4th July 2002” substitute “the relevant day”. |
| |
(4) | After subsection (2), insert— |
| |
“(3) | For the purposes of subsection (2)(c), the “relevant day” means— |
| 30 |
(a) | in the case of a person to whom this section applies by virtue of |
| |
subsection (1)(d) only, 19th March 2009, and |
| |
(b) | in any other case, 4th July 2002.” |
| |
46 | Descent through the female line |
| |
(1) | Section 4C of the British Nationality Act 1981 (the title to which becomes |
| 35 |
“Acquisition by registration: certain persons born before 1983”) is amended as |
| |
| |
(2) | In subsection (2), omit “after 7th February 1961 and”. |
| |
|
| |
|
| |
|
(3) | For subsection (3) substitute— |
| |
“(3) | The second condition is that the applicant would at some time before |
| |
1st January 1983 have become a citizen of the United Kingdom and |
| |
| |
(a) | under section 5 of, or paragraph 3 of Schedule 3 to, the 1948 Act |
| 5 |
if assumption A had applied, |
| |
(b) | under section 12(3), (4) or (5) of that Act if assumption B had |
| |
applied and as a result of its application the applicant would |
| |
have been a British subject immediately before 1st January 1949, |
| |
| 10 |
(c) | under section 12(2) of that Act if one or both of the following |
| |
| |
(i) | assumption A had applied; |
| |
(ii) | assumption B had applied and as a result of its |
| |
application the applicant would have been a British |
| 15 |
subject immediately before 1st January 1949. |
| |
(3A) | Assumption A is that— |
| |
(a) | section 5 or 12(2) of, or paragraph 3 of Schedule 3 to, the 1948 |
| |
Act (as the case may be) provided for citizenship by descent |
| |
from a mother in the same terms as it provided for citizenship |
| 20 |
by descent from a father, and |
| |
(b) | references in that provision to a father were references to the |
| |
| |
(3B) | Assumption B is that— |
| |
(a) | a provision of the law at some time before 1st January 1949 |
| 25 |
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 |
| |
(b) | references in that provision to a father were references to the |
| |
| 30 |
(3C) | For the purposes of subsection (3B), a nationality status is acquired by |
| |
a person (“P”) by descent where its acquisition— |
| |
(a) | depends, amongst other things, on the nationality status of one |
| |
or both of P’s parents, and |
| |
(b) | does not depend upon an application being made for P’s |
| 35 |
registration as a person who has the status in question. |
| |
(3D) | For the purposes of subsection (3), it is not to be assumed that any |
| |
registration or other requirements of the provisions mentioned in that |
| |
subsection or in subsection (3B) were met.” |
| |
(4) | After subsection (4) insert— |
| 40 |
“(5) | For the purposes of the interpretation of section 5 of the 1948 Act in its |
| |
application in the case of assumption A to a case of descent from a |
| |
mother, the reference in the proviso to subsection (1) of that section to |
| |
“a citizen of the United Kingdom and Colonies by descent only” |
| |
includes a reference to a female person who became a citizen of the |
| 45 |
United Kingdom and Colonies by virtue of— |
| |
(a) | section 12(2), (4) or (6) only of the 1948 Act, |
| |
(b) | section 13(2) of that Act, |
| |
|
| |
|
| |
|
(c) | paragraph 3 of Schedule 3 to that Act, or |
| |
(d) | section 1(1)(a) or (c) of the British Nationality (No. 2) Act 1964.” |
| |
47 | Children born outside UK etc. to members of the armed forces |
| |
After section 4C of the British Nationality Act 1981 (c. 61) insert— |
| |
“4D | Acquisition by registration: children of members of the armed forces |
| 5 |
(1) | A person (“P”) born outside the United Kingdom and the qualifying |
| |
territories on or after the relevant day is entitled to be registered as a |
| |
| |
(a) | an application is made for P’s registration under this section; |
| |
| 10 |
(b) | each of the following conditions is satisfied. |
| |
(2) | The first condition is that, at the time of P’s birth, P’s father or mother |
| |
| |
(a) | a member of the armed forces; and |
| |
(b) | serving outside the United Kingdom and the qualifying |
| 15 |
| |
(3) | The second condition is that, if P is a minor on the date of the |
| |
application, the consent of P’s father and mother to P’s registration as |
| |
a British citizen has been signified in the prescribed manner. |
| |
(4) | But if P’s father or mother has died on or before the date of the |
| 20 |
application, the reference in subsection (3) to P’s 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 the second condition to be satisfied. |
| |
(6) | The relevant day for the purposes of this section is the day appointed |
| 25 |
for the commencement of section 47 of the Borders, Citizenship and |
| |
Immigration Act 2009 (which inserted this section).” |
| |
48 | Good character requirement |
| |
(1) | After section 41 of the British Nationality Act 1981 insert— |
| |
“41A | Registration: requirement to be of good character |
| 30 |
(1) | An application for registration of an adult or young person as a British |
| |
citizen under section 1(3), (3A) or (4), 3(1), (2) or (5), 4(2) or (5), 4A, 4C, |
| |
4D, 5, 10(1) or (2) or 13(1) or (3) must not be granted unless the Secretary |
| |
of State is satisfied that the adult or young person is of good character. |
| |
(2) | An application for registration of an adult or young person as a British |
| 35 |
overseas territories citizen under section 15(3) or (4), 17(1) or (5), 22(1) |
| |
or (2) or 24 must not be granted unless the Secretary of State is satisfied |
| |
that the adult or young person is of good character. |
| |
(3) | An application for registration of an adult or young person as a British |
| |
Overseas citizen under section 27(1) must not be granted unless the |
| 40 |
Secretary of State is satisfied that the adult or young person is of good |
| |
| |
|
| |
|
| |
|
(4) | An application for registration of an adult or young person as a British |
| |
subject under section 32 must not be granted unless the Secretary of |
| |
State is satisfied that the adult or young person is of good character. |
| |
(5) | In this section, “adult or young person” means a person who has |
| |
attained the age of 10 years at the time when the application is made.” |
| 5 |
(2) | In section 1 of the Hong Kong (War Wives and Widows) Act 1996 (c. 41) |
| |
(acquisition of British citizenship), in subsection (1)— |
| |
(a) | omit “and” immediately before paragraph (b), and |
| |
(b) | after that paragraph insert “; and |
| |
(c) | the Secretary of State is satisfied that she is of good |
| 10 |
| |
(3) | In section 1 of the British Nationality (Hong Kong) Act 1997 (c. 20) (acquisition |
| |
of British citizenship), after subsection (5) insert— |
| |
“(5A) | An adult or young person shall not be registered under subsection (1) |
| |
unless the Secretary of State is satisfied that the adult or young person |
| 15 |
| |
(5B) | In subsection (5A), “adult or young person” means a person who has |
| |
attained the age of 10 years at the time when the application for |
| |
| |
(4) | In section 131 of the Nationality, Immigration and Asylum Act 2002 (c. 41) |
| 20 |
(supply of police information), for paragraph (b) substitute— |
| |
“(b) | determining whether, for the purposes of an application |
| |
referred to in section 41A of the British Nationality Act 1981, the |
| |
person for whose registration the application is made is of good |
| |
| 25 |
(ba) | determining whether, for the purposes of an application under |
| |
section 1 of the Hong Kong (War Wives and Widows) Act 1996, |
| |
the woman for whose registration the application is made is of |
| |
| |
(bb) | determining whether, for the purposes of an application under |
| 30 |
section 1 of the British Nationality (Hong Kong) Act 1997 for the |
| |
registration of an adult or young person within the meaning of |
| |
subsection (5A) of that section, the person is of good character;”. |
| |
(5) | In section 40 of the UK Borders Act 2007 (c. 30) (supply of Revenue and |
| |
Customs information), in subsection (1), for paragraph (h) substitute— |
| 35 |
“(h) | determining whether, for the purposes of an application |
| |
referred to in section 41A of the British Nationality Act 1981, the |
| |
person for whose registration the application is made is of good |
| |
| |
(ha) | determining whether, for the purposes of an application under |
| 40 |
section 1 of the Hong Kong (War Wives and Widows) Act 1996, |
| |
the woman for whose registration the application is made is of |
| |
| |
(hb) | determining whether, for the purposes of an application under |
| |
section 1 of the British Nationality (Hong Kong) Act 1997 for the |
| 45 |
registration of an adult or young person within the meaning of |
| |
subsection (5A) of that section, the person is of good character;”. |
| |
|
| |
|