Borders, Citizenship and Immigration Bill [HL]

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Borders, Citizenship and Immigration Bill [HL]

Borders, Citizenship and Immigration Bill [HL]
Part 2 — Citizenship
34

(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;
(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
5
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;
(h)
waive the need to fulfil all or any of the requirements
specified in paragraph 3(2)(a), (b), (c) or (d) (including where
10
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
A has the relevant family association referred to in
section 6(2) is serving in service to which section
15
2(1)(b) applies, and
(ii)
that person’s recruitment for that service took place in
the United Kingdom.”
(5)
After that paragraph insert—
“4A   (1)
Subject to paragraph 3(5), a person has a qualifying immigration
20
status for the purposes of paragraph 3 if the person has—
(a)
qualifying temporary residence leave based on a relevant
family association;
(b)
probationary citizenship leave based on a relevant family
association;
25
(c)
permanent residence leave based on a relevant family
association;
(d)
a qualifying CTA entitlement; or
(e)
a Commonwealth right of abode.
      (2)
For the purposes of paragraph 3 and this paragraph, the leave
30
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
the whole of the qualifying period, a qualifying immigration status
35
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
association.
40
      (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
which each status relates is based on the same relevant family
45
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
each grant of leave.”
50

Borders, Citizenship and Immigration Bill [HL]
Part 2 — Citizenship
35

41
The qualifying period
(1)
After paragraph 4A of Schedule 1 to the British Nationality Act 1981 (c. 61)
(inserted by section 40(5) above), insert—
“The qualifying period for naturalisation as a British citizen under section 6
4B    (1)
The qualifying period for the purposes of paragraph 1 or 3 is a period
5
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,
the number of years in the period is—
10
(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—
(a)
6, in a case within paragraph 1;
15
(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
activities; or
20
(b)
is to be treated as having so participated.”
(2)
In section 41 of that Act (regulations etc.), in subsection (1), after paragraph
(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
25
for the time being specified there;
(bd)
for determining whether a person has, for the purposes of an
application for naturalisation under section 6, participated in
activities prescribed for the purposes of paragraph 4B(5)(a) of
Schedule 1;
30
(be)
for determining whether a person is to be treated for the
purposes of such an application as having so participated;”.
(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
35
Schedule 1 is the same as the number specified in sub-
paragraph (4)(a) of that paragraph;
(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.
40
(1C)
Regulations under subsection (1)(bd) or (be)—
(a)
may make provision that applies in relation to time before the
commencement of section 41 of the Borders, Citizenship and
Immigration Act 2009;

Borders, Citizenship and Immigration Bill [HL]
Part 2 — Citizenship
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(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
person has, or (as the case may be) is to be treated as having,
participated in an activity.”
5
(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—
“(8)
Any regulations (whether alone or with other provision)—
(a)
under subsection (1)(a) for prescribing activities for the
10
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
a resolution of each House of Parliament.”
Acquisition of British citizenship by birth
15
42
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.
(2)
After subsection (1) insert—
“(1A)
A person born in the United Kingdom or a qualifying territory on or
20
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.”
(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
25
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—
(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)”.
30
(6)
After subsection (8) insert—
“(9)
The relevant day for the purposes of subsection (1A) or (3A) is the day
appointed for the commencement of section 42 of the Borders,
Citizenship and Immigration Act 2009 (which inserted those
subsections).”
35
Acquisition of British citizenship etc. by registration
43
Minors
(1)
Section 3 of the British Nationality Act 1981 (acquisition by registration:
minors) is amended as follows.

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(2)
In subsection (2), for “within the period of twelve months from the date of the
birth” substitute “while he is a minor”.
(3)
Omit subsection (4).
44
British Nationals (Overseas) without other citizenship
(1)
Section 4B of the British Nationality Act 1981 (c. 61) (acquisition by
5
registration: certain persons without other citizenship) is amended as follows.
(2)
In subsection (1)—
(a)
omit “or” immediately before paragraph (c), and
(b)
after that paragraph insert “, or
(d)
British National (Overseas)”.
10
(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—
(a)
in the case of a person to whom this section applies by virtue of
subsection (1)(d) only, 19th March 2009, and
15
(b)
in any other case, 4th July 2002.”
45
Descent through the female line
(1)
Section 4C of the British Nationality Act 1981 (the title to which becomes
“Acquisition by registration: certain persons born before 1983”) is amended as
follows.
20
(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
Colonies—
25
(a)
under section 5 of, or paragraph 3 of Schedule 3 to, the 1948 Act
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,
30
or
(c)
under section 12(2) of that Act if one or both of the following
had applied—
(i)
assumption A had applied;
(ii)
assumption B had applied and as a result of its
35
application the applicant would have been a British
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
40
from a mother in the same terms as it provided for citizenship
by descent from a father, and

Borders, Citizenship and Immigration Bill [HL]
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(b)
references in that provision to a father were references to the
applicant’s mother.
(3B)
Assumption B is that—
(a)
a provision of the law at some time before 1st January 1949
which provided for a nationality status to be acquired by
5
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
applicant’s mother.
(3C)
For the purposes of subsection (3B), a nationality status is acquired by
10
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
registration as a person who has the status in question.
15
(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—
“(5)
For the purposes of the interpretation of section 5 of the 1948 Act in its
20
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
United Kingdom and Colonies by virtue of—
25
(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.”
46
Children born outside UK etc. to members of the armed forces
30
After section 4C of the British Nationality Act 1981 (c. 61) insert—
“4D
Acquisition by registration: children of members of the armed forces
(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
British citizen if—
35
(a)
an application is made for P’s registration under this section;
and
(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
was—
40
(a)
a member of the armed forces; and
(b)
serving outside the United Kingdom and the qualifying
territories.

Borders, Citizenship and Immigration Bill [HL]
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(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
application, the reference in subsection (3) to P’s father and mother is
5
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
for the commencement of section 46 of the Borders, Citizenship and
10
Immigration Act 2009 (which inserted this section).”
47
Good character requirement
(1)
After section 41 of the British Nationality Act 1981 (c. 61) insert—
“41A
Registration: requirement to be of good character
(1)
An application for registration of an adult or young person as a British
15
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
overseas territories citizen under section 15(3) or (4), 17(1) or (5), 22(1)
20
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
Secretary of State is satisfied that the adult or young person is of good
25
character.
(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
30
attained the age of 10 years at the time when the application is made.”
(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
35
(c)
the Secretary of State is satisfied that she is of good
character”.
(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)
40
unless the Secretary of State is satisfied that the adult or young person
is of good character.

Borders, Citizenship and Immigration Bill [HL]
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(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
registration is made.”
(4)
In section 131 of the Nationality, Immigration and Asylum Act 2002 (c. 41)
(supply of police information), for paragraph (b) substitute—
5
“(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
character;
(ba)
determining whether, for the purposes of an application under
10
section 1 of the Hong Kong (War Wives and Widows) Act 1996,
the woman for whose registration the application is made is of
good character;
(bb)
determining whether, for the purposes of an application under
section 1 of the British Nationality (Hong Kong) Act 1997 for the
15
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—
“(h)
determining whether, for the purposes of an application
20
referred to in section 41A of the British Nationality Act 1981, the
person for whose registration the application is made is of good
character;
(ha)
determining whether, for the purposes of an application under
section 1 of the Hong Kong (War Wives and Widows) Act 1996,
25
the woman for whose registration the application is made is of
good character;
(hb)
determining whether, for the purposes of an application under
section 1 of the British Nationality (Hong Kong) Act 1997 for the
registration of an adult or young person within the meaning of
30
subsection (5A) of that section, the person is of good character;”.
Interpretation etc.
48
Meaning of references to being in breach of immigration laws
(1)
After section 50 of the British Nationality Act 1981 (c. 61) insert—
“50A
Meaning of references to being in breach of immigration laws
35
(1)
This section applies for the construction of a reference to being in the
United Kingdom “in breach of the immigration laws” in—
(a)
section 4(2) or (4);
(b)
section 50(5); or
(c)
Schedule 1.
40
(2)
It applies only for the purpose of determining on or after the relevant
day—
(a)
whether a person born on or after the relevant day is a British
citizen under section 1(1),