Borders, Citizenship and Immigration Bill [HL]
THIRD
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE
The amendments have been marshalled in accordance with the Instruction of 17th December 2008, as follows—
[Amendments marked * are new or have been altered]
Amendment
No.
| | LORD ROBERTS OF LLANDUDNO |
| 92 | Insert the following new Clause— |
| | In section 6 of the British Overseas Territories Act 2002 (c. 8) (The Ilois: citizenship) omit subsection (2)." |
| 93 | Insert the following new Clause— |
| | "Stateless children of British nationals |
| (1) | Schedule 4 to the British Nationality Act 1981 (c. 61) (amendments to Immigration Act 1971) is amended as follows. |
| (2) | In paragraph 4, omit sub-paragraph (1)(c). |
| (3) | In paragraph 4, for sub-paragraphs (2)(a) and (2)(b) substitute—"shall be registered under it as a— |
| (b) | in the case of a child whose mother or father is, or would have been but for their death, a British overseas territories citizen, as a British overseas territories citizen." |
| (4) | In sub-paragraph (4) of paragraph 4, for "sub-paragraphs (1) to (3)" substitute "sub-paragraph (1)"." |
| 95 | Insert the following new Clause— |
| | "Acquisition by registration: minors |
| (1) | Section 3 of the British Nationality Act 1981 (c. 61) (acquisition by registration: minors) is amended as follows. |
| (2) | In subsection (2), omit the words "made within the period of twelve months from the date of birth". |
| (3) | In subsection (3), omit paragraphs (b) and (c)." |
| 96 | Insert the following new Clause— |
| | "Provisions for reducing statelessness |
| (1) | A person born stateless on or after 1st July 1997 shall be entitled to be registered as a British Overseas citizen if— |
| (a) | while a minor an application is made for his registration as a British Overseas citzen, and |
| (b) | his father or mother was, immediately before 1st July 1997, a British Dependent Territories citizen by virtue of having a connection with Hong Kong specified in Article 2 of the Hong Kong (British Nationality) Order 1986 (S.I. 1986/948) or would have been so but for his or her death. |
| (2) | Any person registered under subsection (1) of this section shall, in respect of the requirements of Article 6(3) of the Hong Kong (British Nationality) Order 1986, be deemed to have acquired British Overseas citizenship at birth under Article 6(2) of the Hong Kong (British Nationality) Order 1986." |
| 97 | Insert the following new Clause— |
| | "British citizenship: registration of certain persons without other citizenship |
| | In section 4B of the British Nationality Act 1981 (c. 61) (acquisition by registration: certain persons without other citizenship) omit subsection (2)(b) and (c)." |
| | BARONESS FALKNER OF MARGRAVINE |
| 98 | Insert the following new Clause— |
| | "Acquisition by registration: British nationals |
| (1) | The British Nationality Act 1981 (c. 61) is amended as follows. |
| (2) | After section 4B insert— |
| | "4BA Acquisition by registration: British nationals |
| (1) | This section applies to a person who has the status of— |
| (a) | a British Overseas Citizen, |
| (b) | a British subject under this Act, |
| (c) | a British Protected Person, |
| (d) | a British National (Overseas). |
| (2) | A person to whom this section applies shall be entitled to register as a British citizen if he applies for registration under this section."" |
| | LORD ROBERTS OF LLANDUDNO |
| 99 | Insert the following new Clause— |
| (1) | The British Nationality Act 1981 (c. 61) is amended as follows. |
| (2) | After section 4C insert— |
| | "4D Acquisition by registration: legitimacy |
| (1) | A person is entitled to be registered as a British citizen if— |
| (a) | he applies for registration under this section; and |
| (b) | he satisfies each of the following conditions. |
| (2) | The first condition is that the person was born before 1st July 2006. |
| (3) | The second condition is that the person is not already a British citizen. |
| (4) | The third condition is that the father of the child satisfies any requirements as to proof of paternity prescribed under section 50(9B) of this Act. |
| (5) | The fourth condition is that the person would have been a British citizen had his father been married to his mother at the time of his birth."" |
| 100 | Insert the following new Clause— |
| | "Acquisition by birth of adoption: British nationals |
| (1) | The British Nationality Act 1981 (c. 61) is amended as follows. |
| (2) | In section 1(1), omit the words "on or after the appointed day". |
| (3) | In section 1(1), after pararaph (b) insert— |
| "(c) | a British Overseas Citizen, |
| (d) | a British subject under this Act, |
| (e) | a British Protected Person, |
| (f) | a British National (Overseas)."" |
| 101 | Insert the following new Clause— |
| | "Acquisition by registration: minors (No. 2) |
| (1) | Section 3 of the British Nationality Act 1981 (c. 61) (acquisition by registration: minors) is amended as follows. |
| (2) | In subsection (5)(b), omit the words "and his father and mother". |
| (3) | In subsection (5)(b), omit the words ", in the case of each of them,"." |
| 101A | Insert the following new Clause— |
| | "The Ilois: further provision as to citizenship |
| (1) | Section 6 of the British Overseas Territories Act 2002 (c. 8) (the Ilois citizenship) is amended as follows. |
| (2) | In subsection (1)(a) omit "on or after 26 April 1969"." |
| 101B | Insert the following new Clause— |
| | "Acquisition by registration: stateless children of British citizens |
| (1) | Section 3 of the British Nationality Act 1981 (c. 61) (acquisition by registration) is amended as follows. |
| (2) | In subsection (2) omit the words "made within the period of twelve months from the date of the birth". |
| (3) | In subsection (2) for the words after "subsection (3)" substitute "save in the case of a person born stateless where the requirement is that the person's mother or father is a British citizen on the date of application."" |
| | BARONESS FALKNER OF MARGRAVINE |
| 102 | Page 34, line 28, leave out from beginning to end of line 8 on page 35 and insert— |
| "(1) | Section 2 of the British Nationality Act 1981 (c. 61) (acquisition by descent) is amended as follows. |
| (2) | In subsection (1)(c) after "Communities" insert "; or |
| (d) | is a member of the armed forces."" |
| 103 | Page 34, line 31, leave out "on or after the relevant day" |
| 104 | Page 35, leave out lines 6 to 8 |
| 105 | Page 35, line 29, leave out subsection (2) |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| 105A | Insert the following new Clause— |
| | "Probationary citizenship leave: homelessness assistance |
| (1) | The Immigration and Asylum Act 1999 (c. 33) is amended as follows. |
| (2) | After subsection (6) of section 118 (housing authority accommodation) insert— |
| "(6A) | For the purposes of this section a person subject to immigration control does not include a person who has probationary citizenship leave." |
| (3) | After subsection (4) of section 119 (homelessness: Scotland and Northern Ireland) insert— |
| "(5) | For the purposes of this section a person subject to immigration control does not include a person who has probationary citizenship leave."." |
| 106 | Page 37, line 10, at end insert— |
| "(ca) | does not have a qualifying CTA entitlement;" |
| 107 | Page 37, line 21, at end insert— |
| "( ) | For the purposes of subsection (4)(ca), a person has a qualifying CTA entitlement if the person— |
| (a) | is a citizen of the Republic of Ireland, |
| (b) | last arrived in the United Kingdom on a local journey (within the meaning of the Immigration Act 1971) from the Republic of Ireland, and |
| (c) | on that arrival, was a citizen of the Republic of Ireland and was entitled to enter without leave by virtue of section 1(3) of the Immigration Act 1971 (entry from the common travel area)." |
| 108 | Page 39, line 2, at end insert— |
| "( ) | A person has a qualifying CTA entitlement if the person— |
| (a) | is a citizen of the Republic of Ireland, |
| (b) | last arrived in the United Kingdom on a local journey (within the meaning of the Immigration Act 1971) from the Republic of Ireland, and |
| (c) | on that arrival, was a citizen of the Republic of Ireland and was entitled to enter without leave by virtue of section 1(3) of the Immigration Act 1971 (entry from the common travel area)." |
| 108ZA* | Page 39, line 20, at end insert— |
| "( ) | In section 1 of the Immigration Act 1971 (c. 77) (general principles: the common travel area) after subsection (2) insert— |
| "(2A) | Arrivals by land from the Republic of Ireland to the United Kingdom shall not be subject to immigration control under this Act."" |
| 108A | Page 39, line 23, after "in" insert "or departs from" |
| 108B | Page 39, line 23, after "from" insert "or to" |
| 108BA | Page 39, line 23, leave out "any of the islands or" |
| 108C | Page 39, line 24, at end insert "be subject to control under this Act, nor" |
| 108CA* | Page 39, line 24, at end insert— |
| "( ) | In section 1 of that Act, after subsection (3) insert— |
| "(3A) | All those with a current visa or immigration permission issued by the Republic of Ireland shall have leave to enter the United Kingdom as a visitor, unless excluded by regulations under this Act."" |
| 108CB* | Page 39, line 24, at end insert— |
| "( ) | In section (1) of that Act, after subsection (3) insert— |
| "(3A) | The Secretary of State may by order provide for specified documents which would permit travel by citizens of the United Kingdom and of the Republic of Ireland on air and sea routes from the Republic of Ireland to the United Kingdom, which shall include— |
| (a) | a current passport issued by the Government of the United Kingdom or by the Government of the Republic of Ireland; |
| (b) | a current ID card issued under the Identity Cards Act 2006 (c. 15); |
| (c) | a current refugee travel document; |
| (d) | a current licence to drive a motor vehicle if the licence bears the photograph of the person to whom it is issued; |
| (e) | a current electoral identity card issued under section 13C of the Representation of the People Act 1983 (c. 2); |
| (f) | a Senior SmartPass issued under the Northern Ireland Concessionary Fares Scheme for use from 1st May 2002; |
| (g) | a Blind Person's SmartPass issued under the Northern Ireland Concessionary Fares Scheme for use from 1st May 2002; |
| (h) | a War Disablement SmartPass, issued under the Northern Ireland Concessionary Fares Scheme for use from 1st May 2002; |
| (i) | any other document to be determined by the Secretary of State."" |
| 108D | Page 39, line 25, leave out subsection (2) |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 46 stand part of the Bill. |
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