The British Nationality (General) (Amendment No. 3) Regulations 2015

Statutory Instruments

2015 No. 1806

Nationality

The British Nationality (General) (Amendment No. 3) Regulations 2015

Made

19th October 2015

Laid before Parliament

22nd October 2015

Coming into force

12th November 2015

The Secretary of State, in exercise of the powers conferred by section 41(1)(a), (b), and (ba), (1A) and (3) of the British Nationality Act 1981(1), makes the following Regulations.

Citation and commencement

1.  These Regulations may be cited as the British Nationality (General) (Amendment No. 3) Regulations 2015 and come into force on 12th November 2015.

Amendments to the British Nationality (General) Regulations 2003

2.  The British Nationality (General) Regulations 2003(2) are amended in accordance with regulations 3 to 8.

3.  In regulation 2(1)(3) (interpretation)—

(a) after the definition of “applicant” insert—

““document certifying permanent residence” has the same meaning as in regulation 2 of the Immigration (European Economic Area) Regulations 2006(4) (“the 2006 Regulations”);”;

(b) after the definition of “immigration rules” insert—

““permanent residence card” has the same meaning as in regulation 2 of the 2006 Regulations;

“residence document issued under the Immigration (European Economic Area) Regulations 2000(5)” has the same meaning as in paragraph 1(a) of Schedule 4 to the 2006 Regulations;

“residence permit issued under the Immigration (European Economic Area) Regulations 2000” has the same meaning as in paragraph 1(a) of Schedule 4 to the 2006 Regulations.”.

4.  In regulation 4(1)(6) (authority to whom application is to be made), omit sub-paragraph (d).

5.  In regulation 5A(1)(a)(7) (knowledge of language and life in the UK), omit “possesses a qualification or”.

6.  In regulation 9(8) (authority to whom declaration of renunciation is to be made), omit paragraph (d).

7.—(1) Schedule 2 (particular requirements as respects applications) is amended as follows.

(2) In paragraph 7 (application under section 4(2)), after sub-paragraph (1) insert—

“(1A) Where the applicant is relying upon a right of permanent residence in the United Kingdom by virtue of an enforceable EU right or any provision made under section 2(2) of the European Communities Act 1972(9) to satisfy the requirement in section 4(2)(c) of the Act, the information showing freedom from immigration restrictions mentioned in sub-paragraph (1) must be in the form of—

(a) a permanent residence card,

(b) a document certifying permanent residence,

(c) a residence document issued under the Immigration (European Economic Area) Regulations 2000 which is endorsed under the immigration rules to show permission to remain in the United Kingdom indefinitely, or

(d) a residence permit issued under the Immigration (European Economic Area) Regulations 2000 which is endorsed under the immigration rules to show permission to remain in the United Kingdom indefinitely.”.

(3) In paragraph 13 (application under section 6(1)), after sub-paragraph (1) insert—

“(1A) Where the applicant is relying upon a right of permanent residence in the United Kingdom by virtue of an enforceable EU right or any provision made under section 2(2) of the European Communities Act 1972 to satisfy the requirement in paragraph 1(2)(c) of Schedule 1 to the Act(10), the information showing freedom from immigration restrictions mentioned in sub-paragraph (1) must be in the form of—

(a) a permanent residence card,

(b) a document certifying permanent residence,

(c) a residence document issued under the Immigration (European Economic Area) Regulations 2000 which is endorsed under the immigration rules to show permission to remain in the United Kingdom indefinitely, or

(d) a residence permit issued under the Immigration (European Economic Area) Regulations 2000 which is endorsed under the immigration rules to show permission to remain in the United Kingdom indefinitely.”.

(4) In paragraph 14 (application under section 6(2)), after sub-paragraph (1) insert—

“(1A) Where the applicant is relying upon a right of permanent residence in the United Kingdom by virtue of an enforceable EU right or any provision made under section 2(2) of the European Communities Act 1972 to satisfy the requirement in paragraph 3(c) of Schedule 1 to the Act(11), the information showing freedom from immigration restrictions mentioned in sub-paragraph (1) must be in the form of—

(a) a permanent residence card,

(b) a document certifying permanent residence,

(c) a residence document issued under the Immigration (European Economic Area) Regulations 2000 which is endorsed under the immigration rules to show permission to remain in the United Kingdom indefinitely, or

(d) a residence permit issued under the Immigration (European Economic Area) Regulations 2000 which is endorsed under the immigration rules to show permission to remain in the United Kingdom indefinitely.”.

8.  In Schedule 2A (specified English language tests and qualifications)(12)—

(a) in the heading to that Schedule, omit “and Qualifications”;

(b) in the heading to paragraph 1, omit “and Qualifications”;

(c) in paragraph 1(1)—

(i) in the introductory wording, omit “and qualifications”;

(ii) omit paragraphs (a) and (b).

James Brokenshire

Minister of State

Home Office

19th October 2015

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the British Nationality (General) Regulations 2003 (S.I. 2003/548) (“the 2003 Regulations”), which detail the procedures and requirements relating to applications in connection with British nationality made under the British Nationality Act 1981 (c. 61) (“the 1981 Act”).

Regulation 4 amends regulation 4 of the 2003 Regulations to require an applicant for registration or naturalisation who is in Hong Kong to make their application to the Secretary of State at the Home Office. Similarly, regulation 5 amends regulation 9 of the 2003 Regulations so that a person making a declaration of renunciation who is in Hong Kong must do so to the Secretary of State at the Home Office.

Regulations 6 and 8 concern the requirement under Schedule 1 to the 1981 Act for a person applying for naturalisation as a British citizen under section 6 of that Act to have sufficient knowledge of the English, Welsh or Scottish Gaelic language. Under regulation 5A of the 2003 Regulations, applicants can demonstrate sufficient knowledge of the English language by possessing a qualification or passing a test specified in Schedule 2A to the 2003 Regulations. Paragraph 1 of Schedule 2A is amended to remove the qualifications specified in sub-paragraphs (a) and (b) and various consequential amendments are made to regulation 5A(1)(a) of, and Schedule 2A to, the 2003 Regulations.

Regulation 7 amends paragraphs 7, 13 and 14 of Schedule 2 to the 2003 Regulations, which set out particular requirements as respects applications under sections 4(2) and 6(1) and (2) of the 1981 Act, respectively. Pursuant to the amended paragraphs, applicants relying upon an EU right of permanent residence in the United Kingdom in order to meet the relevant statutory requirement in the 1981 Act must provide with their application a valid permanent residence card or document certifying permanent residence or a residence permit or residence document issued under the Immigration (European Economic Area) Regulations 2000 which is endorsed under the immigration rules to show permission to remain in the United Kingdom.

An impact assessment has not been produced for this instrument as limited impact on the private or voluntary sector is foreseen.

(1)

1981 c. 61; subsection (1)(ba) and (bb) of section 41 was inserted by section 1(3), and subsection (1A) by section 1(4), of the Nationality, Immigration and Asylum Act 2002 (c. 41).

(2)

S.I. 2003/548, as amended by S.I. 2003/3158, S.I. 2004/1726, S.I. 2004/2109, S.I. 2005/2114, S.I. 2005/2785, S.I. 2007/3137, S.I. 2009/3363, S.I. 2010/785, S.I. 2011/1043, S.I. 2012/1588, S.I. 2013/2541, S.I. 2014/1465, S.I. 2015/681 and S.I. 2015/738.

(3)

Regulation 2(1) was amended by S.I. 2015/738.

(4)

S.I. 2006/1003; regulation 2 was amended by S.I. 2009/1117, S.I. 2011/544, S.I. 2012/1547, S.I. 2012/2560, S.I. 2013/3032, S.I. 2014/1976 and S.I. 2015/694.

(5)

S.I. 2000/2326, as revoked by S.I. 2006/1003 with transitional provisions made in Schedule 4.

(6)

Regulation 4(1) was amended by S.I. 2012/1588.

(7)

Regulation 5A was inserted by S.I. 2004/1726, substituted by S.I. 2005/2785 and S.I. 2013/2541, and amended by S.I. 2015/681.

(8)

Regulation 9 was amended by S.I. 2012/1588.

(9)

1972 c. 68; section 2(2) was amended by section 27(1) of the Legislative and Regulatory Reform Act 2006 (c. 51) and section 3(3) of, and Part 1 of Schedule 1 to, the European Union (Amendment) Act 2008 (c. 7).

(10)

Paragraph 1(2) has been prospectively substituted by section 39(2) of the Borders, Citizenship and Immigration Act 2009 (c. 11).

(11)

Paragraph 3 has been prospectively substituted by section 40(3) of the Borders, Citizenship and Immigration Act 2009.

(12)

Schedule 2A was inserted by S.I. 2013/2541 and amended by S.I. 2014/1465 and S.I. 2015/681.