British Nationality Act 1981

3 (1) A person born in the United Kingdom or a [F1 British overseas territory] after commencement shall be entitled, on an application for his registration under this paragraph, to be so registered if the following requirements are satisfied in his case, namely— U.K.

(a) that he is and always has been stateless; and

(b) that on the date of the application he F2 . . . was under the age of twenty-two; and

(c) that he was in the United Kingdom or a [F1 British overseas territory](no matter which) at the beginning of the period of five years ending with that date and that (subject to paragraph 6) the number of days on which he was absent from both the United Kingdom and the [F3 British overseas territories] in that period does not exceed 450.

(2) A person entitled to registration under this paragraph—

(a) shall be registered under it as a British citizen if, in the period of five years mentioned in sub-paragraph (1), the number of days wholly or partly spent by him in the United Kingdom exceeds the number of days wholly or partly spent by him in the [F3 British overseas territories];

(b) in any other case, shall be registered under it as a [F4 British overseas territories citizen].

Textual Amendments

F1 Words in Sch. 2 para. 3 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 1(1)(b)

F2 Words in Sch. 2 para. 3(1)(b) repealed (1.4.2003 with effect as mentioned in s. 162(4) of the amending Act) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 8, 161, 162, Sch. 9 (with s. 159); S.I. 2003/754, art. 2, Sch. 1 (with arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, art. 2 and S.I. 2003/1339, art. 4))

F3 Words in Sch. 2 para. 3 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 1(1)(b)

F4 Words in Sch. 2 para. 3(2)(b) substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(b)