British Nationality Act 1981

25 Meaning of [F1 British overseas territories citizen]“by descent”. U.K.

(1) For the purposes of this Act a [F1 British overseas territories citizen] is such a citizen “by descent” if and only if—

(a) he is a person born outside the [F2 British overseas territories] after commencement who is a [F1 British overseas territories citizen] by virtue of section 16(1)(a) only or by virtue of registration under section 17(2) or 21; or

(b) subject to subsection (2), he is a person born outside the [F2 British overseas territories] before commencement who became a [F1 British overseas territories citizen] at commencement and immediately before commencement—

(i) was a citizen of the United Kingdom and Colonies by virtue of section 5 of the 1948 Act (citizenship by descent); or

(ii) was a person who, under any provision of the British Nationality Acts 1948 to 1965, was deemed for the purposes of the proviso to section 5(1) of the 1948 Act to be a citizen of the United Kingdom and Colonies by descent only, or would have been so deemed if male; or

(c) he is a [F1 British overseas territories citizen] by virtue of registration under section 17(1) and either—

(i) his father or mother was a [F1 British overseas territories citizen] at the time of the birth; or

(ii) his father or mother was a citizen of the United Kingdom and Colonies at that time and became a [F1 British overseas territories citizen] at commencement, or would have done so but for his or her death; or

[F3 (ca) the person is a British overseas territories citizen by virtue of registration under section 17A; or]

[F4 (cb) the person is a British overseas territories citizen by descent by virtue of section 17C(3), 17D(2), 17E(2) or 17F(5); or]

(d) subject to subsection (2), he is a person born outside the [F2 British overseas territories] before commencement who became a [F1 British overseas territories citizen] at commencement under section 23(1)(b) only; or

(e) subject to subsection (2), being a woman, she became a [F1 British overseas territories citizen] at commencement under section 23(1)(c) only, and did so only by virtue of having been, immediately before commencement or earlier, the wife of a man who immediately after commencement was, or would but for his death have been, a [F1 British overseas territories citizen] by descent by virtue of paragraph (b) or (d) of this subsection; or

(f) subject to subsection (2), being a woman born outside the [F2 British overseas territories] before commencement, she is a [F1 British overseas territories citizen] as a result of her registration as such a citizen under section 20 by virtue of being or having been married to a man who at commencement became such a citizen by descent or would have done so but for his having died or ceased to be a citizen of the United Kingdom and Colonies as a result of a declaration of renunciation; or

(g) he is a [F1 British overseas territories citizen] by virtue of registration under section 22 who, having before commencement ceased to be a citizen of the United Kingdom and Colonies as a result of a declaration of renunciation, would, if he had not so ceased, have at commencement become a [F1 British overseas territories citizen] by descent by virtue of paragraph (b), (d) or (e);

(h) he is a [F1 British overseas territories citizen] by virtue of registration under section 13 (as applied by section 24) who, immediately before he ceased to be a [F1 British overseas territories citizen] as a result of a declaration of renunciation, was such a citizen by descent; or

(i) he is a person born in the United Kingdom after commencement who is a [F1 British overseas territories citizen] by virtue of paragraph 1 of Schedule 2.

(2) A person born outside the [F2 British overseas territories] before commencement is not a [F1 British overseas territories citizen]“by descent” by virtue of subsection (1)(b), (d), (e) or (f) if his father was at the time of his birth serving outside the [F2 British overseas territories] in service of a description mentioned in subsection (3), his recruitment for the service in question having taken place in a [F5 British overseas territory] .

(3) The descriptions of service referred to in subsection (2) are—

(a) Crown service under the government of a [F5 British overseas territory] ; and

(b) service of any description at any time designated under section 16(3).

Textual Amendments

F1 Words in s. 25 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(b)

F2 Words in s. 25 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 1(1)(b)

F3 S. 25(1)(ca) inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 1(3), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 1

F4 S. 25(1)(cb) inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 2(3), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 2

F5 Words in s. 25 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 1(1)(b)