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British Nationality Act 1981

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Changes over time for: Section 28

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Version Superseded: 07/11/2002

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Status:

Point in time view as at 26/02/2002. This version of this provision has been superseded. Help about Status

Changes to legislation:

British Nationality Act 1981, Section 28 is up to date with all changes known to be in force on or before 08 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

28 Registration by virtue of marriage.U.K.

(1)A woman who immediately before commencement was the wife of a citizen of the United Kingdom and Colonies shall be entitled, on an application for her registration as a British Overseas citizen made within five years after commencement, to be registered as a British Overseas citizen if—

(a)immediately before commencement she would (if she had applied for it) have been entitled under section 6(2) of the 1948 Act to be registered as a citizen of the United Kingdom and Colonies by virtue of her marriage to the man who was then her husband; and

(b)that man became a British Overseas citizen at commencement and did not at any time in the period from commencement to the date of the application under this subsection cease to be such a citizen as a result of a declaration of renunciation; and

(c)she remained married to him throughout that period.

(2)On an application for her registration as a British Overseas citizen made within five years after commencement, the Secretary of State may, if he thinks fit, cause a woman to be registered as such a citizen if—

(a)immediately before commencement she would (if she had applied for it) have been entitled under section 6(2) of the 1948 Act to be registered as a citizen of the United Kingdom and Colonies by virtue of having been married to a man to whom she is no longer married on the date of the application under this subsection; and

(b)that man became a British Overseas citizen at commencement or would have done so but for his death.

(3)On an application for her registration as a British Overseas citizen made within five years after commencement by a woman who at the time of the application is married, the Secretary of State may, if he thinks fit, cause her to be registered as such a citizen if—

(a)immediately before commencement she would (if she had applied for it) have been entitled under section 6(2) of the 1948 Act to be registered as a citizen of the United Kingdom and Colonies by virtue of her being or having been married to the man who is her husband on the date of the application under this subsection; and

(b)that man either—

(i)became a British Overseas citizen at commencement but has ceased to be such a citizen as a result of a declaration of renunciation; or

(ii)would have become a British Overseas citizen at commencement but for his having ceased to be a citizen of the United Kingdom and Colonies as a result of a declaration of renunciation.

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