British Nationality Act 1981

39 Amendment of Immigration Act 1971

(1) The [1971 c. 77.] Immigration Act 1971 shall be amended in accordance with the following provisions of this section.

(2) For section 2 (statement of right of abode) there shall be substituted—

“2 Statement of right of abode in United Kingdom.

(1) A person is under this Act to have the right of abode in the United Kingdom if—

(a) he is a British citizen ; or

(b) he is a Commonwealth citizen who—

(i) immediately before the commencement of the British Nationality Act 1981 was a Commonwealth citizen having the right of abode in the United Kingdom by virtue of section 2(1)(d) or section 2(2) of this Act as then in force; and

(ii) has not ceased to be a Commonwealth citizen in the meanwhile.

(2) In relation to Commonwealth citizens who have the right of abode in the United Kingdom by virtue of subsection (1)(b) above, this Act, except this section and sections 3(9) and (9A), 5(2) and 13(3), shall apply as if they were British citizens; and in this Act (except as aforesaid) “British citizen ” shall be construed accordingly.”.

(3) For section 3(9) (certificates of patriality) there shall be substituted—

“(9) A person within this subsection seeking to enter the United Kingdom and claiming to have the right of abode there shall prove that he has that right by means of such certificate of entitlement as may be specified in the immigration rules, unless—

(a) he claims to be a British citizen and produces (or is present when there is produced) a United Kingdom passport describing him as such a citizen or a United Kingdom passport describing him as a citizen of the United Kingdom and Colonies having the right of abode in the United Kingdom; or

(b) in the case of a woman falling within subsection (9A)(b) below who claims to be a British citizen as there mentioned by virtue of section 2(2) of this Act as in force immediately before the commencement of the British Nationality Act 1981, she shows that immediately before that commencement she—

(i) was a citizen of the United Kingdom and Colonies; and

(ii) had the right of abode in the United Kingdom by virtue of section 2(2) of this Act, as then in force, apart from any reference therein to section 2(1)(c) or (d) as then in force.

(9A) A person is within subsection (9) above if—

(a) he is not a British citizen ; or

(b) he claims to be a British citizen by virtue of section 11(1) of the British Nationality Act 1981 on the ground that immediately before the commencement of that Act he had the right of abode in the United Kingdom by virtue of section 2(1)(c) or section 2(2) of this Act, as then in force.”.

(4) In section 8 (exceptions for special cases), after subsection (5) there shall be inserted—

“(5A) An order under subsection (2) above may, as regards any person or class of persons to whom it applies, provide for that person or class to be in specified circumstances regarded (notwithstanding the order) as settled in the United Kingdom for the purposes of section 1(1) of the British Nationality Act 1981.”.

(5) For so much of section 13(3) as precedes the words “and a person ” (restriction of right of appeal against decision that leave to enter the United Kingdom is required) there shall be substituted—

“(3) A person within section 3(9) above who does not hold a certificate of entitlement shall not be entitled to appeal on the ground that he has the right of abode in the United Kingdom against a decision that he requires leave to enter the United Kingdom unless—

(a) he claims to be a British citizen and produces (or is present when there is produced) a United Kingdom passport describing him as such a citizen or a United Kingdom passport describing him as a citizen of the United Kingdom and Colonies having the right of abode in the United Kingdom ; or

(b) in the case of such a woman as is mentioned in paragraph (b) of section 3(9) above, she shows that immediately before the commencement of the British Nationality Act 1981 she satisfied the conditions specified in sub-paragraphs (i) and (ii) of that paragraph;”.

(6) Schedule 4 (which contains further amendments of the [1971 c. 77.] Immigration Act 1971) shall have effect.

(7) In section 90 of the [1959 c. 72.] Mental Health Act 1959 and section 82 of the [1960 c. 61.] Mental Health (Scotland) Act 1960 (removal of non-patrial in-patients to places outside the United Kingdom), for the words from “any patient ” to “ 1971 and ” (which were substituted for “any person being an alien ” by section 30(1) of the Immigration Act 1971) there shall be substituted “any patient who is neither a British citizen nor a Commonwealth citizen having the right of abode in the United Kingdom by virtue of section 2(1)(b) of the Immigration Act 1971, being a patient ”.

(8) A certificate of patriality issued under the Immigration Act 1971 and in force immediately before commencement shall have effect after commencement as if it were a certificate of entitlement issued under that Act as amended by this section, unless at commencement the holder ceases to have the right of abode in the United Kingdom.