Paragraphs 71 to 78 – British Nationality Act 1981 (c. 61)
981.Paragraphs 71 to 78 make consequential amendments to the British Nationality Act 1981. The effect is to place civil partners in the same position as spouses in terms of eligibility to acquire or resume British nationality by registration or naturalisation and the ability to renounce British nationality. Thus:
An applicant for naturalisation who is the civil partner of a British citizen or a British overseas territories citizen will be subject to the less onerous requirements, in terms of residence etc, that currently apply in the case of husbands and wives of British citizens and British overseas territories citizens (sections 6(2) and 18(2) and paragraphs 4(d) and 8(d) of Schedule 1);
A person seeking to resume British nationality, having previously renounced it pre-1983, may rely on his or her civil partner’s connections with the United Kingdom or, as the case may be, with a British overseas territory (sections 10(2)(b) and 22(2)(b));
A person who is or has been a civil partner will be able to renounce British nationality notwithstanding that he or she is still a minor (section 12(5)); and
Provisions relating to the registration as a British citizen or British overseas territories citizen of a minor whose parents’ marriage has been terminated will include corresponding references to the termination of the parents’ civil partnership (sections 3(6)(a) and 17(6)(a)).
