The British Nationality (General) Regulations 2003

Regulation 3

SCHEDULE 1 U.K. GENERAL REQUIREMENTS AS RESPECTS APPLICATIONS

PART I U.K. All applications

1.  An application shall be made in writing and shall state the name, address and date and place of birth of the applicant. U.K.

2.  An application shall contain a declaration that the particulars stated therein are true. U.K.

PART II U.K. Applications by persons not of full age or capacity

3.  An application in respect of someone not of full age or capacity made by another person on his behalf shall state that that is the case and the name and address of that person. U.K.

4.  An application made by a person on behalf of someone not of full age or capacity shall indicate the nature of that person’s connection with him and, if that person has any responsibility for him otherwise than as a parent, the nature of that responsibility and the manner in which it was assumed. U.K.

[F1 PART III U.K. Applications for a waiver on the basis of physical or mental condition

Textual Amendments

F1 Sch. 1 Pt. 3 inserted (9.8.2018) by The British Nationality (General) (Amendment) Regulations 2018 (S.I. 2018/851), regs. 1(1), 4(2)

5.— (1) This paragraph applies where the applicant seeks a waiver under paragraph 2(1)(e) of Schedule 1 to the British Nationality Act 1981 on the basis of their physical or mental condition. U.K.

(2) A request made under paragraph (1) must be accompanied by—

(a) a statement that the waiver applies and how it applies; and

(b) written confirmation of the matters stated in the statement.

(3) The written confirmation required under sub-paragraph (2)(b) must be—

(a) provided by a registered medical practitioner, who must confirm that the practitioner’s knowledge of the applicant’s age or physical or mental condition derives from having met the applicant in person, and provide the date of their last meeting with the applicant, and

(b) made using the form which appears at Schedule 6 to these Regulations.]

Regulation 3

SCHEDULE 2 U.K. PARTICULAR REQUIREMENTS AS RESPECTS APPLICATIONS

[F2 Interpretation U.K.

Textual Amendments

F2 Sch. 2 para. A1 and cross-heading inserted (6.4.2015) by The British Nationality (General) (Amendment No. 2) Regulations 2015 (S.I. 2015/681), regs. 1, 4(2)

A1.   In this Schedule— U.K.

(a) a reference to a person’s “natural father” is to be construed in accordance with section 4J(1) of the Act;

(b) a reference to a person automatically becoming a British citizen, or a citizen of the United Kingdom and Colonies, is to be construed in accordance with section 4J(4) of the Act.]

Application under section 1(3) of the Act U.K.

1.  An application under section 1(3) of the Act shall contain information showing: U.K.

[F3 (a)] that the applicant’s father or mother became a British citizen, or became settled in the United Kingdom, after the applicant’s birth[F4 ; and

(b) where the applicant is aged 10 or over, that he is of good character.]

Textual Amendments

F3 Words in Sch. 2 para. 1 renumbered as Sch. 2 para. 1(a) (3.12.2007) by The British Nationality (General and Hong Kong) (Amendment) Regulations 2007 (S.I. 2007/3137), regs. 1(1), 4(2)(a)

F4 Sch. 2 para. 1(b) and word inserted (3.12.2007) by The British Nationality (General and Hong Kong) (Amendment) Regulations 2007 (S.I. 2007/3137), regs. 1(1), 4(2)(b)

[F5 Application under section 1(3A) of the Act U.K.

Textual Amendments

F5 Sch. 2 para. 1A and-cross-heading inserted (13.1.2010) by The British Nationality (General) (Amendment) Regulations 2009 (S.I. 2009/3363), regs. 1, 4(1)

1A.   An application under section 1(3A) shall contain information showing— U.K.

(a) that the applicant’s father or mother became a member of the armed forces after the applicant’s birth; and

(b) where the applicant is aged 10 or over, that he is of good character.]

Application under section 1(4) of the Act U.K.

Application under section 1(4) of the Act U.K.

2.  An application under section 1(4) of the Act shall contain information showing:

[F6 (a)]  that the applicant possesses the requisite qualifications in respect of residence[F7 ; and

(b) where the applicant is aged 10 or over, that he is of good character.]

Textual Amendments

F6 Words in Sch. 2 para. 2 renumbered as Sch. 2 para. 2(a) (3.12.2007) by The British Nationality (General and Hong Kong) (Amendment) Regulations 2007 (S.I. 2007/3137), regs. 1(1), 4(2)(a)

F7 Sch. 2 para. 2(b) and word inserted (3.12.2007) by The British Nationality (General and Hong Kong) (Amendment) Regulations 2007 (S.I. 2007/3137), regs. 1(1), 4(2)(b)

3.  If the applicant was absent from the United Kingdom on more than 90 days in all in any one of the first 10 years of his life and it is desired that the application should nevertheless be considered under section 1(7) of the Act, it shall specify the special circumstances to be taken into consideration. U.K.

Application under section 3(2) of the Act U.K.

Application under section 3(2) of the Act U.K.

4.  An application under section 3(2) of the Act shall contain information showing—

(a) that the applicant’s father or mother (“the parent in question”) was a British citizen by descent at the time of the applicant’s birth;

(b) that the father or mother of the parent in question—

(i) was a British citizen otherwise than by descent at the time of the birth of the parent in question; or

(ii) became a British citizen otherwise than by descent at commencement; or

(iii) would have become a British citizen otherwise than by descent at commencement but for his or her death;

(c) either—

(i) that the parent in question possesses the requisite qualifications in respect of residence; or

(ii) that the applicant was born stateless.

F8 5.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F8 Sch. 2 para. 5 omitted (13.1.2010) by virtue of The British Nationality (General) (Amendment) Regulations 2009 (S.I. 2009/3363), regs. 1, 4(2)

Application under section 3(5) of the Act U.K.

6.  An application under section 3(5) of the Act shall contain information showing— U.K.

(a) that the applicant’s father or mother was a British citizen by descent at the time of the applicant’s birth;

(b) that the applicant and his father and mother possess the requisite qualifications in respect of residence;

(c) that the consent of the applicant’s father and/or mother (as required by section 3(5)(c) and (6) of the Act) has been signified in accordance with regulation 14 and, if the consent of one parent only has been signified, the reason for that fact[F9 ; and

(d) where the applicant is aged 10 or over, that he is of good character.]

Textual Amendments

F9 Sch. 2 para. 6(d) and word inserted (3.12.2007) by The British Nationality (General and Hong Kong) (Amendment) Regulations 2007 (S.I. 2007/3137), regs. 1(1), 4(3)

Application under section 4(2) of the Act U.K.

7.—(1) An application under section 4(2) of the Act shall contain information showing— U.K.

(a) that the applicant is a British overseas territories citizen, a British Overseas citizen, a British subject under the Act or a British protected person;

(b) that the applicant possesses the requisite qualifications in respect of residence, freedom from immigration restrictions and compliance with the immigration laws[F10 ; and

(c) where the applicant is aged 10 or over, that he is of good character.]

F11 (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) If the applicant does not possess the requisite qualifications in respect of residence, freedom from immigration restrictions and compliance with the immigration laws and it is desired that the application should nevertheless be considered under section 4(4) of the Act, it shall specify the special circumstances to be taken into consideration.

Textual Amendments

F10 Sch. 2 para. 7(1)(c) and word inserted (3.12.2007) by The British Nationality (General and Hong Kong) (Amendment) Regulations 2007 (S.I. 2007/3137), regs. 1(1), 4(4)

F11 Sch. 2 para. 7(1A) omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 80(5) (with reg. 80(6))

Application under section 4(5) of the Act U.K.

8.—(1) An application under section 4(5) of the Act shall contain information showing— U.K.

(a) that the applicant is a British overseas territories citizen, a British Overseas citizen, a British subject under the Act or a British protected person;

(b) that the applicant possesses the requisite qualifications in respect of service[F12 ; and

(c) where the applicant is aged 10 or over, that he is of good character.]

(2) The application shall specify the special circumstances to be taken into consideration.

Textual Amendments

F12 Sch. 2 para. 8(1)(c) and word inserted (3.12.2007) by The British Nationality (General and Hong Kong) (Amendment) Regulations 2007 (S.I. 2007/3137), regs. 1(1), 4(4)

Application under section 4A of the Act M1 U.K.

Marginal Citations

M1 Section 4A was inserted by section 4 of the British Overseas Territories Act 2002 (c. 8).

9.  An application under section 4A of the Act shall contain information showing— U.K.

(a) that the applicant is a British overseas territories citizen who is not such a citizen by virtue only of a connection with the Sovereign Base Areas of Akrotiri and Dhekelia;

(b) that the applicant has not ceased to be a British citizen as a result of a declaration of renunciation[F13 ; and

(c) where the applicant is aged 10 or over, that he is of good character.]

Textual Amendments

F13 Sch. 2 para. 9(c) and word inserted (3.12.2007) by The British Nationality (General and Hong Kong) (Amendment) Regulations 2007 (S.I. 2007/3137), regs. 1(1), 4(4)

[F14 Application under section 4B of the Act U.K.

Textual Amendments

F14 Sch. 2 para. 10 and-cross-heading substituted (13.1.2010) by The British Nationality (General) (Amendment) Regulations 2009 (S.I. 2009/3363), regs. 1, 4(3)

10.   An application under section 4B of the Act shall contain information showing— U.K.

(a) that the applicant is a British Overseas citizen, a British subject under the Act, a British protected person or a British National (Overseas) and does not have any other citizenship or nationality; and

(b) (i) in the case of an application made by virtue of subsection (1)(a), (b) or (c), that the applicant has not, after 4th July 2002, renounced, voluntarily relinquished or lost through action or inaction, any citizenship or nationality; or

(ii) in the case of an application made by virtue of subsection (1)(d), that the applicant has not, after 19th March 2009, renounced, voluntarily relinquished or lost through action or inaction, any citizenship or nationality.]

[F15 Application under section 4C of the Act U.K.

Textual Amendments

F15 Sch. 2 para. 11 and-cross-heading substituted (13.1.2010) by The British Nationality (General) (Amendment) Regulations 2009 (S.I. 2009/3363), regs. 1, 4(4)

11.   An application under section 4C of the Act shall contain information showing— U.K.

(a) that the applicant was born before 1st January 1983;

(b) that the applicant would at some time before 1st January 1983 have become a citizen of the United Kingdom and Colonies—

(i) under section 5 or 12(2) of, or paragraph 3 of Schedule 3 to, the British Nationality Act 1948 if (as the case may be) that section or paragraph provided for citizenship by descent from a mother in the same terms as it provided for citizenship by descent from a father and if references in that provision to a father were references to the applicant’s mother; or

(ii) under section 12(2), (3), (4) or (5) of the British Nationality Act 1948 if a provision of the law at some time before 1st January 1949, which provided for a nationality status to be acquired by descent from a father, provided in the same terms for its acquisition by descent from a mother and if references in that provision to a father were references to the applicant’s mother; [F16 and]

(c) that immediately before 1st January 1983 the applicant would have had the right of abode in the United Kingdom by virtue of section 2 of the Immigration Act 1971 had he become a citizen of the United Kingdom and Colonies as described in either sub-paragraph (b)(i) or (ii) above; F17 ...

F18 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F16 Word in Sch. 2 para. 11(b) inserted (25.7.2019) by The British Nationality Act 1981 (Remedial) Order 2019 (S.I. 2019/1164), arts. 1(1), 4(2)(a)

F17 Word in Sch. 2 para. 11(c) omitted (25.7.2019) by virtue of The British Nationality Act 1981 (Remedial) Order 2019 (S.I. 2019/1164), arts. 1(1), 4(2)(b)

F18 Sch. 2 para. 11(d) omitted (25.7.2019) by virtue of The British Nationality Act 1981 (Remedial) Order 2019 (S.I. 2019/1164), arts. 1(1), 4(2)(c)

[F19 Application under section 4D of the Act U.K.

Textual Amendments

F19 Sch. 2 para. 11A and-cross-heading inserted (13.1.2010) by The British Nationality (General) (Amendment) Regulations 2009 (S.I. 2009/3363), regs. 1, 4(5)

11A.— (1) An application under section 4D of the Act shall contain information showing— U.K.

(a) that the applicant’s father or mother was a member of the armed forces and serving outside of the United Kingdom and qualifying territories at the time of the applicant’s birth;

(b) that the consent of the applicant’s father and/or mother (as required by section 4D(3) and (4) of the Act) has been signified in accordance with regulation 14 and, if the consent of one parent only has been signified, the reason for that fact; and

(c) where the applicant is aged 10 or over, that he is of good character.

(2) If the application is made without the consent of the applicant’s father and/or mother and it is desired that the application should nevertheless be considered under section 4D(5) of the Act, it shall specify the special circumstances to be taken into consideration.]

[F20 Application under section 4F of the Act U.K.

Textual Amendments

F20 Sch. 2 paras. 11B-11E and cross-headings inserted (6.4.2015) by The British Nationality (General) (Amendment No. 2) Regulations 2015 (S.I. 2015/681), regs. 1, 4(3)

11B.   An application under section 4F of the Act shall contain information showing— U.K.

(a) that the applicant would be entitled to be registered as a British Citizen under section 1(3), 3(2), [F21 3(5) or 4D] of, or paragraph 4 or 5 of Schedule 2 to, the Act, had his mother been married to his natural father at the time of his birth; and

(b) where the applicant is aged 10 or over [F22 and the provision under which the applicant would be entitled to be registered as a British citizen (as mentioned in section 4F(1)(b) of the Act) is section 1(3), 3(2) [F23 , 3(5) or 4D] of the Act], that he is of good character.]

Textual Amendments

F21 Words in Sch. 2 para. 11B(a) substituted (28.6.2022) by The British Nationality (General, British Overseas Territories and Fees) (Amendment) Regulations 2022 (S.I. 2022/602), regs. 1(2), 2(2)(a)(i)

F22 Words in Sch. 2 para. 11B(b) inserted (25.7.2019) by The British Nationality Act 1981 (Remedial) Order 2019 (S.I. 2019/1164), arts. 1(1), 4(3)

F23 Words in Sch. 2 para. 11B(b) substituted (28.6.2022) by The British Nationality (General, British Overseas Territories and Fees) (Amendment) Regulations 2022 (S.I. 2022/602), regs. 1(2), 2(2)(a)(ii)

[F20 Application under section 4G of the Act U.K.

11C.   An application under section 4G of the Act shall contain information showing— U.K.

(a) that the applicant would have automatically become a British citizen by birth by operation of any provision of the Act or the British Nationality (Falkland Islands) Act 1983 (“the 1983 Act”), at any time in the period after commencement of the Act or (as the case may be) the 1983 Act, had his mother been married to his natural father at the time of his birth; F24 ...

F25 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F24 Word in Sch. 2 para. 11C(a) omitted (25.7.2019) by virtue of The British Nationality Act 1981 (Remedial) Order 2019 (S.I. 2019/1164), arts. 1(1), 4(4)(a)

F25 Sch. 2 para. 11C(b) omitted (25.7.2019) by virtue of The British Nationality Act 1981 (Remedial) Order 2019 (S.I. 2019/1164), arts. 1(1), 4(4)(b)

[F20 Application under section 4H of the Act U.K.

11D.   An application under section 4H of the Act shall contain information showing— U.K.

(a) that the applicant was a citizen of the United Kingdom and Colonies immediately before commencement of the Act; [F26 and]

(b) that the applicant would have automatically become a British citizen at commencement of the Act, by the operation of any provision of the Act, had his mother been married to his natural father at the time of his birth; F27 ...

F28 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F26 Word in Sch. 2 para. 11D(a) inserted (25.7.2019) by The British Nationality Act 1981 (Remedial) Order 2019 (S.I. 2019/1164), arts. 1(1), 4(5)(a)

F27 Word in Sch. 2 para. 11D(b) omitted (25.7.2019) by virtue of The British Nationality Act 1981 (Remedial) Order 2019 (S.I. 2019/1164), arts. 1(1), 4(5)(b)

F28 Sch. 2 para. 11D(c) omitted (25.7.2019) by virtue of The British Nationality Act 1981 (Remedial) Order 2019 (S.I. 2019/1164), arts. 1(1), 4(5)(c)

[F20 Application under section 4I of the Act U.K.

11E.— (1) An application under section 4I of the Act shall contain information showing— U.K.

(a) that the applicant—

(i) ceased to be a British subject or a citizen of the United Kingdom and Colonies by virtue of the commencement of any independence legislation, but would not have done so had his mother been married to his natural father at the time of his birth;

(ii) was a British subject who did not automatically become a citizen of the United Kingdom and Colonies at commencement of the British Nationality Act 1948 by the operation of any provision of it, but would have done so had his mother been married to his natural father at the time of his birth; or

(iii) would have automatically become a British subject or citizen of the United Kingdom and Colonies at birth or by virtue of paragraph 3 of Schedule 3 to the British Nationality Act 1948, had his mother been married to his natural father at the time of his birth; F29 ...

F30 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In this paragraph, “British subject” and “independence legislation” have the same meaning as in section 4I(7) of the Act.]

Textual Amendments

F29 Word in Sch. 2 para. 11E(1)(a)(iii) omitted (25.7.2019) by virtue of The British Nationality Act 1981 (Remedial) Order 2019 (S.I. 2019/1164), arts. 1(1), 4(6)(a)

F30 Sch. 2 para. 11E(1)(b) omitted (25.7.2019) by virtue of The British Nationality Act 1981 (Remedial) Order 2019 (S.I. 2019/1164), arts. 1(1), 4(6)(b)

[F31 Application under section 4K of the Act U.K.

Textual Amendments

F31 Sch. 2 paras. 11F, 11G and cross-headings inserted (28.6.2022) by The British Nationality (General, British Overseas Territories and Fees) (Amendment) Regulations 2022 (S.I. 2022/602), regs. 1(2), 2(2)(b)

11F.   An application under section 4K of the Act must contain information showing— U.K.

(a) that the applicant—

(i) is entitled to be registered as a British overseas territories citizen under section 17A, 17C, 17D, 17E [F32 , 17F or 17H] of the Act, otherwise than by virtue only of a connection with the Sovereign Base Areas of Akrotiri and Dhekelia, or

(ii) would be entitled to be registered as a British overseas territories citizen under any of those sections, otherwise than by virtue only of a connection with the Sovereign Base Areas of Akrotiri and Dhekelia, but for the fact that the applicant has already become a British overseas territories citizen under a different provision, and

(b) where the applicant is aged 10 or over and the provision under which the applicant would be entitled to be registered as a British overseas territories citizen (as mentioned in section 17C(1)(b) of the Act) is section 15(3) or 17(2) or (5) of the Act, that the applicant is of good character.

Textual Amendments

F32 Words in Sch. 2 para. 11F(a)(i) substituted (23.11.2022) by The British Nationality (General, British Overseas Territories and Fees) (Amendment) Regulations 2022 (S.I. 2022/602), regs. 1(3)(a), 2(2)(c); S.I. 2022/1056, reg. 2(a)

Application under section 4L of the Act U.K.

11G.— (1) An application under section 4L of the Act must specify the information to be considered by the Secretary of State in forming an opinion under section 4L of the Act about whether the applicant would have been, or would have been able to become, a British citizen but for— U.K.

(a) historical legislative unfairness,

(b) an act or omission of a public authority, or

(c) exceptional circumstances relating to the applicant.

(2) The application must contain information showing that the applicant is of full capacity.

(3) Where sub-paragraph (4) applies, the application must also—

(a) contain information showing that the applicant is of good character, or

(b) specify why the Secretary of State should not take into account whether the applicant is of good character in considering whether to grant the application.

(4) This sub-paragraph applies where—

(a) the application is made on the basis that the applicant would have been able to become a British citizen but for a matter mentioned in paragraph (a), (b) or (c) of sub-paragraph (1), and

(b) the process by which the applicant would have been able to become a British citizen would have involved the Secretary of State being required, under section 41A of the Act, to be satisfied that the applicant was of good character.

(5) In this paragraph, “historical legislative unfairness” and “public authority” have the same meaning as in section 4L of the Act.]

Application under section 5 of the Act U.K.

12.  An application under section 5 of the Act shall contain information showing: U.K.

[F33 (a)]   that the applicant is a British overseas territories citizen who falls to be treated as a national of the United Kingdom [F34 by virtue of a connection with Gibraltar][F35 ; and

(b) where the applicant is aged 10 or over, that he is of good character.]

Textual Amendments

F33 Words in Sch. 2 para. 12 renumbered as Sch. 2 para. 12(a) (3.12.2007) by The British Nationality (General and Hong Kong) (Amendment) Regulations 2007 (S.I. 2007/3137), regs. 1(1), 4(2)(a)

F34 Words in Sch. 2 para. 12(a) substituted (31.12.2020) by The Immigration, Nationality and Asylum (EU Exit) Regulations 2019 (S.I. 2019/745), regs. 1(2), 30(6)(b); 2020 c. 1, Sch. 5 para. 1(1)

F35 Sch. 2 para. 12(b) and word inserted (3.12.2007) by The British Nationality (General and Hong Kong) (Amendment) Regulations 2007 (S.I. 2007/3137), regs. 1(1), 4(2)(b)

Application under section 6(1) U.K.

13.—(1) An application under section 6(1) of the Act shall contain information showing— U.K.

(a) that the applicant possesses the requisite qualifications in respect of residence or Crown service, freedom from immigration restrictions, compliance with the immigration laws, good character, knowledge of language[F36 , knowledge about life in the United Kingdom] and intention with respect to residence or occupation in the event of a certificate of naturalisation being granted to him;

(b) that the applicant is of full capacity.

F37 (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) If the applicant does not possess the requisite qualifications in respect of residence, freedom from immigration restrictions, compliance with the immigration laws and knowledge of language and it is desired that the application should nevertheless be considered under paragraph 2 of Schedule 1 to the Act, it shall specify the special circumstances to be taken into consideration.

[F38 (3) If the applicant is not of full capacity and it is desired that the requirement of full capacity be waived in accordance with section 44A of the Act (waiver of requirement for full capacity), the application shall specify why it would be in the applicant’s best interests for the requirement to be waived in his case.]

Textual Amendments

F36 Words in Sch. 2 para. 13(1)(a) inserted (1.11.2005) by The British Nationality (General) (Amendment) Regulations 2005 (S.I. 2005/2785), regs. 1(2), 4(a)

F37 Sch. 2 para. 13(1A) omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 80(5) (with reg. 80(6))

F38 Sch. 2 para. 13(3) inserted (3.12.2007) by The British Nationality (General and Hong Kong) (Amendment) Regulations 2007 (S.I. 2007/3137), regs. 1(1), 4(5)

Application under section 6(2) of the Act U.K.

14.—(1) An application under section 6(2) of the Act shall contain information showing— U.K.

(a) that the applicant is married to[F39 , or is the civil partner of,] a British citizen;

(b) that the applicant possesses the requisite qualifications in respect of residence, freedom from immigration restrictions, compliance with the [F40 immigration laws, good character, knowledge of language and knowledge about life in the United Kingdom];

(c) that the applicant is of full capacity.

F41 (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) If the applicant does not possess the requisite qualifications in respect of residence and compliance with the immigration laws and it is desired that the application should nevertheless be considered under paragraph 4 of Schedule 1 to the Act, it shall specify the special circumstances to be taken into consideration.

(3) If the applicant does not possess the requisite qualifications in respect of residence and it is desired that the application should nevertheless be considered under paragraph 4(d) of Schedule 1 to the Act on the grounds of marriage to [F42 or civil partnership with] a person who is serving in Crown Service under the government of the United Kingdom or other designated service, it shall specify the nature of the service and contain information showing that recruitment for that service took place in the United Kingdom.

[F43 (4) If the applicant is not of full capacity and it is desired that the requirement of full capacity be waived in accordance with section 44A of the Act (waiver of requirement for full capacity), the application shall specify why it would be in the applicant’s best interests for the requirement to be waived in his case.]

Textual Amendments

F39 Words in Sch. 2 para. 14(1)(a) inserted (5.12.2005) by The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005 (S.I. 2005/2114), art. 1, Sch. 13 para. 5(2)(a)

F40 Words in Sch. 2 para. 14(1)(b) substituted (1.11.2005) by The British Nationality (General) (Amendment) Regulations 2005 (S.I. 2005/2785), regs. 1(2), 4(b)

F41 Sch. 2 para. 14(1A) omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 80(5) (with reg. 80(6))

F42 Words in Sch. 2 para. 14(3) inserted (5.12.2005) by The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005 (S.I. 2005/2114), art. 1, Sch. 13 para. 5(2)(b)

F43 Sch. 2 para. 14(4) inserted (3.12.2007) by The British Nationality (General and Hong Kong) (Amendment) Regulations 2007 (S.I. 2007/3137), regs. 1(1), 4(6)

Application under section 10(1) of the Act U.K.

15.  An application under section 10(1) of the Act shall contain information showing— U.K.

(a) that the applicant renounced citizenship of the United Kingdom and Colonies;

(b) that at the time when he renounced it the applicant was, or was about to become, a citizen of a country mentioned in section 1(3) of the British Nationality Act 1948;

(c) that the applicant could not have remained or become such a citizen but for renouncing it or had reasonable cause to believe that he would be deprived of his citizenship of that country unless he renounced it;

(d) that the applicant possessed the requisite qualifying connection with the United Kingdom immediately before commencement or was married before commencement to a person who possessed the requisite qualifying connection with the United Kingdom immediately before commencement or would if living have possessed such a connection;

(e) that the applicant has not previously been registered under section 10(1) of the Act[F44 ; and

(f) where the applicant is aged 10 or over, that he is of good character.]

Textual Amendments

F44 Sch. 2 para. 15(f) and word inserted (3.12.2007) by The British Nationality (General and Hong Kong) (Amendment) Regulations 2007 (S.I. 2007/3137), regs. 1(1), 4(7)

Application under section 10(2) of the Act U.K.

16.— [F45 (1)] An application under section 10(2) of the Act shall contain information showing— U.K.

(a) that the applicant has renounced citizenship of the United Kingdom and Colonies and his reason for so doing;

(b) that the applicant possesses the requisite qualifying connection with the United Kingdom or has been married to[F46 , or has been the civil partner of,] a person who has, or would if living have, such a connection;

(c) that the applicant is of full capacity[F47 ; and

(d) where the applicant is aged 10 or over, that he is of good character.]

[F48 (2) If the applicant is not of full capacity and it is desired that the requirement of full capacity be waived in accordance with section 44A of the Act (waiver of requirement for full capacity), the application shall specify why it would be in the applicant’s best interests for the requirement to be waived in his case.]

Textual Amendments

F45 Sch. 2 para. 16 renumbered as Sch. 2 para. 16(1) (3.12.2007) by The British Nationality (General and Hong Kong) (Amendment) Regulations 2007 (S.I. 2007/3137), regs. 1(1), 4(8)(a)

F46 Words in Sch. 2 para. 16(b) inserted (5.12.2005) by The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005 (S.I. 2005/2114), art. 1, Sch. 13 para. 5(2)(c)

F47 Sch. 2 para. 16(1)(d) and word inserted (3.12.2007) by The British Nationality (General and Hong Kong) (Amendment) Regulations 2007 (S.I. 2007/3137), regs. 1(1), 4(8)(b)

F48 Sch. 2 para. 16(2) inserted (3.12.2007) by The British Nationality (General and Hong Kong) (Amendment) Regulations 2007 (S.I. 2007/3137), regs. 1(1), 4(8)(c)

Application under section 13(1) of the Act U.K.

17.— [F49 (1)]  An application under section 13(1) of the Act shall contain information showing— U.K.

(a) that the applicant has renounced British citizenship;

(b) that, at the time when he renounced it, the applicant had or was about to acquire some other citizenship or nationality;

(c) that the renunciation of British citizenship was necessary to enable him to retain or acquire that other citizenship or nationality;

(d) that the applicant has not previously been registered under section 13(1) of the Act;

(e) that the applicant is of full capacity[F50 ; and

(f) where the applicant is aged 10 or over, that he is of good character.]

[F51 (2) If the applicant is not of full capacity and it is desired that the requirement of full capacity be waived in accordance with section 44A of the Act (waiver of requirement for full capacity), the application shall specify why it would be in the applicant’s best interests for the requirement to be waived in his case.]

Textual Amendments

F49 Sch. 2 para. 17 renumbered as Sch. 2 para. 17(1) (3.12.2007) by The British Nationality (General and Hong Kong) (Amendment) Regulations 2007 (S.I. 2007/3137), regs. 1(1), 4(9)(a)

F50 Sch. 2 para. 17(1)(f) and word inserted (3.12.2007) by The British Nationality (General and Hong Kong) (Amendment) Regulations 2007 (S.I. 2007/3137), regs. 1(1), 4(9)(b)

F51 Sch. 2 para. 17(2) inserted (3.12.2007) by The British Nationality (General and Hong Kong) (Amendment) Regulations 2007 (S.I. 2007/3137), regs. 1(1), 4(9)(c)

Application under section 13(3) of the Act U.K.

18.— [F52 (1)]  An application under section 13(3) of the Act shall contain information showing— U.K.

(a) that the applicant has renounced British citizenship and his reason for so doing;

(b) that the applicant is of full capacity[F53 ; and

(c) where the applicant is aged 10 or over, that he is of good character.]

[F54 (2) If the applicant is not of full capacity and it is desired that the requirement of full capacity be waived in accordance with section 44A of the Act (waiver of requirement for full capacity), the application shall specify why it would be in the applicant’s best interests for the requirement to be waived in his case.]

Textual Amendments

F52 Sch. 2 para. 18 renumbered as Sch. 2 para. 18(1) (3.12.2007) by The British Nationality (General and Hong Kong) (Amendment) Regulations 2007 (S.I. 2007/3137), regs. 1(1), 4(10)(a)

F53 Sch. 2 para. 18(1)(c) and word inserted (3.12.2007) by The British Nationality (General and Hong Kong) (Amendment) Regulations 2007 (S.I. 2007/3137), regs. 1(1), 4(10)(b)

F54 Sch. 2 para. 18(2) inserted (3.12.2007) by The British Nationality (General and Hong Kong) (Amendment) Regulations 2007 (S.I. 2007/3137), regs. 1(1), 4(10)(c)

Application under paragraph 3 of Schedule 2 to the Act U.K.

19.—(1) An application under paragraph 3 of Schedule 2 to the Act shall contain information showing— U.K.

(a) that the applicant is and always has been stateless;

(b) that the applicant seeks British citizenship and possesses the requisite qualifications in respect of residence.

(2) If the applicant does not possess the requisite qualifications in respect of residence and it is desired that the application should nevertheless be considered under paragraph 6 of Schedule 2 to the Act, it shall specify the special circumstances to be taken into consideration.

[F55 Application under paragraph 3A of Schedule 2 to the Act U.K.

Textual Amendments

F55 Sch. 2 para. 19A and cross-heading inserted (28.6.2022) by The British Nationality (General, British Overseas Territories and Fees) (Amendment) Regulations 2022 (S.I. 2022/602), regs. 1(2), 2(2)(d)

19A.— (1) An application under paragraph 3A of Schedule 2 to the Act must contain information showing— U.K.

(a) that the applicant is and always has been stateless,

(b) that the applicant seeks British citizenship and possesses the requisite qualifications in respect of residence, and

(c) that the applicant is unable to acquire another nationality in accordance with sub-paragraph (2).

(2) A person is able to acquire a nationality in accordance with this sub-paragraph if—

(a) the nationality is the same as that of one of the person’s parents,

(b) the person has been entitled to acquire the nationality since birth, and

(c) in all the circumstances, it is reasonable to expect the person (or someone acting on the person’s behalf) to take the steps which would enable the person to acquire the nationality in question.

(3) For the purposes of sub-paragraph (2)(b), a person is not entitled to acquire a nationality if its acquisition is conditional on the exercise of a discretion on the part of the country or territory in question.

(4) If the applicant does not possess the requisite qualifications in respect of residence and it is desired that the application should nevertheless be considered under paragraph 6 of Schedule 2 to the Act, the application must specify the special considerations to be taken into consideration.]

Application under paragraph 4 of Schedule 2 U.K.

20.—(1) An application under paragraph 4 of Schedule 2 to the Act shall contain information showing— U.K.

(a) that the applicant is and always has been stateless;

(b) in respect of both the father and mother of the applicant, which of the following statuses, namely, British citizenship, British overseas territories citizenship, British Overseas citizenship or the status of a British subject under the Act, was held at the time of the applicant’s birth;

(c) that the applicant possesses the requisite qualifications in respect of residence;

(d) if more than one of the statuses mentioned in sub-paragraph (b) above are available to the applicant, which status or statuses is or are wanted.

(2) If the applicant does not possess the requisite qualifications in respect of residence and it is desired that the application should nevertheless be considered under paragraph 6 of Schedule 2 to the Act, it shall specify the special circumstances to be taken into consideration.

Application under paragraph 5 of Schedule 2 U.K.

21.  An application under paragraph 5 of Schedule 2 to the Act shall contain information showing— U.K.

(a) that the applicant is and always has been stateless;

(b) if he was not born at a place which is at the date of the application within the United Kingdom and British overseas territories—

(i) that the applicant’s mother was a citizen of the United Kingdom and Colonies at the time of his birth; or

(ii) that he possesses the requisite qualifications in respect of parentage or residence and parentage;

(c) that the applicant seeks British citizenship or British Overseas citizenship and that that citizenship is available to the applicant in accordance with paragraph 5(2) of Schedule 2 to the Act.

Regulation 5A

[F56 SCHEDULE 2A U.K. SPECIFIED ENGLISH LANGUAGE TESTS F57 ... AND ENGLISH SPEAKING COUNTRIES

Textual Amendments

F56 Sch. 2A inserted (28.10.2013) by The British Nationality (General) (Amendment) Regulations 2013 (S.I. 2013/2541), regs. 1, 4

F57 Words in Sch. 2A heading omitted (12.11.2015) by virtue of The British Nationality (General) (Amendment No. 3) Regulations 2015 (S.I. 2015/1806), regs. 1, 8(a)

Specified English Language Tests F58 ... U.K.

F59 1.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F58 Words in Sch. 2A para. 1 heading omitted (12.11.2015) by virtue of The British Nationality (General) (Amendment No. 3) Regulations 2015 (S.I. 2015/1806), regs. 1, 8(b)

F59 Sch. 2A para. 1 omitted (1.10.2019) by virtue of The British Nationality (General) (Amendment) Regulations 2019 (S.I. 2019/1242), regs. 1(1), 2(3)

Specified English Speaking Countries U.K.

2.   The following countries are specified English speaking countries for the purposes of regulation 5A(1)(b)(ii) and (e)—

(a) Antigua and Barbuda;

(b) Australia;

(c) the Bahamas;

(d) Barbados;

(e) Belize;

(f) Canada;

(g) Dominica;

(h) Grenada;

(i) Guyana;

(j) Jamaica;

[F60 (ja) Malta;]

(k) New Zealand;

(l) the Republic of Ireland;

(m) Saint Christopher and Nevis;

(n) Saint Lucia;

(o) Saint Vincent and the Grenadines;

(p) Trinidad and Tobago; or

(q) the United States of America.]

Textual Amendments

F60 Sch. 2A para. 2(ja) inserted (1.12.2020) by The British Nationality (General) (Amendment) Regulations 2020 (S.I. 2020/1141), regs. 1(1), 3(2)

Regulation 5A

[F61 SCHEDULE 2B U.K. CERTAIN MEMBERS OF THE COMMONWEALTH AND BRITISH OVERSEAS TERRITORIES ETC.

Textual Amendments

F61 Sch. 2B inserted (30.5.2018) by The Immigration and Nationality (Requirements for Naturalisation and Fees) (Amendment) Regulations 2018 (S.I. 2018/618), reg. 1(2), Sch.

• Anguilla

• Antigua and Barbuda

• Australia

• The Bahamas

• Bangladesh

• Barbados

• Belize

• Bermuda

• Botswana

• British Antarctic Territory

• British Indian Ocean Territory

• Brunei

• Canada

• Cayman Islands

• Cyprus, but excluding the Sovereign Base Areas of Akrotiri and Dhekelia (that is to say the areas mentioned in section 2(1) of the Cyprus Act 1960)

• Dominica

• Falkland Islands

• Fiji

• The Gambia

• Ghana

• Gibraltar

• Grenada

• Guyana

• Hong Kong

• India

• Jamaica

• Kenya

• Kiribati

• Lesotho

• Malawi

• Malaysia

• Maldives

• Malta

• Mauritius

• Montserrat

• Namibia

• Nauru

• New Zealand

• Nigeria

• Pakistan

• Papua New Guinea

• Pitcairn, Henderson, Ducie and Oeno Islands

• Saint Christopher and Nevis

• Saint Helena, Ascension and Tristan da Cunha

• Saint Lucia

• Saint Vincent and the Grenadines

• Samoa

• Seychelles

• Sierra Leone

• Singapore

• Solomon Islands

• South Georgia and the South Sandwich Islands

• South Africa

• Sri Lanka

• Swaziland

• Tanzania

• Tonga

• Trinidad and Tobago

• Turks and Caicos Islands

• Tuvalu

• Uganda

• Vanuatu

• Virgin Islands

• Zambia

• Zimbabwe]

Regulation 6

SCHEDULE 3 U.K. ADMINISTRATION OF [F62 CITIZENSHIP OATH OR PLEDGE]

Textual Amendments

F62 Words in Sch. 3 heading substituted (1.1.2004) by The British Nationality (General) (Amendment) Regulations 2003 (S.I. 2003/3158), regs. 1, 5(a)

1.  Subject to [F63 paragraphs 2 and 3], [F63 a citizenship oath or pledge] shall be administered by one of the following persons: U.K.

(a) in England and Wales or Northern Ireland—any justice of the peace, commissioner for oaths or notary public;

(b) in Scotland—any sheriff principal, sheriff, justice of the peace or notary public;

(c) in the Channel Islands, the Isle of Man or any British overseas territory—any judge of any court of civil or criminal jurisdiction, any justice of the peace or magistrate, or any person for the time being authorised by the law of the place where the applicant, declarant or deponent is, to administer an oath for any judicial or other legal purpose;

(d) in any country mentioned in Schedule 3 to the Act of which Her Majesty is Queen, or in any territory administered by the government of any such country—any person for the time being authorised by the law of the place where the deponent is to administer an oath for any judicial or other legal purpose, any consular officer or any established officer of the Diplomatic Service of Her Majesty’s Government in the United Kingdom;

(e) elsewhere—any consular officer, any established officer of the Diplomatic Service of Her Majesty’s Government in the United Kingdom or any person authorised by the Secretary of State in that behalf.

Textual Amendments

F63 Words in Sch. 3 para. 1 substituted (1.1.2004) by The British Nationality (General) (Amendment) Regulations 2003 (S.I. 2003/3158), regs. 1, 5(b)

2.  If the deponent is serving in Her Majesty’s naval, military or air forces, the oath [F64 or pledge] may be administered by any officer holding a commission in any of those forces, whether the oath [F64 or pledge] is made F65 ...in the United Kingdom or elsewhere. U.K.

Textual Amendments

F64 Words in Sch. 3 para. 2 inserted (1.1.2004) by The British Nationality (General) (Amendment) Regulations 2003 (S.I. 2003/3158), regs. 1, 5(c)

F65 Words in Sch. 3 para. 2 omitted (1.1.2004) by virtue of The British Nationality (General) (Amendment) Regulations 2003 (S.I. 2003/3158), regs. 1, 5(c)

[F66 3.   Where a citizenship oath and pledge is required by section 42 of the Act to be made at a citizenship ceremony, it shall be administered at the ceremony: U.K.

(a) in the case of a ceremony held in England, Wales or Scotland, by a registrar (within the meaning of section 41(3B) of the Act); and

(b) in the case of a ceremony held elsewhere, by a person authorised to do so by the Secretary of State.]

Textual Amendments

F66 Sch. 3 para. 3 inserted (1.1.2004) by The British Nationality (General) (Amendment) Regulations 2003 (S.I. 2003/3158), regs. 1, 5(d)

Regulation 7

F67 SCHEDULE 4 U.K. FORM OF CERTIFICATE OF NATURALISATION AS A BRITISH CITIZEN

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F67 Sch. 4 omitted (3.12.2007) by virtue of The British Nationality (General and Hong Kong) (Amendment) Regulations 2007 (S.I. 2007/3137), regs. 1(1), 5

Regulation 8

SCHEDULE 5 U.K. REQUIREMENTS AS RESPECTS DECLARATIONS OF RENUNCIATION

1.  A declaration shall be made in writing and shall state the name, address, date and place of birth of the declarant. U.K.

2.  A declaration shall contain information showing that the declarant— U.K.

(a) is a British citizen, British Overseas citizen or British subject, as the case may be;

(b) is of full age or, if not, has been married [F68 or has been a civil partner];

(c) is of full capacity;

(d) will, after the registration of the declaration, have or acquire some citizenship or nationality other than British citizenship, British Overseas citizenship or British subject status, as the case may be.

Textual Amendments

F68 Words in Sch. 5 para. 2(b) inserted (5.12.2005) by The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005 (S.I. 2005/2114), art. 1, Sch. 13 para. 5(3)

[F69 2A.   If the declarant is not of full capacity and it is desired that the requirement of full capacity be waived in accordance with section 44A of the Act (waiver of requirement for full capacity), the declaration shall specify why it would be in the applicant’s best interests for the requirement to be waived in his case.] U.K.

Textual Amendments

F69 Sch. 5 para. 2A inserted (3.12.2007) by The British Nationality (General and Hong Kong) (Amendment) Regulations 2007 (S.I. 2007/3137), regs. 1(1), 6

3.  A declaration shall contain a declaration that the particulars stated therein are true. U.K.

Paragraph 5 of Schedule 1

[F70 SCHEDULE 6 U.K. Waiver request for the knowledge of language and life in the UK requirement — medical opinion

Textual Amendments

F70 Sch. 6 inserted (9.8.2018) by The British Nationality (General) (Amendment) Regulations 2018 (S.I. 2018/851), reg. 1(1), Sch.

.]