The British Nationality (General) Regulations 2003

Regulation 3

SCHEDULE 2 U.K. PARTICULAR REQUIREMENTS AS RESPECTS APPLICATIONS

[F1 Interpretation U.K.

Textual Amendments

F1 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.

[F2 (a)]  that the applicant’s father or mother became a British citizen, or became settled in the United Kingdom, after the applicant’s birth[F3 ; and

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

Textual Amendments

F2 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)

F3 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)

[F4 Application under section 1(3A) of the Act U.K.

Textual Amendments

F4 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:

[F5 (a)]  that the applicant possesses the requisite qualifications in respect of residence[F6 ; and

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

Textual Amendments

F5 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)

F6 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.

F7 5.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F7 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[F8 ; and

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

Textual Amendments

F8 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[F9 ; and

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

(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

F9 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)

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[F10 ; 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

F10 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[F11 ; and

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

Textual Amendments

F11 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)

[F12 Application under section 4B of the Act U.K.

Textual Amendments

F12 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.]

[F13 Application under section 4C of the Act U.K.

Textual Amendments

F13 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;

(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; and

(d) that he is of good character.]

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

Textual Amendments

F14 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.]

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

Textual Amendments

F15 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), or 3(5) 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, that he is of good character.]

[F15 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; and

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

[F15 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;

(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; and

(c) that the applicant is of good character.]

[F15 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; and

(b) that the applicant is of good character.

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

[F16 (a)]   that the applicant is a British overseas territories citizen who falls to be treated as a national of the United Kingdom for the purposes of the Community Treaties[F17 ; and

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

Textual Amendments

F16 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)

F17 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[F18 , 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.

(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.

[F19 (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

F18 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)

F19 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[F20 , 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 [F21 immigration laws, good character, knowledge of language and knowledge about life in the United Kingdom];

(c) that the applicant is of full capacity.

(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 [F22 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.

[F23 (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

F20 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)

F21 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)

F22 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)

F23 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[F24 ; and

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

Textual Amendments

F24 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.— [F25 (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[F26 , 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[F27 ; and

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

[F28 (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

F25 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)

F26 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)

F27 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)

F28 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.— [F29 (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[F30 ; and

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

[F31 (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

F29 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)

F30 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)

F31 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.— [F32 (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[F33 ; and

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

[F34 (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

F32 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)

F33 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)

F34 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.

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.