British Nationality Act 1981

Part IBritish Citizenship

Acquisition after commencement

1Acquisition by birth or adoption.

2Acquisition by descent.

3Acquisition by registration: minors.

4Acquisition by registration: British overseas territories citizens etc.

4AAcquisition by registration: further provision for British overseas territories citizens

4BAcquisition by registration: certain persons without other citizenship

4CAcquisition by registration: certain persons born before 1983

4DAcquisition by registration: children of members of the armed forces

4EThe general conditions

4FPerson unable to be registered under other provisions of this Act

4GPerson unable to become citizen automatically after commencement

4HCitizen of UK and colonies unable to become citizen at commencement

4IOther person unable to become citizen at commencement

4JSections 4E to 4I: supplementary provision

4KAcquisition by registration: certain British overseas territories citizens

4LAcquisition by registration: special circumstances

5Acquisition by registration: British overseas territories citizens having connection with Gibraltar

6Acquisition by naturalisation.

Acquisition after commencement: special cases

7Right to registration by virtue of residence in U.K. or relevant employment.

8Registration by virtue of marriage.

9Right to registration by virtue of father’s citizenship etc.

10Registration following renunciation of citizenship of U.K. and Colonies.

10AAcquisition in connection with immigration rules Appendix EU

Acquisition at commencement

11Citizens of U.K. and Colonies who are to become British citizens at commencement.

Renunciation and resumption

12Renunciation.

14Meaning of British citizen (by descent).

Part IIBritish overseas territories citizenship

Acquisition after commencement

15Acquisition by birth or adoption.

16Acquisition by descent.

17Acquisition by registration: minors.

17ARegistration: remedying inability of mothers to transmit citizenship

17BRegistration: unmarried fathers; the general conditions

17CPerson unable to be registered under other provisions of this Act

17DPerson unable to become citizen automatically after commencement

17ECitizen of UK and Colonies unable to become citizen at commencement

17FOther person unable to become citizen at commencement

17GSections 17B to 17F: supplementary provision

17HAcquisition by registration: descendants of those born in British Indian Ocean Territory

17IAcquisition by registration: special circumstances

18Acquisition by naturalisation.

Acquisition after commencement: special cases

19Right to registration by virtue of residence in British overseas territory.

20Registration by virtue of marriage.

21Right to registration by virtue of father’s citizenship etc.

22Right to registration replacing right to resume citizenship of U.K. and Colonies.

Acquisition at commencement

23Citizens of U.K. and Colonies who are to become British overseas territories citizens at commencement.

Renunciation and resumption

24Renunciation and resumption.

25Meaning of British overseas territories citizen“by descent”.

Part IIIBritish Overseas Citizenship

26Citizens of U.K. and Colonies who are to become British Overseas citizens at commencement.

27Registration of minors.

28Registration by virtue of marriage.

29Renunciation.

Part IVBritish Subjects

30Continuance as British subjects of existing British subjects of certain descriptions.

31Continuance as British subjects of certain former citizens of Eire.

32Registration of minors.

33Registration of certain alien women entitled to registration as British subjects immediately before commencement.

34Renunciation.

35Circumstances in which British subjects are to lose that status.

Part VMiscellaneous and Supplementary

36Provisions for reducing statelessness.

37Commonwealth citizenship.

38British protected persons.

39Amendment of Immigration Act 1971.

40Deprivation of citizenship.

40ADeprivation of citizenship: appeal

40BReview of power under section 40(4A)

41Regulations and Orders in Council.

41ARegistration: requirement to be of good character

42Registration and naturalisation: citizenship ceremony, oath and pledge

42ARegistration and naturalisation: fee

42BRegistration and naturalisation: timing

43Exercise of functions of Secretary of State by Governors and others.

44Decisions involving exercise of discretion.

44AWaiver of requirement for full capacity

46Offences and proceedings.

47Legitimated children.

48Posthumous children.

49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

50Interpretation.

50AMeaning of references to being in breach of immigration laws

50BImmigration restrictions to be disregarded in certain cases

51Meaning of certain expressions relating to nationality in other Acts and instruments.

52Consequential amendments, transitional provisions, repeals and savings.

53Citation, commencement and extent.

SCHEDULE 1 Requirements for Naturalisation

Naturalisation as a British citizen under section 6(1)

1(1) Subject to paragraph 2, the requirements for naturalisation as...

2(1) If in the special circumstances of any particular case...

2A(1) A person has a qualifying immigration status for the...

Naturalisation as a British citizen under section 6(2)

3Subject to paragraph 4, the requirements for naturalisation as a...

4Paragraph 2 shall apply in relation to paragraph 3 with...

4A(1) Subject to paragraph 3(5), a person has a qualifying...

The qualifying period for naturalisation as a British citizen under section 6

4B(1) The qualifying period for the purposes of paragraph 1...

Naturalisation as a British overseas territories citizen under section 18(1)

5(1) Subject to paragraph 6, the requirements for naturalisation as...

6(1) If in the special circumstances of any particular case...

Naturalisation as a British overseas territories citizen under section 18(2)

7Subject to paragraph 8, the requirements for naturalisation as a...

8Paragraph 6 shall apply in relation to paragraph 7 with...

Periods to be treated as periods of absence from U.K. or a British overseas territory

9(1) For the purposes of this Schedule a person shall...

10In this Schedule “the relevant territory” has the meaning given...

11(1) This paragraph applies for the purposes of this Schedule....

SCHEDULE 2 Provisions for Reducing Statelessness

Persons born in the United Kingdom after commencement

1(1) Where a person born in the United Kingdom after...

Persons born in a British overseas territory after commencement

2(1) Where a person born in a British overseas territory...

Persons aged 18 to 22 born in the United Kingdom or a British overseas territory after commencement

3(1) A person born in the United Kingdom or a...

Minors aged 5 to 17 born in the United Kingdom or a British overseas territory after commencement

3A(1) A person born in the United Kingdom or a...

Persons born outside the United Kingdom and the British overseas territories after commencement

4(1) A person born outside the United Kingdom and the...

Persons born stateless before commencement

5(1) A person born before commencement shall be entitled, on...

6If in the special circumstances of any particular case the...

SCHEDULE 3Countries Whose Citizens are Commonwealth Citizens

SCHEDULE 4 Amendments of Immigration Act 1971

1In this Schedule “the 1971 Act” means the Immigration Act...

2For “patrial”— (a) where it occurs in the provisions of...

3(1) For “certificate of patriality”, wherever (except in section 33(1))...

4In section 3(7) of the 1971 Act (powers available where...

5In section 8(5) of the 1971 Act, for the words...

6In section 25(5) of the 1971 Act (extension of provisions...

7In section 33 of the 1971 Act (interpretation)—

SCHEDULE 4ADeprivation of Citizenship without notice: judicial oversight

1Deprivation without notice: application to Special Immigration Appeals Commission

2Deprivation of citizenship without notice: review

3Interpretation

SCHEDULE 5Citizenship Oath and Pledge

The form of citizenship oath and pledge is as follows...

1The form of citizenship oath and pledge is as follows...

2The form of citizenship oath and pledge is as follows...

3The form of citizenship oath is as follows for registration...

4The form of citizenship oath is as follows for registration...

SCHEDULE 6British Overseas Territories

Anguilla Bermuda British Antarctic Territory British Indian Ocean Territory Cayman...

SCHEDULE 7 Consequential Amendments

ACT OF SETTLEMENT (12 & 13 Will. 3. c. 2.)

LEGITIMACY DECLARATION ACT 1858 (c. 93)

SUBMARINE TELEGRAPH ACT 1885 (c. 49)

BRITISH NATIONALITY ACT 1948 (c. 56)

IRELAND ACT 1949 (c. 41)

1In section 3(1)(a) (certain provisions not affected by fact that...

2For section 7(2) (interpretation of references to protectorates etc. by...

DEFAMATION ACT 1952 (c. 66)

DEFAMATION ACT (NORTHERN IRELAND) 1955 (c. 11) (N.I.)

CYPRUS ACT 1960 (c. 52)

EMERGENCY LAWS (RE-ENACTMENTS AND REPEALS) ACT 1964 (c. 60)

In section 9 (territorial extent of Part I), in subsection...

DIPLOMATIC PRIVILEGES ACT 1964 (c. 81)

For section 3(2) (disregard, in connection with citizenship of children...

COMMONWEALTH SECRETARIAT ACT 1966 (c. 10)

WEST INDIES ACT 1967 (c. 4)

1In section 13(3) (power to make changes in nationality or...

2In Schedule 3 (modifications of British Nationality Acts)—

MARINE BROADCASTING (OFFENCES) ACT 1967 (c. 41)

In section 3(3) (persons prohibited from broadcasting whilst on or...

ANTARCTIC TREATY ACT 1967 (C. 65)

In section 1(3) (person prohibited from harming Antarctic flora and...

FUGITIVE OFFENDERS ACT 1967 (c. 68)

CONSULAR RELATIONS ACT 1968 (c. 18)

In section 1(2) (meaning of certain terms in Schedule 1),...

TANZANIA ACT 1969 (c. 29)

INCOME AND CORPORATION TAXES ACT 1970 (c. 10)

MERCHANT SHIPPING ACT 1970 (c. 36)

1In section 70(3) (meaning of “British seamen” in section 70),...

2In section 93(3) (meaning of “independent Commonwealth country” in section...

CHILDREN ACT 1975 (c. 72)

1In Part II of Schedule 1 (adoption orders)—

2In Schedule 2 (status conferred in Scotland by adoption)—

ADOPTION ACT 1976 (c. 36)

In section 47(2) (nationality enactments)— (a) in paragraph (a), for...

NATIONAL HEALTH SERVICE ACT 1977 (c. 49)

In paragraph 3 of Schedule 11 (territorial extent)— in the...

SOLOMON ISLANDS ACT 1978 (c. 15)

In section 6 (construction of nationality provisions)—

ADOPTION (SCOTLAND) ACT 1978 (c. 28)

In section 41(2) (nationality enactments)— (a) in paragraph (a), for...

NATIONAL HEALTH SERVICE (SCOTLAND) ACT 1978 (c. 29)

In paragraph 3 of Schedule 10 (territorial extent)—

STATE IMMUNITY ACT 1978 (c. 33)

In section 4(5) (definition of “national of the United Kingdom”),...

DEEP SEA MINING (TEMPORARY PROVISIONS) ACT 1981 (c. 53)

1In section 1 (prohibition of unlicensed deep sea mining)—

2In section 14(3) (persons who may be guilty of offences...

SCHEDULE 8 Transitional Provisions

Applications for naturalisation or registration pending at commencement

1(1) This paragraph applies to any application—

2Where a person who has been registered or to whom...

Registration at U.K. consulate, after commencement, of certain births occurring in foreign countries less than a year before commencement

3(1) This paragraph applies to a person born less than...

Declarations by certain persons who by virtue of an Order in Council under section 4 of the Cyprus Act 1960 have ceased to be citizens of the United Kingdom and Colonies

4(1) Where— (a) a person has before commencement duly made...

Applications for certificates of patriality pending at commencement

5Any application for a certificate of patriality under the Immigration...

Appeals under Part II of Immigration Act 1971

6Where a person who has been refused a certificate of...

7Any appeal under Part II of the Immigration Act 1971...

8In relation to appeals against any decision taken or other...

SCHEDULE 9 REPEALS

Royal arms

British Nationality Act 1981

1981 CHAPTER 61

An Act to make fresh provision about citizenship and nationality, and to amend the Immigration Act 1971 as regards the right of abode in the United Kingdom.

[30th October 1981]