British Nationality Act 1981

Part I British Citizenship

Acquisition after commencementF1 U.K.

Textual Amendments

F1 S. 4A inserted (21.5.2002) by the British Overseas Territories Act 2002 (c. 8), s. 4; S.I. 2002/1252, art. 2

1 Acquisition by birth or adoption. U.K.

(1) A person born in the United Kingdom after commencement [F2 , or in a qualifying territory on or after the appointed day,] shall be a British citizen if at the time of the birth his father or mother is—

(a) a British citizen; or

(b) settled in the United Kingdom [F3 or that territory] .

(2) A new-born infant who, after commencement, is found abandoned in the United Kingdom [F4 , or on or after the appointed day is found abandoned in a qualifying territory,] shall, unless the contrary is shown, be deemed for the purposes of subsection (1)—

(a) to have been born in the United Kingdom after commencement [F5 or in that territory on or after the appointed day] ; and

(b) to have been born to a parent who at the time of the birth was a British citizen or settled in the United Kingdom [F6 or that territory] .

(3) A person born in the United Kingdom after commencement who is not a British citizen by virtue of subsection (1) or (2) shall be entitled to be registered as a British citizen if, while he is a minor—

(a) his father or mother becomes a British citizen or becomes settled in the United Kingdom; and

(b) an application is made for his registration as a British citizen.

(4) A person born in the United Kingdom after commencement who is not a British citizen by virtue of subsection (1) or (2) shall be entitled, on an application for his registration as a British citizen made at any time after he has attained the age of ten years, to be registered as such a citizen if, as regards each of the first ten years of that person’s life, the number of days on which he was absent from the United Kingdom in that year does not exceed 90.

(5) Where after commencement an order authorising the adoption of a minor who is not a British citizen is made by any court in the United Kingdom, [F7 or where on or after the appointed day such an order is made by any court in a qualifying territory, the minor] shall be a British citizen as from the date on which the order is made if the adopter or, in the case of a joint adoption, one of the adopters is a British citizen on that date.

(6) Where an order in consequence of which any person became a British citizen by virtue of subsection (5) ceases to have effect, whether on annulment or otherwise, the cesser shall not affect the status of that person as a British citizen.

(7) If in the special circumstances of any particular case the Secretary of State thinks fit, he may for the purposes of subsection (4) treat the person to whom the application relates as fulfilling the requirement specified in that subsection although, as regards any one or more of the first ten years of that person’s life, the number of days on which he was absent from the United Kingdom in that year or each of the years in question exceeds 90.

(8) In this section and elsewhere in this Act “settled” has the meaning given by section 50.

Textual Amendments

F2 Words in s. 1(1) inserted (21.5.2002) by British Overseas Territories Act 2002 (c. 8), Sch. 1 para. 1(2)(a); S.I. 2002/1252, art. 2

F3 Words in s. 1(1)(b) inserted (21.5.2002) by British Overseas Territories Act 2002 (c. 8), Sch. 1 para. 1(2)(b); S. I. 2002/1252, art. 2

F4 Words in s. 1(2) inserted (21.5.2002) by by British Overseas Territories Act 2002 (c. 8), Sch. 1 para. 1(3)(a); S.I. 2002/1252, art. 2

F5 Words in s. 1(2)(a) inserted (21.5.2002) by by British Overseas Territories Act 2002 (c. 8), Sch. 1 para. 1(3)(b); S.I. 2002/1252, art. 2

F6 Words in s. 1(2)(b) inserted (21.5.2002) by by British Overseas Territories Act 2002 (c. 8), Sch. 1 para. 1(3)(c); S.I. 2002/1252, art. 2

F7 Word in s. 1(5) substituted (temp.) (21.5.2002) by by British Overseas Territories Act 2002 (c. 8), Sch. 1 para. 1(5); S.I. 2002/1252, art. 2

Modifications etc. (not altering text)

C1 S. 1(1) explained by S.I. 1972/1613, art. 6 (as inserted by S.I. 1982/1649, art. 3)

2 Acquisition by descent. U.K.

(1) A person born outside the United Kingdom [F8 and the qualifying territories] after commencement shall be a British citizen if at the time of the birth his father or mother—

(a) is a British citizen otherwise than by descent; or

(b) is a British citizen and is serving outside the United Kingdom [F9 and the qualifying territories] in service to which this paragraph applies, his or her recruitment for that service having taken place in the United Kingdom [F10 or a qualifying territory]; or

(c) is a British citizen and is serving outside the United Kingdom [F11 and the qualifying territories] in service under a Community institution, his or her recruitment for that service having taken place in a country which at the time of the recruitment was a member of the Communities.

(2) Paragraph (b) of subsection (1) applies to—

(a) Crown service under the government of the United Kingdom [F12 or of a qualifying territory]; and

(b) service of any description for the time being designated under subsection (3).

(3) For the purposes of this section the Secretary of State may by order made by statutory instrument designate any description of service which he considers to be closely associated with the activities outside the United Kingdom [F13 and the qualifying territories] of Her Majesty’s government in the United Kingdom [F14 or in a qualifying territory].

(4) Any order made under subsection (3) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F8 Words in s. 2(1) inserted (21.5.2002) by British Overseas Territories Act 2002 (c. 8), Sch. 1 para. 2(1)(2)(a); S.I. 2002/1252, art. 2

F9 Words in s. 2(1)(b) inserted (21.5.2002) by British Overseas Territories Act 2002 (c. 8), Sch. 1 para. 2(1)(2)(b); S.I. 2002/1252, art. 2

F10 Words in s. 2(1)(b) inserted (21.5.2002) by British Overseas Territories Act 2002 (c. 8), Sch. 1 para. 2(1)(2)(b); S.I. 2002/1252, art. 2

F11 Words in s. 2(1)(c) inserted (21.5.2002) by British Overseas Territories Act 2002 (c. 8), Sch. 1 para. 2(1)(2)(c); S.I. 2002/1252, art. 2

F12 Words in s. 2(2)(a) inserted (21.5.2002) by British Overseas Territories Act 2002 (c. 8), Sch. 1 para. 2(1)(3); S.I. 2002/1252, art. 2

F13 Words in s. 2(3) inserted (21.5.2002) by British Overseas Territories Act 2002 (c. 8), Sch. 1 para. 2(1)(4)(a); S.I. 2002/1252, art. 2

F14 Words in s. 2(3) inserted (21.5.2002) by British Overseas Territories Act 2002 (c. 8), Sch. 1 para. 2(1)(4)(b); S.I. 2002/ 1252, {art. 2}

3 Acquisition by registration: minors. U.K.

(1) If while a person is a minor an application is made for his registration as a British citizen, the Secretary of State may, if he thinks fit, cause him to be registered as such a citizen.

(2) A person born outside the United Kingdom [F15 and the qualifying territories] shall be entitled, on an application for his registration as a British citizen made within the period of twelve months from the date of birth, to be registered as such a citizen if the requirements specified in subsection (3) or, in the case of a person born stateless, the requirements specified in paragraphs (a) and (b) of that subsection, are fulfilled in the case of either that person’s father or his mother (“the parent in question”).

(3) The requirements referred to in subsection (2) are—

(a) that the parent in question was a British citizen by descent at the time of the birth; and

(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 would have become such a citizen otherwise than by descent at commencement but for his or her death; and

(c) that, as regards some period of three years ending with a date not later than the date of the birth—

(i) the parent in question was in the United Kingdom [F16 or a qualifying territory] at the beginning of that period; and

(ii) the number of days on which the parent in question was absent from the United Kingdom [F17 and the qualifying territories] in that period does not exceed 270.

(4) If in the special circumstances of any particular case the Secretary of State thinks fit, he may treat subsection (2) as if the reference to twelve months were a reference to six years.

(5) A person born outside the United Kingdom [F18 and the qualifying territories] shall be entitled, on an application for his registration as a British citizen made while he is a minor, to be registered as such a citizen if the following requirements are satisfied, namely—

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

(b) subject to subsection (6), that that person and his father and mother were in the United Kingdom [F19 or a qualifying territory] at the beginning of the period of three years ending with the date of the application and that, in the case of each of them, the number of days on which the person in question was absent from the United Kingdom [F20 and the qualifying territories] in that period does not exceed 270; and

(c) subject to subsection (6), that the consent of his father and mother to the registration has been signified in the prescribed manner.

(6) In the case of an application under subsection (5) for the registration of a person as a British citizen—

(a) if his father or mother died, or their marriage was terminated, on or before the date of the application, or his father and mother were legally separated on that date, the references to his father and mother in paragraph (b) of that subsection shall be read either as references to his father or as references to his mother;

(b) if his father or mother died on or before that date, the reference to his father and mother in paragraph (c) of that subsection shall be read as a reference to either of them; and

(c) if he was born illegitimate, all those references shall be read as references to his mother.

Textual Amendments

F15 Words in s. 3(2) inserted (21.5.2002) by British Overseas Territories Act 2002 (c. 8), Sch. 1 para. 3(1)(2); S.I. 2002/1252, art. 2

F16 Words in s. 3(3)(c)(i) inserted (21.5.2002) by British Overseas Territories Act 2002 (c. 8), Sch. 1 para. 3(1)(3)(a); S.I. 2002/1252, art. 2

F17 Words in s. 3(3)(c)(ii) inserted (21.5.2002) by British Overseas Territories Act 2002 (c. 8), Sch. 1 para. 3(1)(3)(b); S.I. 2002/1252, art. 2

F18 Words in s. 3(5) inserted (21.5.2002) by British Overseas Territories Act 2002 (c. 8), Sch. 1 para. 3(1)(4)(a); S.I. 2002/1252, art. 2

F19 Words in s. 3(5)(b) inserted (21.5.2002) by British Overseas Territories Act 2002 (c. 8), Sch. 1 para. 3(1)(4)(b); S.I. 2002/1252, art. 2

F20 Words in s. 3(5)(b) inserted (21.5.2002) by British Overseas Territories Act 2002 (c. 8), Sch. 1 para. 3(1)(4)(b); S.I. 2002/1252, art. 2

4 Acquisition by registration: [F21 British overseas territories citizens] etc. U.K.

(1) This section applies to any person who is a [F22 British overseas territories citizen], [F23 a British National (Overseas),] a British Overseas citizen, a British subject under this Act or a British protected person.

(2) A person to whom this section applies shall be entitled, on an application for his registration as a British citizen, to be registered as such a citizen if the following requirements are satisfied in the case of that person, namely—

(a) subject to subsection (3), that he was in the United Kingdom at the beginning of the period of five years ending with the date of the application and that the number of days on which he was absent from the United Kingdom in that period does not exceed 450; and

(b) that the number of days on which he was absent from the United Kingdom in the period of twelve months so ending does not exceed 90; and

(c) that he was not at any time in the period of twelve months so ending subject under the immigration laws to any restriction on the period for which he might remain in the United Kingdom; and

(d) that he was not at any time in the period of five years so ending in the United Kingdom in breach of the immigration laws.

(3) So much of subsection (2)(a) as requires the person in question to have been in the United Kingdom at the beginning of the period there mentioned shall not apply in relation to a person who was settled in the United Kingdom immediately before commencement.

(4) If in the special circumstances of any particular case the Secretary of State thinks fit, he may for the purposes of subsection (2) do all or any of the following things, namely—

(a) treat the person to whom the application relates as fulfilling the requirement specified in subsection (2)(a) or subsection (2)(b), or both, although the number of days on which he was absent from the United Kingdom in the period there mentioned exceeds the number there mentioned;

(b) disregard any such restriction as is mentioned in subsection (2)(c), not being a restriction to which that person was subject on the date of the application;

(c) treat that person as fulfilling the requirement specified in subsection (2)(d) although he was in the United Kingdom in breach of the immigration laws in the period there mentioned.

(5) If, on an application for registration as a British citizen made by a person to whom this section applies, the Secretary of State is satisfied that the applicant has at any time served in service to which this subsection applies, he may, if he thinks fit in the special circumstances of the applicant’s case, cause him to be registered as such a citizen.

(6) Subsection (5) applies to—

(a) Crown service under the government of a [F24 British overseas territory]; and

(b) paid or unpaid service (not falling within paragraph (a)) as a member of any body established by law in a [F24 British overseas territory] members of which are appointed by or on behalf of the Crown.

Textual Amendments

F21 Words in s. 4 sidenote substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(b)

F22 Words in s. 4(1) substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(b)

F23 By S.I. 1986/948, art. 7(2) it is provided that s. 4(1) shall have effect as if after the words “British Dependent Territories citizen,” there were inserted the words “a British National (Overseas),”

F24 Words in s. 4(6) substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), {s. 1(1)((b)}

Modifications etc. (not altering text)

C2 S. 4(2)(4) modified (7.11.2002, partly retrospective) by Nationality, Immigration and Asylum Act 2002 (c. 41), s. 11

C3 S. 4(2) restricted (4.12.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 58, 62; S.I. 2006/2838, art. 4(1) (subject to art. 4(2))

C4 S. 4(2)(4) modified (7.11.2002, partly retrospective) by Nationality, Immigration and Asylum Act 2002 (c. 41), s. 11

C5 S. 4(5) restricted (4.12.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 58, 62; S.I. 2006/2838, art. 4(1) (subject to art. 4(2))

[F1 4A Acquisition by registration: further provision for British overseas territories citizens U.K.

(1) If an application is made to register as a British citizen a person who is a British overseas territories citizen, the Secretary of State may if he thinks fit cause the person to be so registered.

(2) Subsection (1) does not apply in the case of a British overseas territories citizen who—

(a) is such a citizen by virtue only of a connection with the Sovereign Base Areas of Akrotiri and Dhekelia; or

(b) has ceased to be a British citizen as a result of a declaration of renunciation.]

Modifications etc. (not altering text)

C6 S. 4A restricted (4.12.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 58, 62; S.I. 2006/2838, art. 4(1) (subject to art. 4(2))

Valid from 30/04/2003

[F25 4B Acquisition by registration: certain persons without other citizenship U.K.

(1) This section applies to a person who has the status of—

(a) British Overseas citizen,

(b) British subject under this Act, or

(c) British protected person.

(2) A person to whom this section applies shall be entitled to be registered as a British citizen if—

(a) he applies for registration under this section,

(b) the Secretary of State is satisfied that the person does not have, apart from the status mentioned in subsection (1), any citizenship or nationality, and

(c) the Secretary of State is satisfied that the person has not after 4th July 2002 renounced, voluntarily relinquished or lost through action or inaction any citizenship or nationality.]

Textual Amendments

F25 S. 4B inserted (30.4.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 12(1), 162 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1 (with arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, art. 2 and S.I. 2003/1339, art. 4))

Valid from 30/04/2003

[F26 4C Acquisition by registration: certain persons born between 1961 and 1983 U.K.

(1) A person is entitled to be registered as a British citizen if—

(a) he applies for registration under this section, and

(b) he satisfies each of the following conditions.

(2) The first condition is that the applicant was born after 7th February 1961 and before 1st January 1983.

(3) The second condition is that the applicant would at some time before 1st January 1983 have become a citizen of the United Kingdom and Colonies by virtue of section 5 of the British Nationality Act 1948 (c. 56) if that section had provided for citizenship by descent from a mother in the same terms as it provided for citizenship by descent from a father.

(4) The third condition is 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 (c. 77) had he become a citizen of the United Kingdom and Colonies as described in subsection (3) above.]

Textual Amendments

F26 S. 4C inserted (30.4.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 13(1), 162 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1 (with arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, art. 2 and S.I. 2003/1339, art. 4))

Modifications etc. (not altering text)

C7 S. 4C restricted (4.12.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 58, 62; S.I. 2006/2838, art. 4(1) (subject to art. 4(2))

Valid from 13/01/2010

[F27 4D Acquisition by registration: children of members of the armed forces U.K.

(1) A person (“P”) born outside the United Kingdom and the qualifying territories on or after the relevant day is entitled to be registered as a British citizen if—

(a) an application is made for P's registration under this section; and

(b) each of the following conditions is satisfied.

(2) The first condition is that, at the time of P's birth, P's father or mother was—

(a) a member of the armed forces; and

(b) serving outside the United Kingdom and the qualifying territories.

(3) The second condition is that, if P is a minor on the date of the application, the consent of P's father and mother to P's registration as a British citizen has been signified in the prescribed manner.

(4) But if P's father or mother has died on or before the date of the application, the reference in subsection (3) to P's father and mother is to be read as a reference to either of them.

(5) The Secretary of State may, in the special circumstances of a particular case, waive the need for the second condition to be satisfied.

(6) The relevant day for the purposes of this section is the day appointed for the commencement of section 46 of the Borders, Citizenship and Immigration Act 2009 (which inserted this section).]

Textual Amendments

F27 S. 4D inserted (13.1.2010) by Borders, Citizenship and Immigration Act 2009 (c. 11), ss. 46, 58; S.I. 2009/2731, art. 4(e)

5 Acquisition by registration: nationals for purposes of the Community Treaties. U.K.

A [F28 British overseas territories citizen] who falls to be treated as a national of the United Kingdom for the purposes of the Community Treaties shall be entitled to be registered as a British citizen if an application is made for his registration as such a citizen.

Textual Amendments

F28 Words in s. 5 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(b)

Modifications etc. (not altering text)

C8 S. 5 restricted (4.12.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 58, 62; S.I. 2006/2838, art. 4(1) (subject to art. 4(2))

6 Acquisition by naturalisation. U.K.

(1) If, on an application for naturalisation as a British citizen made by a person of full age and capacity, the Secretary of State is satisfied that the applicant fulfils the requirements of Schedule 1 for naturalisation as such a citizen under this subsection, he may, if he thinks fit, grant to him a certificate of naturalisation as such a citizen.

(2) If, on an application for naturalisation as a British citizen made by a person of full age and capacity who on the date of the application is married to a British citizen, the Secretary of State is satisfied that the applicant fulfils the requirements of Schedule 1 for naturalisation as such a citizen under this subsection, he may, if he thinks fit, grant to him a certificate of naturalisation as such a citizen.

Acquisition after commencement: special cases

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

[F29 (1) A person shall be entitled, on an application for his registration as a British citizen made (subject to subsections (6) and (7)) within five years after commencement, to be registered as such a citizen if either of the following requirements is satisfied in his case, namely—

(a) that, if paragraphs 2 and 3 (but not paragraph 4 or 5) of Schedule 1 to the M1 Immigration Act 1971 had remained in force, he would (had he applied for it) have been, on the date of the application under this subsection, entitled under the said paragraph 2 to be registered in the United Kingdom as a citizen of the United Kingdom and Colonies; or

(b) that, if section 5A of the 1948 Act (and section 2 of the Immigration Act 1971 as in force immediately before commencement) had remained in force, he would (had he applied for it) have been, both at commencement and on the date of the application under this subsection, entitled under section 5A(1) of the 1948 Act to be registered as a citizen of the United Kingdom and Colonies.

(2) A person shall be entitled, on an application for his registration as a British citizen made (subject to subsection (8)) within six years after commencement, to be registered as such a citizen if he—

(a) was ordinarily resident in the United Kingdom throughout a period ending at commencement but not amounting to five years; and

(b) throughout the period from commencement to the date of the application—

(i) remained ordinarily resident in the United Kingdom; and

(ii) had the right of abode in the United Kingdom under the M2 Immigration Act 1971; and

(c) had on the date of the application been ordinarily resident in the United Kingdom for the last five years or more.

(3) Subject to subsection (5), if, in the case of an application for the registration of a person under subsection (2) as a British citizen, that person has been engaged in relevant service throughout any period (of whatever length), that period shall for the purposes of subsection (2) be treated as a period throughout which he was ordinarily resident in the United Kingdom.

(4) For the purposes of subsection (3) “relevant service” means—

(a) Crown service under the government of the United Kingdom; or

(b) service under any international organisation of which the United Kingdom or Her Majesty’s government therein is a member; or

(c) service in the employment of any company or association established in the United Kingdom.

(5) A person shall not be registered under subsection (2) wholly or partly by reason of service within subsection (4)(b) or (c) unless it seems to the Secretary of State fitting that he should be so registered by reason of his close connection with the United Kingdom.

(6) If in the special circumstances of any particular case the Secretary of State thinks fit, he may treat subsection (1) as if—

(a) the reference to five years after commencement were a reference to eight years after commencement; or

(b) where subsection (7) applies, as if the reference to five years from the date on which the person to whom the application relates attains full age were a reference to eight years from that date,

but shall not do so in the case of an application based on paragraph (b) of subsection (1) unless the person to whom the application relates would have been entitled to be registered under that subsection on an application so based made immediately before the end of the five years after commencement.

(7) In the case of any person who is a minor at commencement, the reference to five years after commencement in subsection (1) above shall be treated as a reference to five years from the date on which he attains full age.

(8) If in the special circumstances of any particular case the Secretary of State thinks fit, he may treat subsection (2) as if the reference to six years after commencement were a reference to eight years after commencement.]

Textual Amendments

F29 S. 7 ceased to have effect (7.11.2002) and repealed (prosp.) by virtue of Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 15, 161, 162, Sch. 2 para. 1(a), Sch. 9 (with s. 159, Sch. 2 para. 2)

Marginal Citations

M1 1971 c. 77.

M2 1971 c. 77.

8 Registration by virtue of marriage. U.K.

[F30 (1) A woman who immediately before commencement was the wife of a citizen of the United Kingdom and Colonies shall be entitled, on an application for her registration as a British citizen made within five years after commencement, to be registered as a British citizen if—

(a) immediately before commencement she would (if she had applied for it) have been entitled under section 6(2) of the 1948 Act to be registered as a citizen of the United Kingdom and Colonies by virtue of her marriage to the man who was then her husband; and

(b) that man became a British citizen at commencement and did not at any time in the period from commencement to the date of the application under this subsection cease to be such a citizen as a result of a declaration of renunciation; and

(c) she remained married to him throughout that period.

(2) On an application for her registration as a British citizen made within five years after commencement, the Secretary of State may, if he thinks fit, cause a woman to be registered as such a citizen if—

(a) immediately before commencement she would (if she had applied for it) have been entitled under section 6(2) of the 1948 Act to be registered as a citizen of the United Kingdom and Colonies by virtue of having been married to a man to whom she is no longer married on the date of the application under this subsection; and

(b) that man became a British citizen at commencement or would have done so but for his death.

(3) On an application for her registration as a British citizen made within five years after commencement by a woman who at the time of the application is married, the Secretary of State may, if he thinks fit, cause her to be registered as such a citizen if—

(a) immediately before commencement she would (if she had applied for it) have been entitled under section 6(2) of the 1948 Act to be registered as a citizen of the United Kingdom and Colonies by virtue of her being or having been married to the man who is her husband on the date of the application under this subsection; and

(b) that man either—

(i) became a British citizen at commencement but has ceased to be such a citizen as a result of a declaration of renunciation; or

(ii) would have become a British citizen at commencement but for his having ceased to be a citizen of the United Kingdom and Colonies as a result of a declaration of renunciation.]

Textual Amendments

F30 S. 8 ceased to have effect (7.11.2002) and repealed (prosp.) by virtue of Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 15, 161, 162, Sch. 2 para. 1(b), Sch. 9 (with s. 159, Sch. 2 para. 2)

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

[F31 (1) A person born in a foreign country within five years after commencement shall be entitled, on an application for his registration as a British citizen made within the period of twelve months from the date of the birth, to be registered as such a citizen if—

(a) the requirements specified in subsection (2) are fulfilled in the case of that person’s father; and

(b) had that person been born before commencement and become a citizen of the United Kingdom and Colonies by virtue of section 5 of the 1948 Act (citizenship by descent) as a result of the registration of his birth at a United Kingdom consulate under paragraph (b) of the proviso to section 5(1) of that Act, he would immediately before commencement have had the right of abode in the United Kingdom by virtue of section 2(1)(b) of the M3 Immigration Act 1971 as then in force (connection with United Kingdom through parent or grandparent).

(2) The requirements referred to in subsection (1)(a) are that the father of the person to whom the application relates—

(a) immediately before commencement or at his death (whichever was earlier)—

(i) was a citizen of the United Kingdom and Colonies by virtue of section 5 of the 1948 Act (citizenship by descent) or was a person who, under any provision of the British Nationality Acts 1948 to 1965, was deemed for the purposes of the proviso to section 5(1) of the 1948 Act to be a citizen of the United Kingdom and Colonies by descent only; and

(ii) was married to that person’s mother; and

(iii) was ordinarily resident in a foreign country (no matter which) within the meaning of the 1948 Act; and

(b) either—

(i) became a British citizen at commencement and remained such a citizen throughout the period from commencement to the date of the application or, if he died during that period, throughout the period from commencement to his death; or

(ii) would have become a British citizen at commencement but for his death.]

Textual Amendments

F31 S. 9 ceased to have effect (7.11.2002) and repealed (prosp.) by virtue of Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 15, 161, 162, Sch. 2 para. 1(c), Sch. 9 (with s. 159, Sch. 2 para. 2)

Marginal Citations

M3 1971 c. 77.

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

(1) Subject to subsection (3), a person shall be entitled, on an application for his registration as a British citizen, to be registered as such a citizen if immediately before commencement he would (had he applied for it) have been entitled under section 1(1) of the M4 British Nationality Act 1964 (resumption of citizenship) to be registered as a citizen of the United Kingdom and Colonies by virtue of having an appropriate qualifying connection with the United Kingdom or [F32 , if a woman,] by virtue of having been married before commencement to a person who has, or would if living have, such a connection.

(2) On an application for his registration as a British citizen made by a person of full capacity who had before commencement ceased to be a citizen of the United Kingdom and Colonies as a result of a declaration of renunciation, the Secretary of State may, if he thinks fit, cause that person to be registered as a British citizen if that person—

(a) has an appropriate qualifying connection with the United Kingdom; or

(b) [F32 if a woman,] has been married to a person who has, or would if living have, such a connection.

(3) A person shall not be entitled to registration under subsection (1) on more than one occasion.

(4) For the purposes of this section a person shall be taken to have an appropriate qualifying connection with the United Kingdom if he, his father or his father’s father—

(a) was born in the United Kingdom; or

(b) is or was a person naturalised in the United Kingdom; or

(c) was registered as a citizen of the United Kingdom and Colonies in the United Kingdom or in a country which at the time was mentioned in section 1(3) of the 1948 Act.

Textual Amendments

F32 Words in s. 10(1)(2) ceased to have effect (with effect as mentioned in s. 162(3) of the amending Act) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 5(a), 162 (with s. 159)

Marginal Citations

M4 1964 c. 22.

Acquisition at commencement

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

(1) Subject to subsection (2), a person who immediately before commencement—

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

(b) had the right of abode in the United Kingdom under the M5 Immigration Act 1971 as then in force,

shall at commencement become a British citizen.

(2) A person who was registered as a citizen of the United Kingdom and Colonies under section 1 of the M6 British Nationality (No. 2) Act 1964 (stateless persons) on the ground mentioned in subsection (1)(a) of that section (namely that his mother was a citizen of the United Kingdom and Colonies at the time when he was born) shall not become a British citizen under subsection (1) unless—

(a) his mother becomes a British citizen under subsection (1) or would have done so but for her death; or

(b) immediately before commencement he had the right of abode in the United Kingdom by virtue of section 2(1)(c) of the Immigration Act 1971 as then in force (settlement in United Kingdom, combined with five or more years’ ordinary residence there as a citizen of the United Kingdom and Colonies).

(3) A person who—

(a) immediately before commencement was a citizen of the United Kingdom and Colonies by virtue of having been registered under subsection (6) of section 12 of the 1948 Act (British subjects before commencement of 1948 Act becoming citizens of United Kingdom and Colonies) under arrangements made by virtue of subsection (7) of that section (registration in independent Commonwealth country by United Kingdom High Commissioner); and

(b) was so registered on an application under the said subsection (6) based on the applicant’s descent in the male line from a person (“the relevant person”) possessing one of the qualifications specified in subsection (1)(a) and (b) of that section (birth or naturalisation in the United Kingdom and Colonies),

shall at commencement become a British citizen if the relevant person was born or naturalised in the United Kingdom.

Marginal Citations

M5 1971 c. 77.

M6 1964 c. 54.

Renunciation and resumption

Modifications etc. (not altering text)

C9 S. 12 extended by S.I. 1986/948, art. 7(10)

12 Renunciation. U.K.

(1) If any British citizen of full age and capacity makes in the prescribed manner a declaration of renunciation of British citizenship, then, subject to subsections (3) and (4), the Secretary of State shall cause the declaration to be registered.

(2) On the registration of a declaration made in pursuance of this section the person who made it shall cease to be a British citizen.

(3) A declaration made by a person in pursuance of this section shall not be registered unless the Secretary of State is satisfied that the person who made it will after the registration have or acquire some citizenship or nationality other than British citizenship; and if that person does not have any such citizenship or nationality on the date of registration and does not acquire some such citizenship or nationality within six months from that date, he shall be, and be deemed to have remained, a British citizen notwithstanding the registration.

(4) The Secretary of State may withhold registration of any declaration made in pursuance of this section if it is made during any war in which Her Majesty may be engaged in right of Her Majesty’s government in the United Kingdom.

(5) For the purposes of this section any person who has been married shall be deemed to be of full age.

Modifications etc. (not altering text)

C10 S. 12 extended by S.I. 1986/948, art. 7(10)

13 Resumption.

(1) Subject to subsection (2), a person who has ceased to be a British citizen as a result of a declaration of renunciation shall be entitled, on an application for his registration as a British citizen, to be registered as such a citizen if—

(a) he is of full capacity; and

(b) his renunciation of British citizenship was necessary to enable him to retain or acquire some other citizenship or nationality.

(2) A person shall not be entitled to registration under subsection (1) on more than one occasion.

(3) If a person of full capacity who has ceased to be a British citizen as a result of a declaration of renunciation (for whatever reason made) makes an application for his registration as such a citizen, the Secretary of State may, if he thinks fit, cause him to be registered as such a citizen.

Modifications etc. (not altering text)

C11 S. 13(1)(3) restricted (4.12.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 58, 62; S.I. 2006/2838, art. 4(1) (subject to art. 4(2))

Supplementary

14 Meaning of British citizen (by descent). U.K.

(1) For the purposes of this Act a British citizen is a British citizen “by descent” if and only if—

(a) he is a person born outside the United Kingdom after commencement who is a British citizen by virtue of section 2(1)(a) only or by virtue of registration under section 3(2) or 9; or

(b) subject to subsection (2), he is a person born outside the United Kingdom before commencement who became a British citizen at commencement and immediately before commencement—

(i) was a citizen of the United Kingdom and Colonies by virtue of section 5 of the 1948 Act (citizenship by descent); or

(ii) was a person who, under any provision of the British Nationality Acts 1948 to 1965, was deemed for the purposes of the proviso to section 5(1) of the 1948 Act to be a citizen of the United Kingdom and Colonies by descent only, or would have been so deemed if male; or

(iii) had the right of abode in the United Kingdom by virtue only of paragraph (b) of subsection (1) of section 2 of the M7 Immigration Act 1971 as then in force (connection with United Kingdom through parent or grandparent), or by virtue only of that paragraph and paragraph (c) of that subsection (settlement in United Kingdom with five years’ ordinary residence there), or by virtue only of being or having been the wife of a person who immediately before commencement had that right by virtue only of the said paragraph (b) or the said paragraphs (b) and (c); or

(iv) being a woman, was a citizen of the United Kingdom and Colonies as a result of her registration as such a citizen under section 6(2) of the 1948 Act by virtue of having been married to a man who at commencement became a British citizen by descent or would have done so but for his having died or ceased to be a citizen of the United Kingdom and Colonies as a result of a declaration of renunciation; or

(c) he is a British citizen by virtue of registration under section 3(1) and either—

(i) his father or mother was a British citizen at the time of the birth; or

(ii) his father or mother was a citizen of the United Kingdom and Colonies at that time and became a British citizen at commencement, or would have done so but for his or her death; or

(d) he is a British citizen by virtue of registration under section 5; or

(e) subject to subsection (2), being a woman born outside the United Kingdom before commencement, she is a British citizen as a result of her registration as such a citizen under section 8 by virtue of being or having been married to a man who at commencement became a British citizen by descent or would have done so but for his having died or ceased to be a citizen of the United Kingdom and Colonies as a result of a declaration of renunciation; or

(f) he is a British citizen by virtue of registration under section 10 who, having before commencement ceased to be a citizen of the United Kingdom and Colonies as a result of a declaration of renunciation, would, if he had not so ceased, have at commencement become a British citizen by descent by virtue of paragraph (b); or

(g) he is a British citizen by virtue of registration under section 13 who, immediately before he ceased to be a British citizen as a result of a declaration of renunciation, was such a citizen by descent; or

(h) he is a person born in a [F33 British overseas territory] after commencement who is a British citizen by virtue of paragraph 2 of Schedule 2.

(2) A person born outside the United Kingdom before commencement is not a British citizen “by descent” by virtue of subsection (1)(b) or (e) if his father was at the time of his birth serving outside the United Kingdom—

(a) in service of a description mentioned in subsection (3), his recruitment for the service in question having taken place in the United Kingdom; or

(b) in service under a Community institution, his recruitment for that service having taken place in a country which at the time of the recruitment was a member of the Communities.

(3) The descriptions of service referred to in subsection (2) are—

(a) Crown service under the government of the United Kingdom; and

(b) service of any description at any time designated under section 2(3).

Textual Amendments

F33 Words in s. 14(1)(h) substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 1(1)(b)

Marginal Citations

M7 1971 c. 77.