S. 4A inserted (21.5.2002) by the British Overseas Territories Act 2002 (c. 8), s. 4; S.I. 2002/1252, art. 2
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))
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))
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
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
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
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
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
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
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
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
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
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
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
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
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}
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
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
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
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
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
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
Words in s. 4 sidenote substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(b)
Words in s. 4(1) substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(b)
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),”
Words in s. 4(6) substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), {s. 1(1)((b)}
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)
Words in s. 5 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(b)
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)
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)
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)
Words in s. 10(1)(2) repealed (1.4.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 5(a), 161, 162, Sch. 9 (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))
Words in s. 14(1)(d) substituted (30.4.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 12(2), 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))
Words in s. 14(1)(d) inserted (30.4.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 13(2), 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))
Words in s. 14(1)(h) substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 1(1)(b)
S. 1(1) explained by S.I. 1972/1613, art. 6 (as inserted by S.I. 1982/1649, art. 3)
S. 4(2)(4) modified (7.11.2002, partly retrospective) by Nationality, Immigration and Asylum Act 2002 (c. 41), s. 11
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))
S. 4(2)(4) modified (7.11.2002, partly retrospective) by Nationality, Immigration and Asylum Act 2002 (c. 41), s. 11
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))
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))
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))
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))
S. 12 extended by S.I. 1986/948, art. 7(10)
S. 12 extended by S.I. 1986/948, art. 7(10)
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))
A person born in the United Kingdom after commencement
a British citizen; or
settled in the United Kingdom
A new-born infant who, after commencement, is found abandoned in the United Kingdom
to have been born in the United Kingdom after commencement
to have been born to a parent who at the time of the birth was a British citizen or settled in the United Kingdom
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—
his father or mother becomes a British citizen or becomes settled in the United Kingdom; and
an application is made for his registration as a British citizen.
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.
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,
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.
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.
In this section and elsewhere in this Act “
A person born outside the United Kingdom
is a British citizen otherwise than by descent; or
is a British citizen and is serving outside the United Kingdom
is a British citizen and is serving outside the United Kingdom
Paragraph (b) of subsection (1) applies to—
Crown service under the government of the United Kingdom
service of any description for the time being designated under subsection (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
Any order made under subsection (3) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
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.
A person born outside the United Kingdom
The requirements referred to in subsection (2) are—
that the parent in question was a British citizen by descent at the time of the birth; and
that the father or mother of the parent in question—
was a British citizen otherwise than by descent at the time of the birth of the parent in question; or
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
that, as regards some period of three years ending with a date not later than the date of the birth—
the parent in question was in the United Kingdom
the number of days on which the parent in question was absent from the United Kingdom
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.
A person born outside the United Kingdom
that at the time of that person’s birth his father or mother was a British citizen by descent; and
subject to subsection (6), that that person and his father and mother were in the United Kingdom
subject to subsection (6), that the consent of his father and mother to the registration has been signified in the prescribed manner.
In the case of an application under subsection (5) for the registration of a person as a British citizen—
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;
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
if he was born illegitimate, all those references shall be read as references to his mother.
This section applies to any person who is a
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—
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
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
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
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.
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.
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—
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;
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;
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.
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.
Subsection (5) applies to—
Crown service under the government of a
paid or unpaid service (not falling within paragraph (a)) as a member of any body established by law in a
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.
Subsection (1) does not apply in the case of a British overseas territories citizen who—
is such a citizen by virtue only of a connection with the Sovereign Base Areas of Akrotiri and Dhekelia; or
has ceased to be a British citizen as a result of a declaration of renunciation.
This section applies to a person who has the status of—
British Overseas citizen,
British subject under this Act, or
British protected person.
A person to whom this section applies shall be entitled to be registered as a British citizen if—
he applies for registration under this section,
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
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.
A person is entitled to be registered as a British citizen if—
he applies for registration under this section, and
he satisfies each of the following conditions.
The first condition is that the applicant was born after 7th February 1961 and before 1st January 1983.
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.
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.
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—
an application is made for P's registration under this section; and
each of the following conditions is satisfied.
The first condition is that, at the time of P's birth, P's father or mother was—
a member of the armed forces; and
serving outside the United Kingdom and the qualifying territories.
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.
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.
The Secretary of State may, in the special circumstances of a particular case, waive the need for the second condition to be satisfied.
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).
A
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.
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.
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
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—
has an appropriate qualifying connection with the United Kingdom; or
A person shall not be entitled to registration under subsection (1) on more than one occasion.
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—
was born in the United Kingdom; or
is or was a person naturalised in the United Kingdom; or
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.
Subject to subsection (2), a person who immediately before commencement—
was a citizen of the United Kingdom and Colonies; and
had the right of abode in the United Kingdom under the
shall at commencement become a British citizen.
A person who was registered as a citizen of the United Kingdom and Colonies under section 1 of the
his mother becomes a British citizen under subsection (1) or would have done so but for her death; or
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).
A person who—
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
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.
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.
On the registration of a declaration made in pursuance of this section the person who made it shall cease to be a British citizen.
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.
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.
For the purposes of this section any person who has been married shall be deemed to be of full age.
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—
he is of full capacity; and
his renunciation of British citizenship was necessary to enable him to retain or acquire some other citizenship or nationality.
A person shall not be entitled to registration under subsection (1) on more than one occasion.
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.
For the purposes of this Act a British citizen is a British citizen “
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
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—
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, or would have been so deemed if male; or
had the right of abode in the United Kingdom by virtue only of paragraph (b) of subsection (1) of section 2 of the
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
he is a British citizen by virtue of registration under section 3(1) and either—
his father or mother was a British citizen at the time of the birth; or
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
he is a British citizen by virtue of registration under
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
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
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
he is a person born in a
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—
in service of a description mentioned in subsection (3), his recruitment for the service in question having taken place in the United Kingdom; or
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.
The descriptions of service referred to in subsection (2) are—
Crown service under the government of the United Kingdom; and
service of any description at any time designated under section 2(3).