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British Nationality Act 1981

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Changes over time for: Cross Heading: Acquisition after commencement: special cases

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Version Superseded: 07/11/2002

Status:

Point in time view as at 26/02/2002.

Changes to legislation:

British Nationality Act 1981, Cross Heading: Acquisition after commencement: special cases is up to date with all changes known to be in force on or before 20 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Acquisition after commencement: special casesU.K.

19 Right to registration by virtue of residence in [F1British overseas territory].U.K.

(1)A person shall be entitled, on an application for his registration as a [F2British overseas territories citizen] made within five years, after commencement, to be registered as such a citizen it, had paragraphs 2 to 5 of Schedule 1 to the M1Immigration Act 1971 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 a [F1British overseas territory] as a citizen of the United Kingdom and Colonies.

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

(3)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 (2) 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.

Textual Amendments

Marginal Citations

20 Registration by virtue of marriage.U.K.

(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 [F3British overseas territories citizen] made within five years after commencement, to be registered as a [F3British overseas territories 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 [F3British overseas territories 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 [F3British overseas territories citizen] made within five years after commencement the Secretary of State may, if he thinks fit, cause a woman to be registered as 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 [F3British overseas territories citizen] at commencement or would have done so but for his death.

(3)On an application for her registration as a [F3British overseas territories 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 [F3British overseas territories 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 [F3British overseas territories 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

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

  • A person born in a foreign country within five years after commencement shall be entitled, on an application for his registration as a [F4British overseas territories 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 referred to in subsection (1)(a) of section 9 are fulfilled in the case of that person’s father, subsection (2)(b) of that section being for the purposes of this paragraph read as if any reference to becoming or remaining a British citizen were a reference to becoming or, as the case may be, remaining a [F4British overseas territories citizen] ; and

    (b)

    had that person been born before commencement and become a citizen of the United Kingdom and Colonies as mentioned in subsection (1)(b) of that section, he would at commencement have become a [F4British overseas territories citizen] by virtue of section 23(1)(b).

Textual Amendments

22 Right to registration replacing right to resume 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 [F5British overseas territories 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 M2British 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 a [F6British overseas territory] or, 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 [F5British overseas territories 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 [F5British overseas territories citizen] if that person—

(a)has an appropriate qualifying connection with a [F6British overseas territory]; or

(b)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 a [F6British overseas territory] if he, his father or his father’s father—

(a)was born in that territory; or

(b)is or was a person naturalised in that territory; or

(c)was registered as a citizen of the United Kingdom and Colonies in that territory; or

(d)became a British subject by reason of the annexation of any territory included in that territory.

Textual Amendments

Marginal Citations

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