- Latest available (Revised)
- Point in Time (27/10/2014)
- Original (As enacted)
Version Superseded: 28/06/2022
Point in time view as at 27/10/2014. This version of this cross heading contains provisions that are prospective.
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
British Nationality Act 1981, Cross Heading: Naturalisation as a British citizen under section 6(1) is up to date with all changes known to be in force on or before 17 August 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
1(1)Subject to paragraph 2, the requirements for naturalisation as a British citizen under section 6(1) are, in the case of any person who applies for it—U.K.
(a)the requirements specified in sub-paragraph (2) of this paragraph, or the alternative requirement specified in sub-paragraph (3) of this paragraph; and
(b)that he is of good character; and
(c)that he has a sufficient knowledge of the English, Welsh or Scottish Gaelic language; and
[F1(ca)that he has sufficient knowledge about life in the United Kingdom; and]
(d)that either—
(i)his intentions are such that, in the event of a certificate of naturalisation as a British citizen being granted to him, his home or (if he has more than one) his principal home will be in the United Kingdom; or
(ii)he intends, in the event of such a certificate being granted to him, to enter into, or continue in, Crown service under the government of the United Kingdom, or service under an international organisation of which the United Kingdom or Her Majesty’s government therein is a member, or service in the employment of a company or association established in the United Kingdom.
(2)The requirements referred to in sub-paragraph (1)(a) of this paragraph are—
(a)that the applicant 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)The alternative requirement referred to in sub-paragraph (1)(a) of this paragraph is that on the date of the application he is serving outside the United Kingdom in Crown service under the government of the United Kingdom.
Textual Amendments
F1Sch. 1 para. 1(1)(ca) inserted (1.11.2005) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 1(1), 162(1) (with s. 159); S.I. 2005/2782, art. 3(1) (subject to art. 3(2))
2F2(1)If in the special circumstances of any particular case the Secretary of State thinks fit, he may for the purposes of paragraph 1 do all or any of the following things, namely—U.K.
(a)treat the applicant as fulfilling the requirement specified in paragraph 1(2)(a) or paragraph 1(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)treat the applicant as having been in the United Kingdom for the whole or any part of any period during which he would otherwise fall to be treated under paragraph 9(1) as having been absent;
(c)disregard any such restriction as is mentioned in paragraph 1(2)(c), not being a restriction to which the applicant was subject on the date of the application;
(d)treat the applicant as fulfilling the requirement specified in paragraph 1(2)(d) although he was in the United Kingdom in breach of the immigration laws in the period there mentioned;
(e)waive the need to fulfil [F3either or both of the requirements specified in paragraph 1(1)(c) and (ca)] if he considers that because of the applicant’s age or physical or mental condition it would be unreasonable to [F4expect him to fulfil that requirement or those requirements] .
[F5(2)Sub-paragraph (3) applies in a case where, on the date of the application, the applicant is or has been a member of the armed forces.
(3)If in the special circumstances of the particular case the Secretary of State thinks fit, he may for the purposes of paragraph 1 treat the applicant as fulfilling the requirement specified in paragraph 1(2)(a) although the applicant was not in the United Kingdom at the beginning of the period there mentioned.]
Textual Amendments
F2Sch. 1 para. 2 renumbered as Sch. 1 para. 2(1) (13.5.2014) by virtue of Citizenship (Armed Forces) Act 2014 (c. 8), ss. 1(2), 2(2)
F3Words in Sch. 1 para. 2(e) substituted (1.11.2005) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 1(2), 162(1) (with s. 159); S.I. 2005/2782, art. 3(1) (subject to art. 3(2))
F4Words in Sch. 1 para. 2(e) substituted (1.11.2005) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 1(2), 162(1) (with s. 159); S.I. 2005/2782, art. 3(1) (subject to art. 3(2))
F5Sch. 1 para. 2(2)(3) inserted (13.5.2014) by Citizenship (Armed Forces) Act 2014 (c. 8), ss. 1(3), 2(2)
Prospective
[F62A(1)A person has a qualifying immigration status for the purposes of paragraph 1(2) if the person has—U.K.
(a)qualifying temporary residence leave;
(b)probationary citizenship leave;
(c)permanent residence leave;
(d)a qualifying CTA entitlement;
(e)a Commonwealth right of abode; or
(f)a temporary or permanent EEA entitlement.
(2)A person who is required for those purposes to have a qualifying immigration status for the whole of the qualifying period need not have the same qualifying immigration status for the whole of that period.]
Textual Amendments
F6Sch. 1 para. 2(A) inserted (prosp.) by Borders, Citizenship and Immigration Act 2009 (c. 11), ss. 39(11), 58
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: