British Nationality Act 1981

Naturalisation as a [F1 British overseas territories citizen] under section 18(2) U.K.

Textual Amendments

F1 Words in Sch. 1 para. 7 cross-heading substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(b)

7 U.K. Subject to paragraph 8, the requirements for naturalisation as a [F2 British overseas territories citizen] under section 18(2) are, in the case of any person who applies for it—

(a) that he was in the relevant territory at the beginning of the period of three years ending with the date of the application, and that the number of days on which he was absent from that territory in that period does not exceed 270; and

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

(c) that on the date of the application he was not subject under the immigration laws to any restriction on the period for which he might remain in that territory; and

(d) that he was not at any time in the period of three years ending with the date of the application in that territory in breach of the immigration laws; and

(e) the [F3 requirements specified in paragraph 5(1)(b) and (c)].

Textual Amendments

F2 Words in Sch. 1 para. 7 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(b)

F3 Words in Sch. 1 para. 7(e) substituted (28.7.2004) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 2(2)(a), 162 (with s. 159); S.I. 2004/1707, art. 3

8 U.K. Paragraph 6 shall apply in relation to paragraph 7 with the following modifications, namely—

(a) [F4 the references] to the purposes of paragraph 5 shall be read as [F5 references] to the purposes of paragraph 7;

(b) the references to paragraphs 5(2)(a), 5(2)(b) and 5(2)(d) shall be read as references to paragraphs 7(a), 7(b) and 7(d) respectively;

(c) paragraph 6(c) F6 . . . shall be omitted; and

(d) after paragraph (e) there shall be added—

“(f) waive the need to fulfil all or any of the requirements specified in paragraph 7(a) and (b) if on the date of the application the person to whom the applicant is married [F7 , or of whom the applicant is the civil partner,] is serving in service to which section 16(1)(b) applies, that person’s recruitment for that service having taken place in a [F8 British overseas territory].”

Textual Amendments

F4 Words in Sch. 1 para. 8(a) substituted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), s. 87(1), Sch. 1 para. 3(5)(a); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 8 (with Sch. 2 para. 3)

F5 Word in Sch. 1 para. 8(a) substituted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), s. 87(1), Sch. 1 para. 3(5)(b); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 8 (with Sch. 2 para. 3)

F6 Words in Sch. 1 para. 8(c) omitted (28.7.2004) and repealed (prosp.) by virtue of Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 2(2)(b), 161, 162, Sch. 9 (with s. 159); S.I. 2004/1707, art. 3

F7 Words in Sch. 1 para. 8(d) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 78; S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5))

F8 Words in Sch. 1 para. 8 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 1(1)(b)