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British Nationality Act 1981
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Status:
This version of this cross heading contains provisions that are prospective.
Status
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:
- where the provision (Part, Chapter or section) has never come into force or;
- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
British Nationality Act 1981, Paragraph 11 is up to date with all changes known to be in force on or before 04 December 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 to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Schedule 1 Paragraph 11:
- s. 4AA inserted by 2024 c. 19 s. 1(2)
- s. 6(3) (4) inserted by 2009 c. 11 s. 40(2) (Amending provision prospectively repealed by 2022 c. 36, s. 9(3)(a))
- s. 41(1)(bc)-(be) inserted by 2009 c. 11 s. 41(2) (Amending provision prospectively repealed by 2022 c. 36, s. 9(3)(a))
- s. 41(1B) (1C) inserted by 2009 c. 11 s. 41(3) (Amending provision prospectively repealed by 2022 c. 36, s. 9(3)(a))
- s. 50A(1)(aa) inserted by 2024 c. 19 s. 1(4)(a)
- Sch. 1 para. 2(1)(ba)(bb) inserted by 2009 c. 11 s. 39(5) (Amending provision prospectively repealed by 2022 c. 36, s. 9(3)(a))
- Sch. 1 para. 2(1)(ca) inserted by 2009 c. 11 s. 39(7) (Amending provision prospectively repealed by 2022 c. 36, s. 9(3)(a))
- Sch. 1 para. 2(5) inserted by 2009 c. 11 s. 39(10) (Amending provision prospectively repealed by 2022 c. 36, s. 9(3)(a))
- Sch. 1 para. 11 inserted by 2009 c. 11 s. 49(3) (Amending provision prospectively repealed by 2022 c. 36, s. 9(3)(a))
- Sch. 1 para. 6(2)-(4) inserted by 2022 c. 36 Sch. 1 para. 3(4)(d)
- Sch. 1 para. 2(1)(c) repealed by 2009 c. 11 s. 39(6) Sch. Pt. 2 (Amending provision prospectively repealed by 2022 c. 36, s. 9(3)(a))
- Sch. 1 para. 2(1)(a) substituted by 2009 c. 11 s. 39(4) (Amending provision prospectively repealed by 2022 c. 36, s. 9(3)(a))
- Sch. 1 para. 2(2)-(4) substituted for Sch. 1 para. 2(2)(3) by 2009 c. 11 s. 39(9) (Amending provision prospectively repealed by 2022 c. 36, s. 9(3)(a))
- Sch. 1 para. 2(1)(d) word substituted by 2009 c. 11 s. 39(8)(a) (Amending provision prospectively repealed by 2022 c. 36, s. 9(3)(a))
- Sch. 1 para. 2(1)(d) words substituted by 2009 c. 11 s. 39(8)(b) (Amending provision prospectively repealed by 2022 c. 36, s. 9(3)(a))
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 4AA inserted by 2024 c. 19 s. 1(2)
- s. 6(3) (4) inserted by 2009 c. 11 s. 40(2) (Amending provision prospectively repealed by 2022 c. 36, s. 9(3)(a))
- s. 41(1)(bc)-(be) inserted by 2009 c. 11 s. 41(2) (Amending provision prospectively repealed by 2022 c. 36, s. 9(3)(a))
- s. 41(1B) (1C) inserted by 2009 c. 11 s. 41(3) (Amending provision prospectively repealed by 2022 c. 36, s. 9(3)(a))
- s. 50A(1)(aa) inserted by 2024 c. 19 s. 1(4)(a)
- Sch. 1 para. 2(1)(ba)(bb) inserted by 2009 c. 11 s. 39(5) (Amending provision prospectively repealed by 2022 c. 36, s. 9(3)(a))
- Sch. 1 para. 2(1)(ca) inserted by 2009 c. 11 s. 39(7) (Amending provision prospectively repealed by 2022 c. 36, s. 9(3)(a))
- Sch. 1 para. 2(5) inserted by 2009 c. 11 s. 39(10) (Amending provision prospectively repealed by 2022 c. 36, s. 9(3)(a))
- Sch. 1 para. 6(2)-(4) inserted by 2022 c. 36 Sch. 1 para. 3(4)(d)
- Sch. 1 para. 2(1)(c) repealed by 2009 c. 11 s. 39(6) Sch. Pt. 2 (Amending provision prospectively repealed by 2022 c. 36, s. 9(3)(a))
- Sch. 1 para. 2(1)(a) substituted by 2009 c. 11 s. 39(4) (Amending provision prospectively repealed by 2022 c. 36, s. 9(3)(a))
- Sch. 1 para. 2(2)-(4) substituted for Sch. 1 para. 2(2)(3) by 2009 c. 11 s. 39(9) (Amending provision prospectively repealed by 2022 c. 36, s. 9(3)(a))
- Sch. 1 para. 2(1)(d) word substituted by 2009 c. 11 s. 39(8)(a) (Amending provision prospectively repealed by 2022 c. 36, s. 9(3)(a))
- Sch. 1 para. 2(1)(d) words substituted by 2009 c. 11 s. 39(8)(b) (Amending provision prospectively repealed by 2022 c. 36, s. 9(3)(a))
Prospective
[F111(1)This paragraph applies for the purposes of this Schedule.U.K.
(2)A person has qualifying temporary residence leave if—
(a)the person has limited leave to enter or remain in the United Kingdom, and
(b)the leave is granted for a purpose by reference to which a grant of probationary citizenship leave may be made.
(3)A person has probationary citizenship leave if—
(a)the person has limited leave to enter or remain in the United Kingdom, and
(b)the leave is of a description identified in rules under section 3 of the Immigration Act 1971 as “probationary citizenship leave”,
and the reference in sub-paragraph (2) to a grant of probationary citizenship leave is to be construed accordingly.
(4)A person has permanent residence leave if the person has indefinite leave to enter or remain in the United Kingdom.
(5)A person has a qualifying CTA entitlement if the person—
(a)is a citizen of the Republic of Ireland,
(b)last arrived in the United Kingdom on a local journey (within the meaning of the Immigration Act 1971) from the Republic of Ireland, and
(c)on that arrival, was a citizen of the Republic of Ireland and was entitled to enter without leave by virtue of section 1(3) of the Immigration Act 1971 (entry from the common travel area).
(6)A person has a Commonwealth right of abode if the person has the right of abode in the United Kingdom by virtue of section 2(1)(b) of the Immigration Act 1971.
(7)A person has a permanent EEA entitlement if the person is entitled to reside in the United Kingdom permanently by virtue of any provision made under section 2(2) of the European Communities Act 1972.
(8)A person has a temporary EEA entitlement if the person does not have a permanent EEA entitlement but is entitled to reside in the United Kingdom by virtue of any provision made under section 2(2) of the European Communities Act 1972.
(9)A reference in this paragraph to having leave to enter or remain in the United Kingdom is to be construed in accordance with the Immigration Act 1971.]
Textual Amendments
F1Sch. 1 para. 11 inserted (prosp.) by Borders, Citizenship and Immigration Act 2009 (c. 11), ss. 49(3), 58
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