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British Nationality Act 1981

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This is the original version (as it was originally enacted).

15Acquisition by birth or adoption

(1)A person born in a dependent territory after commencement shall be a British Dependent Territories citizen if at the time of the birth his father or mother is—

(a)a British Dependent Territories citizen ; or

(b)settled in a dependent territory.

(2)A new-born infant who, after commencement, is found abandoned in a dependent territory shall, unless the contrary is shown, be deemed for the purposes of subsection (1)—

(a)to have been born in that territory after commencement ; and

(b)to have been born to a parent who at the time of the birth was a British Dependent Territories citizen or settled in a dependent territory.

(3)A person born in a dependent territory after commencement who is not a British Dependent Territories citizen by virtue of subsection (1) or (2) shall be entitled to be registered as such a citizen if, while he is a minor—

(a)his father or mother becomes such a citizen or becomes settled in a dependent territory ; and

(b)an application is made for his registration as such a citizen.

(4)A person born in a dependent territory after commencement who is not a British Dependent Territories citizen by virtue of subsection (1) or (2) shall be entitled, on an application for his registration as a British Dependent Territories 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 that territory in that year does not exceed 90.

(5)Where after commencement an order authorising the adoption of a minor who is not a British Dependent Territories citizen is made by a court in any dependent territory, he shall be a British Dependent Territories citizen as from the date on which the order is made if the adopter or, in the case of a joint adoption, one of the adopters, is a British Dependent Territories citizen on that date.

(6)Where an order in consequence of which any person became a British Dependent Territories 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 such a citizen.

(7)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 requirements 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 dependent territory there mentioned in that year or each of the years in question exceeds 90.

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