Part I British Citizenship

Acquisition after commencement

C14CF4F5Acquisition by registration: certain persons born before 1983

1

A person is entitled to be registered as a British citizen if—

a

he applies for registration under this section, and

b

he satisfies each of the following conditions.

2

The first condition is that the applicant was born F1. . . before 1st January 1983.

F23

The second condition is that the applicant would at some time before 1st January 1983 have become a citizen of the United Kingdom and Colonies—

a

under section 5 of, or paragraph 3 of Schedule 3 to, the 1948 Act if assumption A had applied,

b

under section 12(3), (4) or (5) of that Act if assumption B had applied and as a result of its application the applicant would have been a British subject immediately before 1st January 1949, or

c

under section 12(2) of that Act if one or both of the following had applied—

i

assumption A had applied;

ii

assumption B had applied and as a result of its application the applicant would have been a British subject immediately before 1st January 1949.

3A

Assumption A is that—

a

section 5 or 12(2) of, or paragraph 3 of Schedule 3 to, the 1948 Act (as the case may be) provided for citizenship by descent from a mother in the same terms as it provided for citizenship by descent from a father, and

b

references in that provision to a father were references to the applicant's mother.

3B

Assumption B is that—

a

a provision of the law at some time before 1st January 1949 which provided for a nationality status to be acquired by descent from a father provided in the same terms for its acquisition by descent from a mother, and

b

references in that provision to a father were references to the applicant's mother.

3C

For the purposes of subsection (3B), a nationality status is acquired by a person (“P”) by descent where its acquisition—

a

depends, amongst other things, on the nationality status of one or both of P's parents, and

b

does not depend upon an application being made for P's registration as a person who has the status in question.

F63D

In determining for the purposes of subsection (3) whether a person would have been a citizen of the United Kingdom and Colonies, the requirement that a person’s birth was registered at a United Kingdom consulate, as set out in section 5(1)(b) of the British Nationality Act 1948, is to be ignored.

4

The third condition is that immediately before 1st January 1983 the applicant would have had the right of abode in the United Kingdom by virtue of section 2 of the Immigration Act 1971 (c. 77) had he become a citizen of the United Kingdom and Colonies as described in subsection (3) above.

F35

For the purposes of the interpretation of section 5 of the 1948 Act in its application in the case of assumption A to a case of descent from a mother, the reference in the proviso to subsection (1) of that section to “a citizen of the United Kingdom and Colonies by descent only” includes a reference to a female person who became a citizen of the United Kingdom and Colonies by virtue of—

a

section 12(2), (4) or (6) only of the 1948 Act,

b

section 13(2) of that Act,

c

paragraph 3 of Schedule 3 to that Act, or

d

section 1(1)(a) or (c) of the British Nationality (No. 2) Act 1964.