British Nationality Act 1981

7 Right to registration by virtue of residence in U.K. or relevant employment. U.K.

[F1 (1) A person shall be entitled, on an application for his registration as a British citizen made (subject to subsections (6) and (7)) within five years after commencement, to be registered as such a citizen if either of the following requirements is satisfied in his case, namely—

(a) that, if paragraphs 2 and 3 (but not paragraph 4 or 5) of Schedule 1 to the M1 Immigration Act 1971 had remained in force, he would (had he applied for it) have been, on the date of the application under this subsection, entitled under the said paragraph 2 to be registered in the United Kingdom as a citizen of the United Kingdom and Colonies; or

(b) that, if section 5A of the 1948 Act (and section 2 of the Immigration Act 1971 as in force immediately before commencement) had remained in force, he would (had he applied for it) have been, both at commencement and on the date of the application under this subsection, entitled under section 5A(1) of the 1948 Act to be registered as a citizen of the United Kingdom and Colonies.

(2) A person shall be entitled, on an application for his registration as a British citizen made (subject to subsection (8)) within six years after commencement, to be registered as such a citizen if he—

(a) was ordinarily resident in the United Kingdom throughout a period ending at commencement but not amounting to five years; and

(b) throughout the period from commencement to the date of the application—

(i) remained ordinarily resident in the United Kingdom; and

(ii) had the right of abode in the United Kingdom under the M2 Immigration Act 1971; and

(c) had on the date of the application been ordinarily resident in the United Kingdom for the last five years or more.

(3) Subject to subsection (5), if, in the case of an application for the registration of a person under subsection (2) as a British citizen, that person has been engaged in relevant service throughout any period (of whatever length), that period shall for the purposes of subsection (2) be treated as a period throughout which he was ordinarily resident in the United Kingdom.

(4) For the purposes of subsection (3) “relevant service” means—

(a) Crown service under the government of the United Kingdom; or

(b) service under any international organisation of which the United Kingdom or Her Majesty’s government therein is a member; or

(c) service in the employment of any company or association established in the United Kingdom.

(5) A person shall not be registered under subsection (2) wholly or partly by reason of service within subsection (4)(b) or (c) unless it seems to the Secretary of State fitting that he should be so registered by reason of his close connection with the United Kingdom.

(6) If in the special circumstances of any particular case the Secretary of State thinks fit, he may treat subsection (1) as if—

(a) the reference to five years after commencement were a reference to eight years after commencement; or

(b) where subsection (7) applies, as if the reference to five years from the date on which the person to whom the application relates attains full age were a reference to eight years from that date,

but shall not do so in the case of an application based on paragraph (b) of subsection (1) unless the person to whom the application relates would have been entitled to be registered under that subsection on an application so based made immediately before the end of the five years after commencement.

(7) In the case of any person who is a minor at commencement, the reference to five years after commencement in subsection (1) above shall be treated as a reference to five years from the date on which he attains full age.

(8) If in the special circumstances of any particular case the Secretary of State thinks fit, he may treat subsection (2) as if the reference to six years after commencement were a reference to eight years after commencement.]

Textual Amendments

F1 S. 7 ceased to have effect (7.11.2002) and repealed (prosp.) by virtue of Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 15, 161, 162, Sch. 2 para. 1(a), Sch. 9 (with s. 159, Sch. 2 para. 2)

Marginal Citations

M1 1971 c. 77.

M2 1971 c. 77.