Part 2Citizenship

Acquisition of British citizenship by naturalisation

41The qualifying period

1

After paragraph 4A of Schedule 1 to the British Nationality Act 1981 (c. 61) (inserted by section 40(5) above), insert—

4BThe qualifying period for naturalisation as a British citizen under section 6

1

The qualifying period for the purposes of paragraph 1 or 3 is a period of years which ends with the date of the application in question.

2

The length of the period is determined in accordance with the following provisions of this paragraph.

3

In the case of an applicant who does not meet the activity condition, the number of years in the period is—

a

8, in a case within paragraph 1;

b

5, in a case within paragraph 3.

4

In the case of an applicant who meets the activity condition, the number of years in the period is—

a

6, in a case within paragraph 1;

b

3, in a case within paragraph 3.

5

The applicant meets the activity condition if the Secretary of State is satisfied that the applicant—

a

has participated otherwise than for payment in prescribed activities; or

b

is to be treated as having so participated.

2

In section 41 of that Act (regulations etc.), in subsection (1), after paragraph (bb) insert—

bc

for amending paragraph 4B(3)(a) or (b) or (4)(a) or (b) of Schedule 1 to substitute a different number for the number for the time being specified there;

bd

for determining whether a person has, for the purposes of an application for naturalisation under section 6, participated in activities prescribed for the purposes of paragraph 4B(5)(a) of Schedule 1;

be

for determining whether a person is to be treated for the purposes of such an application as having so participated;

3

After subsection (1A) of that section insert—

1B

Regulations under subsection (1)(bc) may make provision so that—

a

the number specified in sub-paragraph (3)(a) of paragraph 4B of Schedule 1 is the same as the number specified in sub-paragraph (4)(a) of that paragraph;

b

the number specified in sub-paragraph (3)(b) of that paragraph is the same as the number specified in sub-paragraph (4)(b) of that paragraph.

1C

Regulations under subsection (1)(bd) or (be)—

a

may make provision that applies in relation to time before the commencement of section 41 of the Borders, Citizenship and Immigration Act 2009;

b

may enable the Secretary of State to make arrangements for such persons as the Secretary of State thinks appropriate to determine whether, in accordance with those regulations, a person has, or (as the case may be) is to be treated as having, participated in an activity.

4

In subsection (7) of that section, after “this section” insert “(other than regulations referred to in subsection (8))”.

5

After subsection (7) of that section insert—

8

Any regulations (whether alone or with other provision)—

a

under subsection (1)(a) for prescribing activities for the purposes of paragraph 4B(5)(a) of Schedule 1; or

b

under subsection (1)(bc), (bd) or (be),

may not be made unless a draft has been laid before and approved by a resolution of each House of Parliament.