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British Nationality (Irish Citizens) Act 2024

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1Acquisition of British citizenship: Irish citizens

(1)The British Nationality Act 1981 is amended as set out in subsections (2) to (4).

(2)After section 4A insert—

“4AAAcquisition by registration: Irish citizens

(1)An Irish citizen is entitled to be registered as a British citizen if—

(a)an application for their registration is made under this section, and

(b)they satisfy the requirements specified in subsection (2).

(2)The requirements are that—

(a)the person was in the United Kingdom at the beginning of the period of five years ending with the date of their application;

(b)the person was absent from the United Kingdom for—

(i)no more than 450 days in the period of five years ending with the date of their application, and

(ii)no more than 90 days in the period of 12 months ending with the date of their application; and

(c)the person was not in the United Kingdom in breach of the immigration laws at any time in the period of five years ending with the date of their application.

(3)If in the special circumstances of a particular case the Secretary of State thinks fit, the Secretary of State may treat the person as satisfying a requirement specified in subsection (2), even if they did not in fact satisfy the requirement.

(4)This section is subject to sections 31, 32 and 36 of the Illegal Migration Act 2023 (restriction of eligibility for citizenship etc).”

(3)In section 41A (registration: requirement to be of good character), in subsection (1), after “4A,” insert “4AA,”.

(4)In section 50A (meaning of references to being in breach of immigration laws)—

(a)in subsection (1), after paragraph (a) insert—

“(aa)section 4AA(2)(c);”;

(b)in subsection (2)(b), for “or 4(2)” substitute “, 4(2) or 4AA”.

(5)In section 32 of the Illegal Migration Act 2023 (British citizenship), in subsection (1), after paragraph (b) insert—

“(ba)section 4AA of that Act (acquisition of British citizenship by registration: Irish citizens);”.

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