The British Nationality (General) Regulations 2003

PART I U.K. GENERAL

Citation and commencement U.K.

1.  These Regulations may be cited as the British Nationality (General) Regulations 2003 and shall come into force on 1st April 2003.

Interpretation U.K.

2.—(1) In these Regulations, the following expressions have the meanings hereby assigned to them, that is to say—

“the Act” means the British Nationality Act 1981;

“applicant” in relation to an application made on behalf of a person not of full age or capacity means that person;

“High Commissioner” means, in relation to a country mentioned in Schedule 3 to the Act M1 , the High Commissioner for Her Majesty’s Government in the United Kingdom appointed to that country, and includes the acting High Commissioner.

(2) In the application of the provisions of regulation 6(2)[F1 , 6(3), 6A(1), (3) and (5), paragraph 3 of Schedule 3] F2 ... where a function of the Secretary of State under the Act is exercised by the Lieutenant-Governor of any of the Islands by virtue of arrangements made under section 43(1) of the Act M2 , any reference in those provisions to the Secretary of State shall be construed as a reference to the Lieutenant-Governor.

Textual Amendments

F1 Words in reg. 2(2) inserted (1.1.2004) by The British Nationality (General) (Amendment) Regulations 2003 (S.I. 2003/3158), regs. 1, 3

F2 Words in reg. 2(2) omitted (3.12.2007) by virtue of The British Nationality (General and Hong Kong) (Amendment) Regulations 2007 (S.I. 2007/3137), regs. 1(1), 2

Marginal Citations

M1 Schedule 3 has been amended by the British Nationality (Brunei) Order 1983 (S.I. 1983/1699); the British Nationality (Cameroon and Mozambique) Order 1998 (S.I. 1998/3161); the Brunei and Maldives Act 1985, s.1, Schedule, paragraph 8; the British Nationality (Pakistan) Order 1989 (S.I. 1989/1331); the Saint Christopher and Nevis Modification of Enactments Order 1983 (S.I. 1983/882); the British Nationality (South Africa) Order 1994 (S.I. 1994/1634); the British Nationality (Namibia) Order 1990 (S.I. 1990/1502).

M2 Section 43(1) has been amended by the Hong Kong (British Nationality) Order 1986 (S.I. 1986/948), article 7.

PART II U.K. REGISTRATION AND NATURALISATION

Applications U.K.

3.  Any application for registration as a British citizen, British Overseas citizen or British subject or for a certificate of naturalisation as a British citizen shall—

(a) be made to the appropriate authority specified in regulation 4; and

(b) satisfy the requirements of Part I and, if made on behalf of a person not of full age or capacity, Part II of Schedule 1 and such further requirements, if any, as are specified in relation thereto in Schedule 2.

Authority to whom application is to be made U.K.

4.—(1) Except as provided by paragraphs (2) and (3), the authority to whom an application is to be made is as follows:

(a) if the applicant is in Great Britain or Northern Ireland, to the Secretary of State at the Home Office;

(b) if the applicant is in any of the Islands, to the Lieutenant-Governor;

(c) if the applicant is in a British overseas territory, to the Governor;

(d) if the applicant is in a country mentioned in Schedule 3 to the Act, to the High Commissioner or, if there is no High Commissioner, to the Secretary of State at the Home Office;

(e) if the applicant is elsewhere, to any consular officer, any established officer in the Diplomatic Service of Her Majesty’s Government in the United Kingdom or any person authorised by the Secretary of State in that behalf.

(2) The authority to whom an application under section 4(5) of the Act (acquisition by registration: British overseas territories citizens, etc), on grounds of Crown Service under the government of a British overseas territory or service as a member of a body established by law in a British overseas territory, is to be made is in all cases the Governor of that territory.

(3) The authority to whom an application under section 5 of the Act (acquisition by registration: nationals for purposes of the [F3 EU] Treaties) M3 is to be made is in all cases the Governor of Gibraltar.

Textual Amendments

F3 Words in Regulations substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 6 (with art. 3(3))

Marginal Citations

M3 Section 5 is amended by section 1(2) of the British Overseas Territories Act 2002 (c. 8).

Persons not of full age or capacity U.K.

5.  An application may be made on behalf of someone not of full age or capacity by his father or mother or any person who has assumed responsibility for his welfare.

[F4 Knowledge of language and life in the United Kingdom U.K.

5A.— (1) A person has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom for the purpose of an application for naturalisation as a British citizen under section 6 of the Act if—

[F5 (a) (i) he has attended a course at an accredited college;

(ii) the course used teaching materials derived from the document entitled “Citizenship Materials for ESOL Learners”;

(iii) he has demonstrated relevant progress in accordance with paragraph (2); and

(iv) he has attained a relevant qualification; or]

(b) he has passed the test known as the “Life in the UK Test” administered by an educational institution or other person approved for this purpose by the Secretary of State; or

(c) in the case of a person who is ordinarily resident outside the United Kingdom, a person designated by the Secretary of State certifies in writing that he has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom for this purpose[F6 ; or

(d) the Secretary of State has previously accepted that he has sufficient knowledge of language and sufficient knowledge about life in the United Kingdom when granting the person Indefinite Leave to Remain].

[F7 (2) A person has demonstrated relevant progress if he meets the requirements of paragraph (3) or (4).]

[F8 (3) The requirements in respect of a relevant qualification awarded or authenticated by a body which is recognised by the Office of Qualifications and Examinations Regulation under section 132 of the Apprenticeships, Skills, Children and Learning Act 2009 are that the person provides evidence to the Secretary of State that —

(a) prior to his commencing a course of study leading to a relevant qualification an ESOL assessment was undertaken by a suitably qualified person to assess his level of language ability; and

(b) he has successfully completed a course of study leading to a relevant qualification; and

(c) having been assessed in accordance with paragraph (a) as being below Entry 1, he has attained a relevant qualification at Entry 1, 2 or 3; or

(d) having been assessed in accordance with paragraph (a) as being at Entry 1, he has attained a relevant qualification at Entry 2 or 3; or

(e) having been assessed in accordance with paragraph (a) as being at Entry 2, he has attained a relevant qualification at Entry 3.

(4) The requirements in respect of a relevant qualification approved by the Scottish Qualifications Authority are that the person provides evidence to the Secretary of State that—

(a) prior to his commencing a course of study leading to a relevant qualification an ESOL assessment was undertaken by a suitably qualified person to assess his level of language ability; and

(b) he has successfully completed a course of study leading to a relevant qualification; and

(c) having been assessed in accordance with paragraph (a) as being below Access 2, he has attained a relevant qualification at Access 2 or 3 or at Intermediate 1 level; or

(d) having been assessed in accordance with paragraph (a) at Access 2, he has attained a relevant qualification at Access 3 or Intermediate 1 level; or

(e) having been assessed in accordance with paragraph (a) at Access 3, he has attained a relevant qualification at Intermediate 1 level.

(5) In this regulation:

(a) an “accredited college” is:

(i) a publicly funded college that is subject to inspection by the Office for Standards in Education, Children’s Services and Skills (if situated in England), the Education and Training Inspectorate (if situated in Northern Ireland), Her Majesty’s Inspectorate of Education (if situated in Scotland), Estyn (if situated in Wales), or an inspection programme that has been approved by the Island’s Government (if situated in the Channel Islands or Isle of Man); or

(ii) a private college accredited by Accreditation UK, the British Accreditation Council, the Accreditation Body for Language Services, the Accreditation Service for International Colleges;

(b) a “relevant qualification” is:

(i) an ESOL qualification in speaking and listening which is awarded or authenticated by a body which is recognised by the Office of Qualifications and Examinations Regulation (Ofqual) under section 132 of the Apprenticeships, Skills, Children and Learning Act 2009 and is determined by Ofqual as being at Entry Level; or

(ii) one National Qualifications Unit in ESOL at Access 2, Access 3 or Intermediate 1 level approved by the Scottish Qualifications Authority;

(c) a “suitably qualified person” is a person who is deemed suitably qualified by the institution in which the assessment is undertaken.]]

Textual Amendments

F4 Reg. 5A substituted (1.11.2005) by The British Nationality (General) (Amendment) Regulations 2005 (S.I. 2005/2785), regs. 1(2), 3

F5 Reg. 5A(1)(a) substituted (7.4.2010) by The British Nationality (General) (Amendment) Regulations2010 (S.I. 2010/785), regs. 1, 3(1)

F6 Reg. 5A(1)(d) and word inserted (7.4.2010) by The British Nationality (General) (Amendment) Regulations2010 (S.I. 2010/785), regs. 1, 3(2)

F7 Reg. 5A(2) substituted (7.4.2010) by The British Nationality (General) (Amendment) Regulations2010 (S.I. 2010/785), regs. 1, 3(3)

F8 Reg. 5A(3)-(5) inserted (7.4.2010) by The British Nationality (General) (Amendment) Regulations2010 (S.I. 2010/785), regs. 1, 3(4)

[F9 Citizenship oaths and pledges U.K.

6.— (1) Where a citizenship oath or pledge is required by section 42 of the Act to be made by an applicant for registration or for a certificate of naturalisation, it shall be administered in accordance with the requirements of Schedule 3.

(2) If, on an application for registration or for a certificate of naturalisation by an applicant who is required to make a citizenship oath or pledge, the Secretary of State decides that the registration should be effected or the certificate should be granted, he shall cause notice in writing of the decision to be given to the applicant.

(3) The requirement to make a citizenship oath or pledge shall be satisfied within three months of the giving of the notice referred to in paragraph (2) or such longer time as the Secretary of State may allow.

(4) Any notice required by paragraph (2) to be given to an applicant may be given—

(a) in any case where the applicant’s whereabouts are known, by causing the notice to be delivered to him personally or by sending it to him by post;

(b) in a case where the applicant’s whereabouts are not known, by sending it by post in a letter addressed to him at his last known address.

(5) In this regulation, references to the requirement to make a citizenship oath or pledge include the requirement to make a citizenship oath and pledge at a citizenship ceremony.]

Textual Amendments

F9 Regs. 6, 6A substituted for reg. 6 (1.1.2004) by The British Nationality (General) (Amendment) Regulations 2003 (S.I. 2003/3158), regs. 1, 4

[F9 Arrangements for, and conduct of, citizenship ceremonies U.K.

6A.— (1) The Secretary of State may designate or authorise a person to exercise a function (which may include a discretion) in connection with a citizenship ceremony or a citizenship oath or pledge, and the reference in paragraph (3)(b) to “designated person” shall be construed accordingly.

(2) Each local authority (within the meaning of section 41(3B) of the Act) shall—

(a) make available, or make arrangements for, premises at which citizenship ceremonies may be conducted; and

(b) arrange for citizenship ceremonies to be conducted with sufficient frequency so as to enable applicants in their area who are required to make a citizenship oath and pledge at a citizenship ceremony to meet the time limit laid down by regulation 6(3).

(3) Where an applicant is required by section 42 of the Act to make a citizenship oath and pledge at a citizenship ceremony, the Secretary of State shall—

(a) issue to the applicant an invitation in writing to attend a citizenship ceremony (a “ceremony invitation”);

(b) notify the applicant of the local authority or designated person which the applicant should contact to arrange attendance at a citizenship ceremony (the “relevant authority”); and

(c) notify the relevant authority of his decision in relation to the applicant.

(4) An applicant who has arranged attendance at a citizenship ceremony shall bring with him to the ceremony his ceremony invitation; and if the applicant fails to do so, the person conducting the ceremony may refuse admittance to, or participation in, the ceremony if he is not reasonably satisfied as to the identity of the applicant.

(5) Where an applicant makes the relevant citizenship oath and pledge at a citizenship ceremony as required by section 42 of the Act—

(a) the person conducting the ceremony shall grant to the applicant a certificate of registration or naturalisation, duly dated with the date of the ceremony; and

(b) the relevant authority shall notify the Secretary of State in writing within 14 days of the date of the ceremony that the applicant has made the relevant citizenship oath and pledge at a citizenship ceremony and the date on which the ceremony took place.

(6) In this regulation, “the person conducting the ceremony” is the person who administers the citizenship oath and pledge at the citizenship ceremony in accordance with paragraph 3 of Schedule 3.]

Textual Amendments

F9 Regs. 6, 6A substituted for reg. 6 (1.1.2004) by The British Nationality (General) (Amendment) Regulations 2003 (S.I. 2003/3158), regs. 1, 4

[F10 Certificates of naturalisation U.K.

7.   A certificate of naturalisation shall include the following information relating to the person to whom the certificate is being granted—

(a) full name;

(b) date of birth; and

(c) place and country of birth.]

Textual Amendments

F10 Reg. 7 substituted (3.12.2007) by The British Nationality (General and Hong Kong) (Amendment) Regulations 2007 (S.I. 2007/3137), regs. 1(1), 3

PART III U.K. RENUNCIATION AND DEPRIVATION

Declarations of renunciation U.K.

8.  Any declaration of renunciation of British citizenship, British Overseas citizenship or the status of a British subject shall—

(a) be made to the appropriate authority specified in regulation 9; and

(b) satisfy the requirements of Schedule 5.

Authority to whom declaration of renunciation is to be made U.K.

9.  The authority to whom a declaration of renunciation is to be made is as follows:

(a) if the declarant is in Great Britain or Northern Ireland, to the Secretary of State at the Home Office;

(b) if the declarant is in any of the Islands, to the Lieutenant-Governor;

(c) if the declarant is in a British overseas territory, to the Governor;

(d) if the declarant is in a country mentioned in Schedule 3 to the Act, to the High Commissioner or, if there is no High Commissioner, to the Secretary of State at the Home Office;

(e) if the declarant is elsewhere, to any consular officer, any established officer in the Diplomatic Service of Her Majesty’s Government in the United Kingdom or any person authorised by the Secretary of State in that behalf.

Notice of proposed deprivation of citizenship U.K.

10.—(1) Where it is proposed to make an order under section 40 of the Act M4 depriving a person of a citizenship status, the notice required by section 40(5) of the Act to be given to that person may be given—

(a) in a case where that person’s whereabouts are known, by causing the notice to be delivered to him personally or by sending it to him by post;

(b) in a case where that person’s whereabouts are not known, by sending it by post in a letter addressed to him at his last known address.

(2) If a notice required by section 40(5) of the Act is given to a person appearing to the Secretary of State or, as appropriate, the Governor or Lieutenant-Governor to represent the person to whom notice under section 40(5) is intended to be given, it shall be deemed to have been given to that person.

(3) A notice required to be given by section 40(5) of the Act shall, unless the contrary is proved, be deemed to have been given—

(a) where the notice is sent by post from and to a place within the United Kingdom, on the second day after it was sent;

(b) where the notice is sent by post from or to a place outside the United Kingdom, on the twenty-eighth day after it was sent, and

(c) in any other case on the day on which the notice was delivered.

Marginal Citations

M4 Section 40 is amended by section 4 of the Nationality, Immigration and Asylum Act 2002 (c. 41).

Cancellation of registration of person deprived of citizenship U.K.

11.  Where an order has been made depriving a person who has a citizenship status by virtue of registration (whether under the Act or under the former nationality Acts) of that citizenship status, the name of that person shall be removed from the relevant register.

Cancellation of certificate of naturalisation in case of deprivation of citizenship U.K.

12.  Where an order has been made depriving a person who has a citizenship status by virtue of the grant of a certificate of naturalisation (whether under the Act or under the former nationality Acts) of that citizenship status, the person so deprived or any other person in possession of the relevant certificate of naturalisation shall, if required by notice in writing given by the authority by whom the order was made, deliver up the said certificate to such person, and within such time, as may be specified in the notice; and the said certificate shall thereupon be cancelled or amended.

PART IV U.K. SUPPLEMENTAL

Evidence U.K.

13.  A document may be certified to be a true copy of a document for the purpose of section 45(2) of the Act by means of a statement in writing to that effect signed by a person authorised by the Secretary of State, the Lieutenant-Governor, the High Commissioner or the Governor in that behalf.

[F11 Manner of signifying parental consent to registration U.K.

14.   Where a parent, in pursuance of section 3(5)(c) or 4D(3) of the Act, consents to the registration of a person as a British citizen under subsection 3(5) or section 4D, the consent shall be expressed in writing and signed by the parent.]

Textual Amendments

F11 Reg. 14 substituted (13.1.2010) by The British Nationality (General) (Amendment) Regulations 2009 (S.I. 2009/3363), regs. 1, 3

Revocation U.K.

15.  The British Nationality (General) Regulations 1982 M5 are hereby revoked.

Marginal Citations

M5 S.I. 1982/986.

Beverley Hughes

Minister of State

Home Office