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PART IIU.K.REGISTRATION AND NATURALISATION

ApplicationsU.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 madeU.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;

[F1(d)if the applicant is in Hong Kong 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;]

[F2(e)if the applicant is elsewhere, to the Secretary of State at the Home Office.]

(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 [F3EU] Treaties) M1 is to be made is in all cases the Governor of Gibraltar.

Persons not of full age or capacityU.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.

[F4Knowledge of language and life in the United KingdomU.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.]]

[F9Citizenship oaths and pledgesU.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

[F9Arrangements for, and conduct of, citizenship ceremoniesU.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

[F10Certificates of naturalisationU.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.]