SCHEDULE 1GENERAL REQUIREMENTS AS RESPECTS APPLICATIONS
PART IAll applications
1.
An application shall be made in writing and shall state the name, address and date and place of birth of the applicant.
2.
An application shall contain a declaration that the particulars stated therein are true.
PART IIApplications by persons not of full age or capacity
3.
An application in respect of someone not of full age or capacity made by another person on his behalf shall state that that is the case and the name and address of that person.
4.
An application made by a person on behalf of someone not of full age or capacity shall indicate the nature of that person’s connection with him and, if that person has any responsibility for him otherwise than as a parent, the nature of that responsibility and the manner in which it was assumed.
SCHEDULE 2PARTICULAR REQUIREMENTS AS RESPECTS APPLICATIONS
Application under section 1(3) of the Act
1.
An application under section 1(3) of the Act shall contain information showing:
F1(a)
that the applicant’s father or mother became a British citizen, or became settled in the United Kingdom, after the applicant’s birthF2; and
(b)
where the applicant is aged 10 or over, that he is of good character.
F3Application under section 1(3A) of the Act
1A.
An application under section 1(3A) shall contain information showing—
(a)
that the applicant’s father or mother became a member of the armed forces after the applicant’s birth; and
(b)
where the applicant is aged 10 or over, that he is of good character.
Application under section 1(4) of the Act
Application under section 1(4) of the Act
2.
An application under section 1(4) of the Act shall contain information showing:
F4(a)
that the applicant possesses the requisite qualifications in respect of residenceF5; and
(b)
where the applicant is aged 10 or over, that he is of good character.
3.
If the applicant was absent from the United Kingdom on more than 90 days in all in any one of the first 10 years of his life and it is desired that the application should nevertheless be considered under section 1(7) of the Act, it shall specify the special circumstances to be taken into consideration.
Application under section 3(2) of the Act
Application under section 3(2) of the Act
4.
An application under section 3(2) of the Act shall contain information showing—
(a)
that the applicant’s father or mother (“the parent in question”) was a British citizen by descent at the time of the applicant’s birth;
(b)
that the father or mother of the parent in question—
(i)
was a British citizen otherwise than by descent at the time of the birth of the parent in question; or
(ii)
became a British citizen otherwise than by descent at commencement; or
(iii)
would have become a British citizen otherwise than by descent at commencement but for his or her death;
(c)
either—
(i)
that the parent in question possesses the requisite qualifications in respect of residence; or
(ii)
that the applicant was born stateless.
F65.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Application under section 3(5) of the Act
6.
An application under section 3(5) of the Act shall contain information showing—
(a)
that the applicant’s father or mother was a British citizen by descent at the time of the applicant’s birth;
(b)
that the applicant and his father and mother possess the requisite qualifications in respect of residence;
(c)
that the consent of the applicant’s father and/or mother (as required by section 3(5)(c) and (6) of the Act) has been signified in accordance with regulation 14 and, if the consent of one parent only has been signified, the reason for that factF7; and
(d)
where the applicant is aged 10 or over, that he is of good character.
Application under section 4(2) of the Act
7.
(1)
An application under section 4(2) of the Act shall contain information showing—
(a)
that the applicant is a British overseas territories citizen, a British Overseas citizen, a British subject under the Act or a British protected person;
(b)
that the applicant possesses the requisite qualifications in respect of residence, freedom from immigration restrictions and compliance with the immigration lawsF8; and
(c)
where the applicant is aged 10 or over, that he is of good character.
(2)
If the applicant does not possess the requisite qualifications in respect of residence, freedom from immigration restrictions and compliance with the immigration laws and it is desired that the application should nevertheless be considered under section 4(4) of the Act, it shall specify the special circumstances to be taken into consideration.
Application under section 4(5) of the Act
8.
(1)
An application under section 4(5) of the Act shall contain information showing—
(a)
that the applicant is a British overseas territories citizen, a British Overseas citizen, a British subject under the Act or a British protected person;
(b)
that the applicant possesses the requisite qualifications in respect of serviceF9; and
(c)
where the applicant is aged 10 or over, that he is of good character.
(2)
The application shall specify the special circumstances to be taken into consideration.
Application under section 4A of the Act M1
9.
An application under section 4A of the Act shall contain information showing—
(a)
that the applicant is a British overseas territories citizen who is not such a citizen by virtue only of a connection with the Sovereign Base Areas of Akrotiri and Dhekelia;
(b)
that the applicant has not ceased to be a British citizen as a result of a declaration of renunciationF10; and
(c)
where the applicant is aged 10 or over, that he is of good character.
F11Application under section 4B of the Act
10.
An application under section 4B of the Act shall contain information showing—
(a)
that the applicant is a British Overseas citizen, a British subject under the Act, a British protected person or a British National (Overseas) and does not have any other citizenship or nationality; and
(b)
(i)
in the case of an application made by virtue of subsection (1)(a), (b) or (c), that the applicant has not, after 4th July 2002, renounced, voluntarily relinquished or lost through action or inaction, any citizenship or nationality; or
(ii)
in the case of an application made by virtue of subsection (1)(d), that the applicant has not, after 19th March 2009, renounced, voluntarily relinquished or lost through action or inaction, any citizenship or nationality.
F12Application under section 4C of the Act
11.
An application under section 4C of the Act shall contain information showing—
(a)
that the applicant was born before 1st January 1983;
(b)
that the applicant would at some time before 1st January 1983 have become a citizen of the United Kingdom and Colonies—
(i)
under section 5 or 12(2) of, or paragraph 3 of Schedule 3 to, the British Nationality Act 1948 if (as the case may be) that section or paragraph provided for citizenship by descent from a mother in the same terms as it provided for citizenship by descent from a father and if references in that provision to a father were references to the applicant’s mother; or
(ii)
under section 12(2), (3), (4) or (5) of the British Nationality Act 1948 if a provision of the law at some time before 1st January 1949, which provided for a nationality status to be acquired by descent from a father, provided in the same terms for its acquisition by descent from a mother and if references in that provision to a father were references to the applicant’s mother;
(c)
that immediately before 1st January 1983 the applicant would have had the right of abode in the United Kingdom by virtue of section 2 of the Immigration Act 1971 had he become a citizen of the United Kingdom and Colonies as described in either sub-paragraph (b)(i) or (ii) above; and
(d)
that he is of good character.
F13Application under section 4D of the Act
11A.
(1)
An application under section 4D of the Act shall contain information showing—
(a)
that the applicant’s father or mother was a member of the armed forces and serving outside of the United Kingdom and qualifying territories at the time of the applicant’s birth;
(b)
that the consent of the applicant’s father and/or mother (as required by section 4D(3) and (4) of the Act) has been signified in accordance with regulation 14 and, if the consent of one parent only has been signified, the reason for that fact; and
(c)
where the applicant is aged 10 or over, that he is of good character.
(2)
If the application is made without the consent of the applicant’s father and/or mother and it is desired that the application should nevertheless be considered under section 4D(5) of the Act, it shall specify the special circumstances to be taken into consideration.
Application under section 5 of the Act
12.
An application under section 5 of the Act shall contain information showing:
F14(a)
that the applicant is a British overseas territories citizen who falls to be treated as a national of the United Kingdom for the purposes of the Community TreatiesF15; and
(b)
where the applicant is aged 10 or over, that he is of good character.
Application under section 6(1)
13.
(1)
An application under section 6(1) of the Act shall contain information showing—
(a)
that the applicant possesses the requisite qualifications in respect of residence or Crown service, freedom from immigration restrictions, compliance with the immigration laws, good character, knowledge of languageF16, knowledge about life in the United Kingdom and intention with respect to residence or occupation in the event of a certificate of naturalisation being granted to him;
(b)
that the applicant is of full capacity.
(2)
If the applicant does not possess the requisite qualifications in respect of residence, freedom from immigration restrictions, compliance with the immigration laws and knowledge of language and it is desired that the application should nevertheless be considered under paragraph 2 of Schedule 1 to the Act, it shall specify the special circumstances to be taken into consideration.
F17(3)
If the applicant is not of full capacity and it is desired that the requirement of full capacity be waived in accordance with section 44A of the Act (waiver of requirement for full capacity), the application shall specify why it would be in the applicant’s best interests for the requirement to be waived in his case.
Application under section 6(2) of the Act
14.
(1)
An application under section 6(2) of the Act shall contain information showing—
(a)
that the applicant is married toF18, or is the civil partner of, a British citizen;
(b)
that the applicant possesses the requisite qualifications in respect of residence, freedom from immigration restrictions, compliance with the F19immigration laws, good character, knowledge of language and knowledge about life in the United Kingdom;
(c)
that the applicant is of full capacity.
(2)
If the applicant does not possess the requisite qualifications in respect of residence and compliance with the immigration laws and it is desired that the application should nevertheless be considered under paragraph 4 of Schedule 1 to the Act, it shall specify the special circumstances to be taken into consideration.
(3)
If the applicant does not possess the requisite qualifications in respect of residence and it is desired that the application should nevertheless be considered under paragraph 4(d) of Schedule 1 to the Act on the grounds of marriage to F20or civil partnership with a person who is serving in Crown Service under the government of the United Kingdom or other designated service, it shall specify the nature of the service and contain information showing that recruitment for that service took place in the United Kingdom.
F21(4)
If the applicant is not of full capacity and it is desired that the requirement of full capacity be waived in accordance with section 44A of the Act (waiver of requirement for full capacity), the application shall specify why it would be in the applicant’s best interests for the requirement to be waived in his case.
Application under section 10(1) of the Act
15.
An application under section 10(1) of the Act shall contain information showing—
(a)
that the applicant renounced citizenship of the United Kingdom and Colonies;
(b)
that at the time when he renounced it the applicant was, or was about to become, a citizen of a country mentioned in section 1(3) of the British Nationality Act 1948;
(c)
that the applicant could not have remained or become such a citizen but for renouncing it or had reasonable cause to believe that he would be deprived of his citizenship of that country unless he renounced it;
(d)
that the applicant possessed the requisite qualifying connection with the United Kingdom immediately before commencement or was married before commencement to a person who possessed the requisite qualifying connection with the United Kingdom immediately before commencement or would if living have possessed such a connection;
(e)
that the applicant has not previously been registered under section 10(1) of the ActF22; and
(f)
where the applicant is aged 10 or over, that he is of good character.
Application under section 10(2) of the Act
16.
F23(1)
An application under section 10(2) of the Act shall contain information showing—
(a)
that the applicant has renounced citizenship of the United Kingdom and Colonies and his reason for so doing;
(b)
that the applicant possesses the requisite qualifying connection with the United Kingdom or has been married toF24, or has been the civil partner of, a person who has, or would if living have, such a connection;
(c)
that the applicant is of full capacityF25; and
(d)
where the applicant is aged 10 or over, that he is of good character.
F26(2)
If the applicant is not of full capacity and it is desired that the requirement of full capacity be waived in accordance with section 44A of the Act (waiver of requirement for full capacity), the application shall specify why it would be in the applicant’s best interests for the requirement to be waived in his case.
Application under section 13(1) of the Act
17.
F27(1)
An application under section 13(1) of the Act shall contain information showing—
(a)
that the applicant has renounced British citizenship;
(b)
that, at the time when he renounced it, the applicant had or was about to acquire some other citizenship or nationality;
(c)
that the renunciation of British citizenship was necessary to enable him to retain or acquire that other citizenship or nationality;
(d)
that the applicant has not previously been registered under section 13(1) of the Act;
(e)
that the applicant is of full capacityF28; and
(f)
where the applicant is aged 10 or over, that he is of good character.
F29(2)
If the applicant is not of full capacity and it is desired that the requirement of full capacity be waived in accordance with section 44A of the Act (waiver of requirement for full capacity), the application shall specify why it would be in the applicant’s best interests for the requirement to be waived in his case.
Application under section 13(3) of the Act
18.
F30(1)
An application under section 13(3) of the Act shall contain information showing—
(a)
that the applicant has renounced British citizenship and his reason for so doing;
(b)
that the applicant is of full capacityF31; and
(c)
where the applicant is aged 10 or over, that he is of good character.
F32(2)
If the applicant is not of full capacity and it is desired that the requirement of full capacity be waived in accordance with section 44A of the Act (waiver of requirement for full capacity), the application shall specify why it would be in the applicant’s best interests for the requirement to be waived in his case.
Application under paragraph 3 of Schedule 2 to the Act
19.
(1)
An application under paragraph 3 of Schedule 2 to the Act shall contain information showing—
(a)
that the applicant is and always has been stateless;
(b)
that the applicant seeks British citizenship and possesses the requisite qualifications in respect of residence.
(2)
If the applicant does not possess the requisite qualifications in respect of residence and it is desired that the application should nevertheless be considered under paragraph 6 of Schedule 2 to the Act, it shall specify the special circumstances to be taken into consideration.
Application under paragraph 4 of Schedule 2
20.
(1)
An application under paragraph 4 of Schedule 2 to the Act shall contain information showing—
(a)
that the applicant is and always has been stateless;
(b)
in respect of both the father and mother of the applicant, which of the following statuses, namely, British citizenship, British overseas territories citizenship, British Overseas citizenship or the status of a British subject under the Act, was held at the time of the applicant’s birth;
(c)
that the applicant possesses the requisite qualifications in respect of residence;
(d)
if more than one of the statuses mentioned in sub-paragraph (b) above are available to the applicant, which status or statuses is or are wanted.
(2)
If the applicant does not possess the requisite qualifications in respect of residence and it is desired that the application should nevertheless be considered under paragraph 6 of Schedule 2 to the Act, it shall specify the special circumstances to be taken into consideration.
Application under paragraph 5 of Schedule 2
21.
An application under paragraph 5 of Schedule 2 to the Act shall contain information showing—
(a)
that the applicant is and always has been stateless;
(b)
if he was not born at a place which is at the date of the application within the United Kingdom and British overseas territories—
(i)
that the applicant’s mother was a citizen of the United Kingdom and Colonies at the time of his birth; or
(ii)
that he possesses the requisite qualifications in respect of parentage or residence and parentage;
(c)
that the applicant seeks British citizenship or British Overseas citizenship and that that citizenship is available to the applicant in accordance with paragraph 5(2) of Schedule 2 to the Act.
F33SCHEDULE 2ASPECIFIED ENGLISH LANGUAGE TESTS AND QUALIFICATIONS AND ENGLISH SPEAKING COUNTRIES
Specified English Language Tests and Qualifications
1.
The following tests and qualifications are specified for the purposes of regulation 5A(1)(a)—
(a)
a qualification included on the register maintained by the Office of Qualifications and Examinations Regulation under section 148 of the Apprenticeships, Skills, Children and Learning Act 2009 (“the Register of Regulated Qualifications”) which—
(i)
is classified on the Register of Regulated Qualifications as a qualification in English for speakers of other languages;
(ii)
was obtained in England, Wales or Northern Ireland; and
(iii)
is at a level equivalent to level B1 or above on the Council of Europe’s Common European Framework of Reference for Languages: Learning, Teaching, Assessment;
(b)
a National Qualification in English awarded by the Scottish Qualifications Authority which—
(i)
was obtained in Scotland; and
(ii)
is at level 4, 5 or 6 on the Scottish Credit and Qualifications Framework;
(c)
a qualification or test specified in the following table which is at a level equivalent to level B1 or above on the Council of Europe’s Common European Framework of Reference for Languages: Learning, Teaching, Assessment.
Awarding body | Specified English language test or qualification |
|---|---|
Cambridge English (previously known as Cambridge ESOL) | Business Language Testing Service (BULATS) Online Test (Certificated version) |
Cambridge English: Key (also known as Key English Test) | |
Cambridge English: Preliminary (also known as Preliminary English Test) | |
Cambridge English: First (also known as First Certificate in English) | |
Cambridge English: Advanced (also known as Certificate in Advanced English) | |
Cambridge English: Proficiency (also known as Certificate of Proficiency in English) | |
Cambridge English: Business Preliminary (also known as Business English Certificate Preliminary) | |
Cambridge English: Business Vantage (also known as Business English Certificate Vantage) | |
Cambridge English: Business Higher (also known as Business English Certificate Higher) | |
Cambridge English: Legal (also known as International Legal English Certificate) | |
Cambridge English: Financial (also known as International Certificate in Financial English) | |
ESOL Skills for Life at Entry level 3, level 1 or level 2 | |
IELTS (International English Language Testing System) | |
Cambridge International Examinations | Cambridge IGCSE: English as a First Language |
Cambridge IGCSE: English as a Second Language | |
City and Guilds | City and Guilds International ESOL (IESOL) Diploma |
F34. . . | F34... |
F34... | |
Pearson | Pearson Test of English Academic (PTE Academic) |
Trinity College London | ESOL Skills for Life at Entry level 3, level 1 or level 2 |
Integrated Skills in English |
Specified English Speaking Countries
2.
The following countries are specified English speaking countries for the purposes of regulation 5A(1)(b)(ii) and (e)—
(a)
Antigua and Barbuda;
(b)
Australia;
(c)
the Bahamas;
(d)
Barbados;
(e)
Belize;
(f)
Canada;
(g)
Dominica;
(h)
Grenada;
(i)
Guyana;
(j)
Jamaica;
(k)
New Zealand;
(l)
the Republic of Ireland;
(m)
Saint Christopher and Nevis;
(n)
Saint Lucia;
(o)
Saint Vincent and the Grenadines;
(p)
Trinidad and Tobago; or
(q)
the United States of America.
SCHEDULE 3ADMINISTRATION OF F35CITIZENSHIP OATH OR PLEDGE
1.
Subject to F36paragraphs 2 and 3, F36a citizenship oath or pledge shall be administered by one of the following persons:
(a)
in England and Wales or Northern Ireland—any justice of the peace, commissioner for oaths or notary public;
(b)
in Scotland—any sheriff principal, sheriff, justice of the peace or notary public;
(c)
in the Channel Islands, the Isle of Man or any British overseas territory—any judge of any court of civil or criminal jurisdiction, any justice of the peace or magistrate, or any person for the time being authorised by the law of the place where the applicant, declarant or deponent is, to administer an oath for any judicial or other legal purpose;
(d)
in any country mentioned in Schedule 3 to the Act of which Her Majesty is Queen, or in any territory administered by the government of any such country—any person for the time being authorised by the law of the place where the deponent is to administer an oath for any judicial or other legal purpose, any consular officer or any established officer of the Diplomatic Service of Her Majesty’s Government in the United Kingdom;
(e)
elsewhere—any consular officer, any established officer of 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.
F393.
Where a citizenship oath and pledge is required by section 42 of the Act to be made at a citizenship ceremony, it shall be administered at the ceremony:
(a)
in the case of a ceremony held in England, Wales or Scotland, by a registrar (within the meaning of section 41(3B) of the Act); and
(b)
in the case of a ceremony held elsewhere, by a person authorised to do so by the Secretary of State.
F40SCHEDULE 4FORM OF CERTIFICATE OF NATURALISATION AS A BRITISH CITIZEN
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 5REQUIREMENTS AS RESPECTS DECLARATIONS OF RENUNCIATION
1.
A declaration shall be made in writing and shall state the name, address, date and place of birth of the declarant.
2.
A declaration shall contain information showing that the declarant—
(a)
is a British citizen, British Overseas citizen or British subject, as the case may be;
(b)
is of full age or, if not, has been married F41or has been a civil partner;
(c)
is of full capacity;
(d)
will, after the registration of the declaration, have or acquire some citizenship or nationality other than British citizenship, British Overseas citizenship or British subject status, as the case may be.
F422A.
If the declarant is not of full capacity and it is desired that the requirement of full capacity be waived in accordance with section 44A of the Act (waiver of requirement for full capacity), the declaration shall specify why it would be in the applicant’s best interests for the requirement to be waived in his case.
3.
A declaration shall contain a declaration that the particulars stated therein are true.