The British Nationality (General) Regulations 2003

Regulation 3

SCHEDULE 1 U.K. GENERAL REQUIREMENTS AS RESPECTS APPLICATIONS

PART I U.K. All applications

1.  An application shall be made in writing and shall state the name, address and date and place of birth of the applicant. U.K.

2.  An application shall contain a declaration that the particulars stated therein are true. U.K.

PART II U.K. Applications 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. U.K.

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. U.K.

Regulation 3

SCHEDULE 2 U.K. PARTICULAR REQUIREMENTS AS RESPECTS APPLICATIONS

[F1 Interpretation U.K.

Textual Amendments

F1 Sch. 2 para. A1 and cross-heading inserted (6.4.2015) by The British Nationality (General) (Amendment No. 2) Regulations 2015 (S.I. 2015/681), regs. 1, 4(2)

A1.   In this Schedule— U.K.

(a) a reference to a person’s “natural father” is to be construed in accordance with section 4J(1) of the Act;

(b) a reference to a person automatically becoming a British citizen, or a citizen of the United Kingdom and Colonies, is to be construed in accordance with section 4J(4) of the Act.]

Application under section 1(3) of the Act U.K.

1.  An application under section 1(3) of the Act shall contain information showing: U.K.

[F2 (a)]  that the applicant’s father or mother became a British citizen, or became settled in the United Kingdom, after the applicant’s birth[F3 ; and

(b) where the applicant is aged 10 or over, that he is of good character.]

Textual Amendments

F2 Words in Sch. 2 para. 1 renumbered as Sch. 2 para. 1(a) (3.12.2007) by The British Nationality (General and Hong Kong) (Amendment) Regulations 2007 (S.I. 2007/3137), regs. 1(1), 4(2)(a)

F3 Sch. 2 para. 1(b) and word inserted (3.12.2007) by The British Nationality (General and Hong Kong) (Amendment) Regulations 2007 (S.I. 2007/3137), regs. 1(1), 4(2)(b)

[F4 Application under section 1(3A) of the Act U.K.

Textual Amendments

F4 Sch. 2 para. 1A and-cross-heading inserted (13.1.2010) by The British Nationality (General) (Amendment) Regulations 2009 (S.I. 2009/3363), regs. 1, 4(1)

1A.   An application under section 1(3A) shall contain information showing— U.K.

(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 U.K.

Application under section 1(4) of the Act U.K.

2.  An application under section 1(4) of the Act shall contain information showing:

[F5 (a)]  that the applicant possesses the requisite qualifications in respect of residence[F6 ; and

(b) where the applicant is aged 10 or over, that he is of good character.]

Textual Amendments

F5 Words in Sch. 2 para. 2 renumbered as Sch. 2 para. 2(a) (3.12.2007) by The British Nationality (General and Hong Kong) (Amendment) Regulations 2007 (S.I. 2007/3137), regs. 1(1), 4(2)(a)

F6 Sch. 2 para. 2(b) and word inserted (3.12.2007) by The British Nationality (General and Hong Kong) (Amendment) Regulations 2007 (S.I. 2007/3137), regs. 1(1), 4(2)(b)

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. U.K.

Application under section 3(2) of the Act U.K.

Application under section 3(2) of the Act U.K.

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.

F7 5.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F7 Sch. 2 para. 5 omitted (13.1.2010) by virtue of The British Nationality (General) (Amendment) Regulations 2009 (S.I. 2009/3363), regs. 1, 4(2)

Application under section 3(5) of the Act U.K.

6.  An application under section 3(5) of the Act shall contain information showing— U.K.

(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 fact[F8 ; and

(d) where the applicant is aged 10 or over, that he is of good character.]

Textual Amendments

F8 Sch. 2 para. 6(d) and word inserted (3.12.2007) by The British Nationality (General and Hong Kong) (Amendment) Regulations 2007 (S.I. 2007/3137), regs. 1(1), 4(3)

Application under section 4(2) of the Act U.K.

7.—(1) An application under section 4(2) of the Act shall contain information showing— U.K.

(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 laws[F9 ; and

(c) where the applicant is aged 10 or over, that he is of good character.]

[F10 (1A) Where the applicant is relying upon a right of permanent residence in the United Kingdom by virtue of an enforceable EU right or any provision made under section 2(2) of the European Communities Act 1972 to satisfy the requirement in section 4(2)(c) of the Act, the information showing freedom from immigration restrictions mentioned in sub-paragraph (1) must be in the form of—

(a) a permanent residence card,

(b) a document certifying permanent residence,

(c) a residence document issued under the Immigration (European Economic Area) Regulations 2000 which is endorsed under the immigration rules to show permission to remain in the United Kingdom indefinitely, or

(d) a residence permit issued under the Immigration (European Economic Area) Regulations 2000 which is endorsed under the immigration rules to show permission to remain in the United Kingdom indefinitely.]

(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.

Textual Amendments

F9 Sch. 2 para. 7(1)(c) and word inserted (3.12.2007) by The British Nationality (General and Hong Kong) (Amendment) Regulations 2007 (S.I. 2007/3137), regs. 1(1), 4(4)

F10 Sch. 2 para. 7(1A) inserted (12.11.2015) by The British Nationality (General) (Amendment No. 3) Regulations 2015 (S.I. 2015/1806), regs. 1, 7(2)

Application under section 4(5) of the Act U.K.

8.—(1) An application under section 4(5) of the Act shall contain information showing— U.K.

(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 service[F11 ; 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.

Textual Amendments

F11 Sch. 2 para. 8(1)(c) and word inserted (3.12.2007) by The British Nationality (General and Hong Kong) (Amendment) Regulations 2007 (S.I. 2007/3137), regs. 1(1), 4(4)

Application under section 4A of the Act M1 U.K.

Marginal Citations

M1 Section 4A was inserted by section 4 of the British Overseas Territories Act 2002 (c. 8).

9.  An application under section 4A of the Act shall contain information showing— U.K.

(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 renunciation[F12 ; and

(c) where the applicant is aged 10 or over, that he is of good character.]

Textual Amendments

F12 Sch. 2 para. 9(c) and word inserted (3.12.2007) by The British Nationality (General and Hong Kong) (Amendment) Regulations 2007 (S.I. 2007/3137), regs. 1(1), 4(4)

[F13 Application under section 4B of the Act U.K.

Textual Amendments

F13 Sch. 2 para. 10 and-cross-heading substituted (13.1.2010) by The British Nationality (General) (Amendment) Regulations 2009 (S.I. 2009/3363), regs. 1, 4(3)

10.   An application under section 4B of the Act shall contain information showing— U.K.

(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.]

[F14 Application under section 4C of the Act U.K.

Textual Amendments

F14 Sch. 2 para. 11 and-cross-heading substituted (13.1.2010) by The British Nationality (General) (Amendment) Regulations 2009 (S.I. 2009/3363), regs. 1, 4(4)

11.   An application under section 4C of the Act shall contain information showing— U.K.

(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.]

[F15 Application under section 4D of the Act U.K.

Textual Amendments

F15 Sch. 2 para. 11A and-cross-heading inserted (13.1.2010) by The British Nationality (General) (Amendment) Regulations 2009 (S.I. 2009/3363), regs. 1, 4(5)

11A.— (1) An application under section 4D of the Act shall contain information showing— U.K.

(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.]

[F16 Application under section 4F of the Act U.K.

Textual Amendments

F16 Sch. 2 paras. 11B-11E and cross-headings inserted (6.4.2015) by The British Nationality (General) (Amendment No. 2) Regulations 2015 (S.I. 2015/681), regs. 1, 4(3)

11B.   An application under section 4F of the Act shall contain information showing— U.K.

(a) that the applicant would be entitled to be registered as a British Citizen under section 1(3), 3(2), or 3(5) of, or paragraph 4 or 5 of Schedule 2 to, the Act, had his mother been married to his natural father at the time of his birth; and

(b) where the applicant is aged 10 or over, that he is of good character.]

[F16 Application under section 4G of the Act U.K.

11C.   An application under section 4G of the Act shall contain information showing— U.K.

(a) that the applicant would have automatically become a British citizen by birth by operation of any provision of the Act or the British Nationality (Falkland Islands) Act 1983 (“the 1983 Act”), at any time in the period after commencement of the Act or (as the case may be) the 1983 Act, had his mother been married to his natural father at the time of his birth; and

(b) where the applicant is aged 10 or over, that he is of good character.]

[F16 Application under section 4H of the Act U.K.

11D.   An application under section 4H of the Act shall contain information showing— U.K.

(a) that the applicant was a citizen of the United Kingdom and Colonies immediately before commencement of the Act;

(b) that the applicant would have automatically become a British citizen at commencement of the Act, by the operation of any provision of the Act, had his mother been married to his natural father at the time of his birth; and

(c) that the applicant is of good character.]

[F16 Application under section 4I of the Act U.K.

11E.— (1) An application under section 4I of the Act shall contain information showing— U.K.

(a) that the applicant—

(i) ceased to be a British subject or a citizen of the United Kingdom and Colonies by virtue of the commencement of any independence legislation, but would not have done so had his mother been married to his natural father at the time of his birth;

(ii) was a British subject who did not automatically become a citizen of the United Kingdom and Colonies at commencement of the British Nationality Act 1948 by the operation of any provision of it, but would have done so had his mother been married to his natural father at the time of his birth; or

(iii) would have automatically become a British subject or citizen of the United Kingdom and Colonies at birth or by virtue of paragraph 3 of Schedule 3 to the British Nationality Act 1948, had his mother been married to his natural father at the time of his birth; and

(b) that the applicant is of good character.

(2) In this paragraph, “British subject” and “independence legislation” have the same meaning as in section 4I(7) of the Act.]

Application under section 5 of the Act U.K.

12.  An application under section 5 of the Act shall contain information showing: U.K.

[F17 (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 Treaties[F18 ; and

(b) where the applicant is aged 10 or over, that he is of good character.]

Textual Amendments

F17 Words in Sch. 2 para. 12 renumbered as Sch. 2 para. 12(a) (3.12.2007) by The British Nationality (General and Hong Kong) (Amendment) Regulations 2007 (S.I. 2007/3137), regs. 1(1), 4(2)(a)

F18 Sch. 2 para. 12(b) and word inserted (3.12.2007) by The British Nationality (General and Hong Kong) (Amendment) Regulations 2007 (S.I. 2007/3137), regs. 1(1), 4(2)(b)

Application under section 6(1) U.K.

13.—(1) An application under section 6(1) of the Act shall contain information showing— U.K.

(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 language[F19 , 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.

[F20 (1A) Where the applicant is relying upon a right of permanent residence in the United Kingdom by virtue of an enforceable EU right or any provision made under section 2(2) of the European Communities Act 1972 to satisfy the requirement in paragraph 1(2)(c) of Schedule 1 to the Act, the information showing freedom from immigration restrictions mentioned in sub-paragraph (1) must be in the form of—

(a) a permanent residence card,

(b) a document certifying permanent residence,

(c) a residence document issued under the Immigration (European Economic Area) Regulations 2000 which is endorsed under the immigration rules to show permission to remain in the United Kingdom indefinitely, or

(d) a residence permit issued under the Immigration (European Economic Area) Regulations 2000 which is endorsed under the immigration rules to show permission to remain in the United Kingdom indefinitely.]

(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.

[F21 (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.]

Textual Amendments

F19 Words in Sch. 2 para. 13(1)(a) inserted (1.11.2005) by The British Nationality (General) (Amendment) Regulations 2005 (S.I. 2005/2785), regs. 1(2), 4(a)

F20 Sch. 2 para. 13(1A) inserted (12.11.2015) by The British Nationality (General) (Amendment No. 3) Regulations 2015 (S.I. 2015/1806), regs. 1, 7(3)

F21 Sch. 2 para. 13(3) inserted (3.12.2007) by The British Nationality (General and Hong Kong) (Amendment) Regulations 2007 (S.I. 2007/3137), regs. 1(1), 4(5)

Application under section 6(2) of the Act U.K.

14.—(1) An application under section 6(2) of the Act shall contain information showing— U.K.

(a) that the applicant is married to[F22 , 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 [F23 immigration laws, good character, knowledge of language and knowledge about life in the United Kingdom];

(c) that the applicant is of full capacity.

[F24 (1A) Where the applicant is relying upon a right of permanent residence in the United Kingdom by virtue of an enforceable EU right or any provision made under section 2(2) of the European Communities Act 1972 to satisfy the requirement in paragraph 3(c) of Schedule 1 to the Act, the information showing freedom from immigration restrictions mentioned in sub-paragraph (1) must be in the form of—

(a) a permanent residence card,

(b) a document certifying permanent residence,

(c) a residence document issued under the Immigration (European Economic Area) Regulations 2000 which is endorsed under the immigration rules to show permission to remain in the United Kingdom indefinitely, or

(d) a residence permit issued under the Immigration (European Economic Area) Regulations 2000 which is endorsed under the immigration rules to show permission to remain in the United Kingdom indefinitely.]

(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 [F25 or 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.

[F26 (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.]

Textual Amendments

F22 Words in Sch. 2 para. 14(1)(a) inserted (5.12.2005) by The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005 (S.I. 2005/2114), art. 1, Sch. 13 para. 5(2)(a)

F23 Words in Sch. 2 para. 14(1)(b) substituted (1.11.2005) by The British Nationality (General) (Amendment) Regulations 2005 (S.I. 2005/2785), regs. 1(2), 4(b)

F24 Sch. 2 para. 14(1A) inserted (12.11.2015) by The British Nationality (General) (Amendment No. 3) Regulations 2015 (S.I. 2015/1806), regs. 1, 7(4)

F25 Words in Sch. 2 para. 14(3) inserted (5.12.2005) by The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005 (S.I. 2005/2114), art. 1, Sch. 13 para. 5(2)(b)

F26 Sch. 2 para. 14(4) inserted (3.12.2007) by The British Nationality (General and Hong Kong) (Amendment) Regulations 2007 (S.I. 2007/3137), regs. 1(1), 4(6)

Application under section 10(1) of the Act U.K.

15.  An application under section 10(1) of the Act shall contain information showing— U.K.

(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 Act[F27 ; and

(f) where the applicant is aged 10 or over, that he is of good character.]

Textual Amendments

F27 Sch. 2 para. 15(f) and word inserted (3.12.2007) by The British Nationality (General and Hong Kong) (Amendment) Regulations 2007 (S.I. 2007/3137), regs. 1(1), 4(7)

Application under section 10(2) of the Act U.K.

16.— [F28 (1)]  An application under section 10(2) of the Act shall contain information showing— U.K.

(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 to[F29 , 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 capacity[F30 ; and

(d) where the applicant is aged 10 or over, that he is of good character.]

[F31 (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.]

Textual Amendments

F28 Sch. 2 para. 16 renumbered as Sch. 2 para. 16(1) (3.12.2007) by The British Nationality (General and Hong Kong) (Amendment) Regulations 2007 (S.I. 2007/3137), regs. 1(1), 4(8)(a)

F29 Words in Sch. 2 para. 16(b) inserted (5.12.2005) by The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005 (S.I. 2005/2114), art. 1, Sch. 13 para. 5(2)(c)

F30 Sch. 2 para. 16(1)(d) and word inserted (3.12.2007) by The British Nationality (General and Hong Kong) (Amendment) Regulations 2007 (S.I. 2007/3137), regs. 1(1), 4(8)(b)

F31 Sch. 2 para. 16(2) inserted (3.12.2007) by The British Nationality (General and Hong Kong) (Amendment) Regulations 2007 (S.I. 2007/3137), regs. 1(1), 4(8)(c)

Application under section 13(1) of the Act U.K.

17.— [F32 (1)]  An application under section 13(1) of the Act shall contain information showing— U.K.

(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 capacity[F33 ; and

(f) where the applicant is aged 10 or over, that he is of good character.]

[F34 (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.]

Textual Amendments

F32 Sch. 2 para. 17 renumbered as Sch. 2 para. 17(1) (3.12.2007) by The British Nationality (General and Hong Kong) (Amendment) Regulations 2007 (S.I. 2007/3137), regs. 1(1), 4(9)(a)

F33 Sch. 2 para. 17(1)(f) and word inserted (3.12.2007) by The British Nationality (General and Hong Kong) (Amendment) Regulations 2007 (S.I. 2007/3137), regs. 1(1), 4(9)(b)

F34 Sch. 2 para. 17(2) inserted (3.12.2007) by The British Nationality (General and Hong Kong) (Amendment) Regulations 2007 (S.I. 2007/3137), regs. 1(1), 4(9)(c)

Application under section 13(3) of the Act U.K.

18.— [F35 (1)]  An application under section 13(3) of the Act shall contain information showing— U.K.

(a) that the applicant has renounced British citizenship and his reason for so doing;

(b) that the applicant is of full capacity[F36 ; and

(c) where the applicant is aged 10 or over, that he is of good character.]

[F37 (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.]

Textual Amendments

F35 Sch. 2 para. 18 renumbered as Sch. 2 para. 18(1) (3.12.2007) by The British Nationality (General and Hong Kong) (Amendment) Regulations 2007 (S.I. 2007/3137), regs. 1(1), 4(10)(a)

F36 Sch. 2 para. 18(1)(c) and word inserted (3.12.2007) by The British Nationality (General and Hong Kong) (Amendment) Regulations 2007 (S.I. 2007/3137), regs. 1(1), 4(10)(b)

F37 Sch. 2 para. 18(2) inserted (3.12.2007) by The British Nationality (General and Hong Kong) (Amendment) Regulations 2007 (S.I. 2007/3137), regs. 1(1), 4(10)(c)

Application under paragraph 3 of Schedule 2 to the Act U.K.

19.—(1) An application under paragraph 3 of Schedule 2 to the Act shall contain information showing— U.K.

(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 U.K.

20.—(1) An application under paragraph 4 of Schedule 2 to the Act shall contain information showing— U.K.

(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 U.K.

21.  An application under paragraph 5 of Schedule 2 to the Act shall contain information showing— U.K.

(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.

Regulation 5A

[F38 SCHEDULE 2A U.K. SPECIFIED ENGLISH LANGUAGE TESTS F39 ... AND ENGLISH SPEAKING COUNTRIES

Textual Amendments

F38 Sch. 2A inserted (28.10.2013) by The British Nationality (General) (Amendment) Regulations 2013 (S.I. 2013/2541), regs. 1, 4

F39 Words in Sch. 2A heading omitted (12.11.2015) by virtue of The British Nationality (General) (Amendment No. 3) Regulations 2015 (S.I. 2015/1806), regs. 1, 8(a)

Specified English Language TestsF40 ... U.K.

1.— [F41 (1)]  The following tests F42 ... are specified for the purposes of regulation 5A(1)(a)—

F43 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F43 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F44 (c) a test specified in Table 1, where the test is taken within the United Kingdom, or Table 2, where the test is taken outside the United Kingdom, which—

(i) 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;

(ii) was taken at an approved English language test centre; and

(iii) was taken no more than two years before the date of the application for naturalisation.]

[F45 (2) In this paragraph—

“approved English language test centre” means a test centre which has been approved by the Secretary of State for the purpose of an application for naturalisation;

“United Kingdom” has the same meaning as in Schedule 1 to the Interpretation Act 1978.

Table 1

Recognised English Language Tests within the United Kingdom

Awarding body	Specified English language test
Cambridge English	IELTS (International English Language Testing System) IELTS (International English Language Testing System) Life Skills
Trinity College London	Integrated Skills in English
Trinity College London	Graded Examinations in Spoken English

Table 2

Recognised English Language Tests outside the United Kingdom

Awarding body	Specified English language test
Cambridge English	IELTS (International English Language Testing System) IELTS (International English Language Testing System) Life Skills]

Textual Amendments

F40 Words in Sch. 2A para. 1 heading omitted (12.11.2015) by virtue of The British Nationality (General) (Amendment No. 3) Regulations 2015 (S.I. 2015/1806), regs. 1, 8(b)

F41 Sch. 2A para. 1 renumbered as Sch. 2A para. 1(1) (6.4.2015) by The British Nationality (General) (Amendment No. 2) Regulations 2015 (S.I. 2015/681), regs. 1, 5(2) (with reg. 6)

F42 Words in Sch. 2A para. 1(1) omitted (12.11.2015) by virtue of The British Nationality (General) (Amendment No. 3) Regulations 2015 (S.I. 2015/1806), regs. 1, 8(c)(i)

F43 Sch. 2A para. 1(1)(a)(b) omitted (12.11.2015) by virtue of The British Nationality (General) (Amendment No. 3) Regulations 2015 (S.I. 2015/1806), regs. 1, 8(c)(ii)

F44 Sch. 2A para. 1(1)(c) substituted (6.4.2015) by The British Nationality (General) (Amendment No. 2) Regulations 2015 (S.I. 2015/681), regs. 1, 5(3) (with reg. 6)

F45 Sch. 2A para. 1(2) and Tables 1, 2 inserted (6.4.2015) by The British Nationality (General) (Amendment No. 2) Regulations 2015 (S.I. 2015/681), regs. 1, 5(4) (with reg. 6)

Specified English Speaking Countries U.K.

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.]

Regulation 6

SCHEDULE 3 U.K. ADMINISTRATION OF [F46 CITIZENSHIP OATH OR PLEDGE]

Textual Amendments

F46 Words in Sch. 3 heading substituted (1.1.2004) by The British Nationality (General) (Amendment) Regulations 2003 (S.I. 2003/3158), regs. 1, 5(a)

1.  Subject to [F47 paragraphs 2 and 3], [F47 a citizenship oath or pledge] shall be administered by one of the following persons: U.K.

(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.

Textual Amendments

F47 Words in Sch. 3 para. 1 substituted (1.1.2004) by The British Nationality (General) (Amendment) Regulations 2003 (S.I. 2003/3158), regs. 1, 5(b)

2.  If the deponent is serving in Her Majesty’s naval, military or air forces, the oath [F48 or pledge] may be administered by any officer holding a commission in any of those forces, whether the oath [F48 or pledge] is made F49 ...in the United Kingdom or elsewhere. U.K.

Textual Amendments

F48 Words in Sch. 3 para. 2 inserted (1.1.2004) by The British Nationality (General) (Amendment) Regulations 2003 (S.I. 2003/3158), regs. 1, 5(c)

F49 Words in Sch. 3 para. 2 omitted (1.1.2004) by virtue of The British Nationality (General) (Amendment) Regulations 2003 (S.I. 2003/3158), regs. 1, 5(c)

[F50 3.   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: U.K.

(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.]

Textual Amendments

F50 Sch. 3 para. 3 inserted (1.1.2004) by The British Nationality (General) (Amendment) Regulations 2003 (S.I. 2003/3158), regs. 1, 5(d)

Regulation 7

F51 SCHEDULE 4 U.K. FORM OF CERTIFICATE OF NATURALISATION AS A BRITISH CITIZEN

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F51 Sch. 4 omitted (3.12.2007) by virtue of The British Nationality (General and Hong Kong) (Amendment) Regulations 2007 (S.I. 2007/3137), regs. 1(1), 5

Regulation 8

SCHEDULE 5 U.K. REQUIREMENTS 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. U.K.

2.  A declaration shall contain information showing that the declarant— U.K.

(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 [F52 or 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.

Textual Amendments

F52 Words in Sch. 5 para. 2(b) inserted (5.12.2005) by The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005 (S.I. 2005/2114), art. 1, Sch. 13 para. 5(3)

[F53 2A.   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.] U.K.

Textual Amendments

F53 Sch. 5 para. 2A inserted (3.12.2007) by The British Nationality (General and Hong Kong) (Amendment) Regulations 2007 (S.I. 2007/3137), regs. 1(1), 6

3.  A declaration shall contain a declaration that the particulars stated therein are true. U.K.