The British Nationality (General) (Amendment No. 2) Regulations 2015

Amendments to Schedule 2

4.—(1) Schedule 2 (particular requirements as respects applications) is amended as follows.

(2) Before paragraph 1, insert—

“Interpretation

A1.   In this Schedule—

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

(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.”

(3) After paragraph 11A, insert—

“Application under section 4F of the Act

11B.   An application under section 4F of the Act(2) shall contain information showing—

(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(3), 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.

Application under section 4G of the Act

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

(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(5) (“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.

Application under section 4H of the Act

11D.   An application under section 4H of the Act(6) shall contain information showing—

(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.

Application under section 4I of the Act

11E.— (1) An application under section 4I of the Act(7) shall contain information showing—

(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(8) 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(9), 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.”

(1)

Section 4J is inserted by section 65 of the Immigration Act 2014 (c. 22).

(2)

Section 4F is inserted by section 65 of the Immigration Act 2014.

(3)

Section 1(3) was amended by section 41(3) of the Borders, Citizenship and Immigration Act 2009 (c. 11). Section 3(2) was amended by paragraph 3(2) of Schedule 5 to the British Overseas Territories Act 2002 (c. 8) and section 41(2) of the Borders, Citizenship and Immigration Act 2009. Section 3(5) was amended by paragraph 3(4) of Schedule 5 to the British Overseas Territories Act 2002. Paragraph 4 of Schedule 2 was amended by sections 1(1)(b) and 2(2)(b) of the British Overseas Territories Act 2002.

(4)

Section 4G is inserted by section 65 of the Immigration Act 2014.

(5)

1983 c. 6.

(6)

Section 4H is inserted by section 65 of the Immigration Act 2014.

(7)

Section 4I is inserted by section 65 of the Immigration Act 2014.

(8)

1948 c. 56.

(9)

Schedule 3 was repealed by section 52(8) of, and Schedule 9 to, the British Nationality Act 1981.