. Any changes that have already been made by the team appear in the content and are referenced with annotations. (b) an application is made for his registration as a British citizen. Subsequently… [FN1] words inserted by British Overseas Territories Act (2002 c.8), Sch 1 Para 2 (4) (a). . Right to registration by virtue of residence in U.K. or relevant employment. Exercise of functions of Secretary of State by Governors and others. (1) This section applies to any person who is a [British overseas territories citizen] [FN2], a British National (Overseas), a British Overseas citizen, a British subject under this Act or a British protected person. [FN1] words inserted by Nationality, Immigration and Asylum Act (2002 c.41), Pt 1 s 13 (2), (1) A person born in a British overseas territory after commencement shall be a [British overseas territories citizen] [FN1] if at the time of the birth his father or mother is--, (a) a [British overseas territories citizen] [FN2]; or. To understand whether or not the text of this legislation is up to date, please check those references in the following pieces of legislation. Section 4B British Nationality Act 1981 British Nationals (Overseas) can be registered under section 4B of the British Nationality Act 1981. Subsequently, the British Nationality Act has been significantly amended, including: British Nationality  (Falkland Islands) Act 1983 In 1977, a Green Paper was produced outlining options for reform of the nationality code. (b) is such a citizen and is serving outside the British overseas territories in service to which this paragraph applies, his or her recruitment for that service having taken place in a British overseas territory. Under this act, people from former colonies and British Commonwealth countries could register as British citizens. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to British Nationality Act 1981. The British Nationality Act 1981 (c.61) is an Act of the Parliament of the United Kingdom concerning British nationality since 1 January 1983. 25. Both major parties were in agreement on the new law. (4) If in the special circumstances of any particular case the Secretary of State thinks fit, he may for the purposes of subsection (2) do all or any of the following things, namely--. (6) Where an order in consequence of which any person became a [British overseas territories citizen] [FN10] by virtue of subsection (5) ceases to have effect, whether on annulment or otherwise, the cesser shall not affect the status of that person as such a citizen. The British Nationality Act 1981 contains provisions for acquisition and loss of British Dependent Territories citizenship (BDTC) (renamed British Overseas Territories citizenship (BOTC) in 2002) on a similar basis to those for British citizenship. Meaning of British overseas territories citizen“by descent”. Only in exceptional cases is a person naturalised as a BOTC by the Home Office in the UK. Total number of British citizenship applications made under Section 3(1) of the British Nationality Act 1981 categorised by applicants’ age and outcomes from 1 … . [FN3] words substituted by British Overseas Territories Act (2002 c.8), s 2 (2), [FN4] words substituted by British Overseas Territories Act (2002 c.8), s 2 (2), [FN5] words substituted by British Overseas Territories Act (2002 c.8), s 2 (2), [FN6] words substituted by British Overseas Territories Act (2002 c.8), s 2 (2), [FN7] words substituted by British Overseas Territories Act (2002 c.8), s 2 (2), [FN8] words substituted by British Overseas Territories Act (2002 c.8), s 2 (2), [FN9] words substituted by British Overseas Territories Act (2002 c.8), s 2 (2), [FN10] words substituted by British Overseas Territories Act (2002 c.8), s 2 (2), (1) A person born outside the British overseas territories after commencement shall be a [British overseas territories citizen] [FN1] if at the time of the birth his father or mother--, (a) is such a citizen otherwise than by descent; or. Subsequently, the British Nationality Act has been significantly amended, including: British Nationality (Falkland Islands) Act … For more information see the EUR-Lex public statement on re-use. (3) A person born in the United Kingdom after commencement who is not a British citizen by virtue of subsection (1) or (2) shall be entitled to be registered as a British citizen if, while he is a minor--, (a) his father or mother becomes a British citizen or becomes settled in the United Kingdom; and. (2) A new-born infant who, after commencement, is found abandoned in a British overseas territory shall, unless the contrary is shown, be deemed for the purposes of subsection (1)--, (a) to have been born in that territory after commencement; and. Changes to legislation: British Nationality Act 1981, Section 40 is up to date with all changes known to be in force on or before 18 Oct 2020. 5. (1) The qualifying period for the purposes of paragraph 1... Naturalisation as a British overseas territories citizen under section 18(1). 2) Act 1964 (stateless persons) on the ground mentioned in subsection (1)(a) of that section (namely that his mother was a citizen of the United Kingdom and Colonies at the time when he was born) shall not become a British citizen under subsection (1) unless--, (a) his mother becomes a British citizen under subsection (1) or would have done so but for her death; or. Exercise of functions of Secretary of State by Governors and others. Since 1 January 1983 women have been able to pass on British citizenship to their children who were born outside the UK in the same way as men. (b) [...] [FN2]has been married to a person who has, or would if living have, such a connection. The British Nationality Act 1948 created the new status of citizen of the United Kingdom and the colonies. The British Nationality Act 1981 is an important act of the Thatcher government, intended to reform nationality rules. . (1) For the purposes of this Act a British citizen is a British citizen "by descent" if and only if--, (a) he is a person born outside the United Kingdom after commencement who is a British citizen by virtue of section 2(1)(a) only or by virtue of registration under section 3(2) or 9; or, (b) subject to subsection (2), he is a person born outside the United Kingdom before commencement who became a British citizen at commencement and immediately before commencement--, (i) was a citizen of the United Kingdom and Colonies by virtue of section 5 of the 1948 Act (citizenship by descent); or, (ii) was a person who, under any provision of the British Nationality Acts 1948 to 1965, was deemed for the purposes of the proviso to section 5(1) of the 1948 Act to be a citizen of the United Kingdom and Colonies by descent only, or would have been so deemed if male; or, (iii) had the right of abode in the United Kingdom by virtue only of paragraph (b) of subsection (1) of section 2 of the Immigration Act 1971 as then in force (connection with United Kingdom through parent or grandparent), or by virtue only of that paragraph and paragraph (c) of that subsection (settlement in United Kingdom with five years' ordinary residence there), or by virtue only of being or having been the wife of a person who immediately before commencement had that right by virtue only of the said paragraph (b) or the said paragraphs (b) and (c); or, (iv) being a woman, was a citizen of the United Kingdom and Colonies as a result of her registration as such a citizen under section 6(2) of the 1948 Act by virtue of having been married to a man who at commencement became a British citizen by descent or would have done so but for his having died or ceased to be a citizen of the United Kingdom and Colonies as a result of a declaration of renunciation; or, (c) he is a British citizen by virtue of registration under section 3(1) and either--, (i) his father or mother was a British citizen at the time of the birth; or, (ii) his father or mother was a citizen of the United Kingdom and Colonies at that time and became a British citizen at commencement, or would have done so but for his or her death; or, (d) he is a British citizen by virtue of registration under [section 4B, 4C or 5] [FN1]; or, (e) subject to subsection (2), being a woman born outside the United Kingdom before commencement, she is a British citizen as a result of her registration as such a citizen under section 8 by virtue of being or having been married to a man who at commencement became a British citizen by descent or would have done so but for his having died or ceased to be a citizen of the United Kingdom and Colonies as a result of a declaration of renunciation; or, (f) he is a British citizen by virtue of registration under section 10 who, having before commencement ceased to be a citizen of the United Kingdom and Colonies as a result of a declaration of renunciation, would, if he had not so ceased, have at commencement become a British citizen by descent by virtue of paragraph (b); or, (g) he is a British citizen by virtue of registration under section 13 who, immediately before he ceased to be a British citizen as a result of a declaration of renunciation, was such a citizen by descent; or. (1) If any British citizen of full age and capacity makes in the prescribed manner a declaration of renunciation of British citizenship, then, subject to subsections (3) and (4), the Secretary of State shall cause the declaration to be registered. 10. 6. . 36. (3) A person born in a British overseas territory after commencement who is not a [British overseas territories citizen] [FN4] by virtue of subsection (1) or (2) shall be entitled to be registered as such a citizen if, while he is a minor--, (a) his father or mother becomes such a citizen or becomes settled in a British overseas territory; and. (ii) the number of days on which the parent in question was absent from the United Kingdom and the qualifying territories in that period does not exceed 270. Citizens of U.K. and Colonies who are to become British citizens at commencement. 3. In section 33 of the 1971 Act (interpretation)—. 31. The British Nationality Act 1981 (c.61) is an Act of the Parliament of the United Kingdom concerning British nationality since 1 January 1983. The Act has also conferred a right to registration as a British citizen on persons born between 8 February 1961 and 31 December 1982 who, but for the inability (at that time) of women to pass on their citizenship, would have acquired British citizenship automatically when the British Nationality Act 1981 came into force. Meaning of references to being in breach of immigration laws. (2) On the registration of a declaration made in pursuance of this section the person who made it shall cease to be a British citizen. . The Act today. Acquisition by registration: British overseas territories citizens etc. 5.Any application for a certificate of patriality under the Immigration... Appeals under Part II of Immigration Act 1971. The form of citizenship oath and pledge is as follows... 1.The form of citizenship oath and pledge is as follows... 2.The form of citizenship oath and pledge is as follows... 3.The form of citizenship oath is as follows for registration... 4.The form of citizenship oath is as follows for registration... Anguilla Bermuda British Antarctic Territory British Indian Ocean Territory Cayman... ACT OF SETTLEMENT (12 & 13 Will. 33. . In section 3(1)(a) (certain provisions not affected by fact that... For section 7(2) (interpretation of references to protectorates etc. (2) A new-born infant who, after commencement, is found abandoned in the United Kingdom, or on or after the appointed day is found abandoned in a qualifying territory, shall, unless the contrary is shown, be deemed for the purposes of subsection (1)--, (a) to have been born in the United Kingdom after commencement or in that territory on or after the appointed day; and. . Continuance as British subjects of certain former citizens of Eire. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. . You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run. (4) The third condition is 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 (c. 77) had he become a citizen of the United Kingdom and Colonies as described in subsection (3) above. . Skip to main content Skip to navigation Right to registration by virtue of father’s citizenship etc. Registration of certain alien women entitled to registration as British subjects immediately before commencement. Continuance as British subjects of certain former citizens of Eire. Most of the 1948 Act was replaced by the British Nationality Act 1981 with effect from 1 January 1983. (3) For the purposes of this section the Secretary of State may by order made by statutory instrument designate any description of service which he considers to be closely associated with the activities outside the United Kingdom[ and the qualifying territories] [FN1] of Her Majesty's government in the United Kingdom or in a qualifying territory. (1) A person born before commencement shall be entitled, on... Countries Whose Citizens are Commonwealth Citizens. Generally, British criminal law does not apply to things done overseas, but there are some exceptions … 12 c. 61, British Nationality Act 1981. List of mentions of the British Nationality Act 1981 in Parliament in the period 1803 to 2005. . 35. In section 41(2) (nationality enactments)— (a) in paragraph (a), for... NATIONAL HEALTH SERVICE (SCOTLAND) ACT 1978 (c. 29), In paragraph 3 of Schedule 10 (territorial extent)—. Registration and naturalisation: citizenship ceremony, oath and pledge, 42A. (a) that the parent in question was a [British overseas territories citizen] [FN3] by descent at the time of the birth; and, (i) was a [British overseas territories citizen] [FN4] otherwise than by descent at the time of the birth of the parent in question; or, (ii) became a [British overseas territories citizen] [FN5] otherwise than by descent at commencement, or would have become such a citizen otherwise than by descent at commencement but for his or her death; and, (i) the parent in question was in a British overseas territory at the beginning of that period; and. From 21 May 2002 people who were British overseas territories citizens (formerly known as British Dependent Territories citizens) became British (a) if his father or mother died, or their marriage was terminated, on or before the date of the application, or his father and mother were legally separated on that date, the references to his father and mother in paragraph (b) of that subsection shall be read either as references to his father or as references to his mother; (b) if his father or mother died on or before that date, the reference to his father and mother in paragraph (c) of that subsection shall be read as a reference to either of them; and. . More information is available about EU Legislation and UK Law. (h) he is a person born in a British overseas territory after commencement who is a British citizen by virtue of paragraph 2 of Schedule 2. . . Due to a high volume of changes being made to legislation for EU exit, we have not been able to research and record them all. (4) A person born in the United Kingdom after commencement who is not a British citizen by virtue of subsection (1) or (2) shall be entitled, on an application for his registration as a British citizen made at any time after he has attained the age of ten years, to be registered as such a citizen if, as regards each of the first ten years of that person's life, the number of days on which he was absent from the United Kingdom in that year does not exceed 90. (2) If, on an application for naturalisation as a British citizen made by a person of full age and capacity who on the date of the application is married to a British citizen, the Secretary of State is satisfied that the applicant fulfils the requirements of Schedule 1 for naturalisation as such a citizen under this subsection, he may, if he thinks fit, grant to him a certificate of naturalisation as such a citizen. Naturalisation as a British citizen under section 6(1). Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. . DEEP SEA MINING (TEMPORARY PROVISIONS) ACT 1981 (c. 53), 1.In section 1 (prohibition of unlicensed deep sea mining)—. 1986/948, art. . 1.In section 3(1)(a) (certain provisions not affected by fact that... 2.For section 7(2) (interpretation of references to protectorates etc. An Act to make fresh provision about citizenship and nationality, and to amend the Immigration Act 1971 as regards the right of abode in the United Kingdom. . PART I (1)(a) and (b) of that section (birth or naturalisation in. (2) A person born outside the British overseas territories shall be entitled, on an application for his registration as a [British overseas territories citizen] [FN2] made within the period of twelve months from the date of the birth, to be registered as such a citizen if the requirements specified in subsection (3) or, in the case of a person born stateless, the requirements specified in paragraphs (a) and (b) of that subsection, are fulfilled in the case of either that person's father or his mother ("the parent in question"). (1) For “certificate of patriality”, wherever (except in section 33(1))... 4.In section 3(7) of the 1971 Act (powers available where... 5.In section 8(5) of the 1971 Act, for the words... 6.In section 25(5) of the 1971 Act (extension of provisions... 7.In section 33 of the 1971 Act (interpretation)—. (1) If while a person is a minor an application is made for his registration as a British citizen, the Secretary of State may, if he thinks fit, cause him to be registered as such a citizen. 4A. . . These acts shaped an increasingly restrictive immigration policy into the UK for Hong Kong residents even before the Sino-British Joint Declaration of 1984. (2) Paragraph (b) of subsection (1) applies to--, (a) Crown service under the government of the United Kingdom or of a qualifying territory; and. Consequential amendments, transitional provisions, repeals and savings. . . Citizens of U.K. and Colonies who are to become British Overseas citizens at commencement. (b) was so registered on an application under the said subsection (6) based on the applicant's descent in the male line from a person ("the relevant person") possessing one of the qualifications specified in subsection (1)(a) and (b) of that section (birth or naturalisation in the United Kingdom and Colonies), shall at commencement become a British citizen if the relevant person was born or naturalised in the United Kingdom. (8) In this section and elsewhere in this Act "settled" has the meaning given by section 50[ and in this section "Convention adoption" has the same meaning as in the Adoption Act 1976 and the Adoption (Scotland) Act 1978] [FN1]. 2A. 1.In section 13(3) (power to make changes in nationality or... 2.In Schedule 3 (modifications of British Nationality Acts)—, MARINE BROADCASTING (OFFENCES) ACT 1967 (c. 41). . (1) Subject to subsection (3), a person shall be entitled, on an application for his registration as a British overseas territories citizen, to be registered as such a citizen if immediately before commencement he would (had he applied for it) have been entitled under section 1(1) of the British Nationality Act 1964 (resumption of citizenship) to be registered as a citizen of the United Kingdom and Colonies by virtue of having an appropriate qualifying connection with a British overseas territory or[...] [FN1] by virtue of having been married before commencement to a person who has, or would if living have, such a connection. [October 30, 1981] Notes: (2) Subsection (1) does not apply in the case of a British overseas territories citizen who--, (a) is such a citizen by virtue only of a connection with the Sovereign Base Areas of Akrotiri and Dhekelia; or. 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