(5) A person born outside the British overseas territories shall be entitled, and on application for his registration as a [British overseas territories citizen] [FN6] made while he is a minor, to be registered as such a citizen if the following requirements are satisfied, namely--, (a) that at the time of that person's birth his father or mother was a [British overseas territories citizen] [FN7] by descent; and, (b) subject to subsection (6), that that person and his father and mother were in one and the same British overseas territory (no matter which) at the beginning of the period of three years ending with the date of the application and that, in the case of each of them, the number of days on which the person in question was absent from the last-mentioned territory in that period does not exceed 270; and, (6) In the case of an application under subsection (5) for the registration of a person as a [British overseas territories citizen] [FN8]--. . (4) A person born in a British overseas territory after commencement who is not a [British overseas territories citizen] [FN5] by virtue of subsection (1) or (2) shall be entitled, on an application for his registration as a [British overseas territories citizen] [FN6] 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 that territory in that year does not exceed 90. To understand whether or not the text of this legislation is up to date, please check those references in the following pieces of legislation. The British Nationality Act 1981 received Royal Assent on 30 October 1981 and came into force on 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 British overseas territories of the government of any British overseas territory. Continuance as British subjects of existing British subjects of certain descriptions. 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. Of these, only British citizenship provides the right to live in the UK. The British Nationality Act 1981 received Royal Assenton 30 October 1981 and came into force on 1 January 1983. List of mentions of the British Nationality Act 1981 in Parliament in the period 1803 to 2005. • sections 1(1) and 1(2) of the British Nationality Act 1981 which explain which people born, or deemed to have been born, in the UK on or after 1 January 1983 or in the UK or a qualifying territory on or after 21 May 2002, acquired British citizenship • section 1(5) of the British Nationality Act 1981 … 10. . Part II British overseas territories citizenship. (1) Subject to subsection (2), a person who has ceased to be a British citizen as a result of a declaration of renunciation shall be entitled, on an application for his registration as a British citizen, to be registered as such a citizen if--. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. These acts shaped an increasingly restrictive immigration policy into the UK for Hong Kong residents even before the Sino-British Joint Declaration of 1984. Acquisition after commencement: special cases. (4) For the purposes of this section a person shall be taken to have an appropriate qualifying connection with the United Kingdom if he, his father or his father's father--, (b) is or was a person naturalised in the United Kingdom; or. 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. . 12 c. 61, British Nationality Act 1981. . (b) service of any description for the time being designated under subsection (3). Persons born stateless before commencement. Registration and naturalisation: timing. (2) A person shall not be entitled to registration under subsection (1) on more than one occasion. 2.). Citizens of U.K. and Colonies who are to become British Overseas citizens at commencement. (ii) the number of days on which the parent in question was absent from that territory in that period does not exceed 270. (a) any court in the United Kingdom makes an order authorising the adoption of a minor who is not a British citizen; or. . . The qualifying period for naturalisation as a British citizen under section 6. (5A) Those requirements are that on the date on which the order is made or the Convention adoption is effected (as the case may be)--, (a) the adopter or, in the case of a joint adoption, one of the adopters is a British citizen; and. Right to registration by virtue of residence in British overseas territory. 3. c. (2) If, on an application for naturalisation as a [British overseas territories citizen] [FN2] made by a person of full age and capacity who on the date of the application is married to such a 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. Registration following renunciation of citizenship of U.K. and Colonies. 16 April 2020. There are outstanding changes not yet made by the legislation.gov.uk editorial team to British Nationality Act 1981. (b) a minor who is not a British citizen is adopted under a Convention adoption, that minor shall, if the requirements of subsection (5A) are met, be a British citizen as from the date on which the order is made or the Convention adoption is effected, as the case may be. 36. The British Nationality Act 1981 (c.61) is an Act of the Parliament of the United Kingdom concerning British nationality since 1 January 1983. Both major parties were in agreement on the new law. (5) Where after commencement an order authorising the adoption of a minor who is not a [British overseas territories citizen] [FN7] is made by a court in any British overseas territory, he shall be a [British overseas territories citizen] [FN8] as from the date on which the order is made if the adopter or, in the case of a joint adoption, one of the adopters, is a [British overseas territories citizen] [FN9] on that date. (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. (b) service of any description at any time designated under section 2(3). The British Nationality Act 1981 received Royal Assent on 30 October 1981 and came into force on 1 January 1983. (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. . Provisions for reducing statelessness. Abstract. Dependent on the legislation item being viewed this may include: Click 'View More' or select 'More Resources' tab for additional information including: All content is available under the Open Government Licence v3.0 except where otherwise stated. For more information see the EUR-Lex public statement on re-use. 9. [FN1] words inserted by Adoption (Intercountry Aspects) Act (1999 c.18), s 7 (3), (1) A person born outside the United Kingdom and the qualifying territories after commencement shall be a British citizen if at the time of the birth his father or mother--, (a) is a British citizen otherwise than by descent; or, (b) is a British citizen and is serving outside the United Kingdom and the qualifying territories in service to which this paragraph applies, his or her recruitment for that service having taken place in the United Kingdom or a qualifying territory; or. (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. [FN1] repealed by Nationality, Immigration and Asylum Act (2002 c.41), Sch 2 Para 1 (d), [FN1] repealed by Nationality, Immigration and Asylum Act (2002 c.41), Sch 2 Para 1 (e), [FN1] repealed by Nationality, Immigration and Asylum Act (2002 c.41), Sch 2 Para 1 (f). . 44A.Waiver of requirement for full capacity. 6. British Nationality Act 1981 and British Dependent Territories Citizenship Subsequently… Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below. . Decisions involving exercise of discretion. 3. Acquisition by registration: certain persons born between 1961 and 1983, 4D.Acquisition by registration: children of members of the armed forces, 4F.Person unable to be registered under other provisions of this Act, 4G.Person unable to become citizen automatically after commencement, 4H.Citizen of UK and colonies unable to become citizen at commencement, 4I.Other person unable to become citizen at commencement, 4J.Sections 4E to 4I: supplementary provision. . 23. by... DEFAMATION ACT (NORTHERN IRELAND) 1955 (c. 11) (N.I. (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. No changes have been applied to the text. 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. . Registrations of British nationality, 1949-1981. In the mid-1970s the British Government decided to update the nationality code, which had been significantly amended since the British Nationality Act … ), EMERGENCY LAWS (RE-ENACTMENTS AND REPEALS) ACT 1964 (c. 60). Acquisition by registration: British overseas territories citizens etc. 5. . 41A.Registration: requirement to be of good character, 42. Changes that have been made appear in the content and are referenced with annotations. Generally, British criminal law does not apply to things done overseas, but there are some exceptions … (1) If, on an application for naturalisation as a British citizen made by a person of full age and capacity, 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. Acquisition by registration: British overseas territories citizens, Acquisition by registration: further provision for British overseas territories citizens, Acquisition by registration: certain persons without other citizenship, Acquisition by registration: certain persons born between 1961 and 1983, Acquisition by registration: children of members of the armed forces, Person unable to be registered under other provisions of this Act, Person unable to become citizen automatically after commencement, Citizen of UK and colonies unable to become citizen at commencement, Other person unable to become citizen at commencement, Sections 4E to 4I: supplementary provision. (b) has ceased to be a British citizen as a result of a declaration of renunciation. Continuance as British subjects of existing British subjects of certain descriptions. In section 14(3) (persons who may be guilty of offences... (1) This paragraph applies to any application—. . (c) the Secretary of State is satisfied that the person has not after 4th July 2002 renounced, voluntarily relinquished or lost through action or inaction any citizenship or nationality. (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. references to the British Nationality Act 1981 modified to include the Hong Kong (British Nationality) Order 1986, by the Hong Kong (British Nationality) Order 1986, SI 1986/948, art 7(4). Continuance as British subjects of certain former citizens of Eire. Citizens of U.K. and Colonies who are to become British citizens at commencement. Registration of certain alien women entitled to registration as British subjects immediately before commencement. (b) an application is made for his registration as a British citizen. There are changes that may be brought into force at a future date. 3. Applications for naturalisation or registration pending at commencement, 1. (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. [FN1] words repealed by Nationality, Immigration and Asylum Act (2002 c.41), Sch 9 Para 1, [FN2] words repealed by Nationality, Immigration and Asylum Act (2002 c.41), Sch 9 Para 1, (1) Subject to subsection (2), a person who immediately before commencement--, (a) was a citizen of the United Kingdom and Colonies; and. . 1983/1699, art. . Act amended by British Nationality (Hong Kong) Act 1990 (c.34), s. 2(1), British Nationality (Hong Kong) Act 1990 (c.34), s. 2(1); extended by British Nationality (Falkland Islands) Act 1983 (c.6), s. 3(1); restricted by British Nationality (Falkland Islands) Act 1983 (c.6), s. 3(2) and amended by S.I. (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. [FN1] words inserted by British Overseas Territories Act (2002 c.8), Sch 1 Para 2 (4) (a). In section 6 (construction of nationality provisions)—. For further information see the Editorial Practice Guide and Glossary under Help. (c) subject to subsection (6), that the consent of his father and mother to the registration has been signified in the prescribed manner. 4. . . Applications for certificates of patriality pending at commencement. (5) For the purposes of this section any person who has been married shall be deemed to be of full age. (3) The requirements referred to in subsection (2) are--, (a) that the parent in question was a British citizen by descent at the time of the birth; and, (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 would have become such a citizen otherwise than by descent at commencement but for his or her death; and, (c) that, as regards some period of three years ending with a date not later than the date of the birth--, (i) the parent in question was in the United Kingdom or a qualifying territory at the beginning of that period; and. 4A. 35. Registration of certain alien women entitled to registration as British subjects immediately before commencement. (b) an application is made for his registration as such a citizen. (2) The first condition is that the applicant was born after 7th February 1961 and before 1st January 1983. . (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)—. Consequential amendments, transitional provisions, repeals and savings. (2) A person born outside the United Kingdom before commencement is not a British citizen "by descent" by virtue of subsection (1)(b) or (e) if his father was at the time of his birth serving outside the United Kingdom--, (a) in service of a description mentioned in subsection (3), his recruitment for the service in question having taken place in the United Kingdom; or. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to British Nationality Act 1981. (1) A person has a qualifying immigration status for the... Naturalisation as a British citizen under section 6(2). . 2. Registration: requirement to be of good character, Registration and naturalisation: citizenship ceremony, oath and pledge. 26. [FN1] words inserted by British Overseas Territories Act (2002 c.8), Sch 1 Para 3 (4) (b), [FN2] words inserted by British Overseas Territories Act (2002 c.8), Sch 1 Para 3 (4) (b). In section 33 of the 1971 Act (interpretation)—. Added information about the fee waiver for a child born on or after July 2006 where the mother was married to someone other than the natural father. (b) settled in the United Kingdom or that territory. (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--. DEEP SEA MINING (TEMPORARY PROVISIONS) ACT 1981 (c. 53), 1.In section 1 (prohibition of unlicensed deep sea mining)—. 4. Meaning of British overseas territories citizen“by descent”. . Consequential amendments, transitional provisions, repeals and savings. Subsequently, the British Nationality Act has been significantly amended, including: British Nationality (Falkland Islands) Act 1983 [FN1] added by British Overseas Territories Act (2002 c.8), s 4, (1) This section applies to a person who has the status of--, (2) A person to whom this section applies shall be entitled to be registered as a British citizen if--. BRITISH NATIONALITY ACT 1981 CHAPTER 61 . 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. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run. The British Nationality Act 1981 is an important act of the Thatcher government, intended to reform nationality rules. 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