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british nationality act 1981

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Right to registration by virtue of residence in British overseas territory. 5.Any application for a certificate of patriality under the Immigration... Appeals under Part II of Immigration Act 1971. This date is our basedate. [October 30, 1981] Notes: (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. 2. 3. DEEP SEA MINING (TEMPORARY PROVISIONS) ACT 1981 (c. 53), 1.In section 1 (prohibition of unlicensed deep sea mining)—. . Continuance as British subjects of existing British subjects of certain descriptions. Under this act, people from former colonies and British Commonwealth countries could register as British citizens. No changes have been applied to the text. 1983/1699, art. . Continuance as British subjects of existing British subjects of certain descriptions. . section 4F of the British Nationality Act 1981 on the basis the person would be entitled to register under paragraph 4 or 5 of Schedule 2 sections 4C, 4G, 4H and 4I of the British Nationality Act 1981 (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)—. Registration: requirement to be of good character, Registration and naturalisation: citizenship ceremony, oath and pledge. 7. Acquisition by registration: nationals for purposes of the EU Treaties. 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. 31. (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. Both major parties were in agreement on the new law. • 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 … . This was followed in 1980 by a White Paper containing the government's specific plans for change. (c) is a British citizen and is serving outside the United Kingdom and the qualifying territories in service under a Community institution, his or her recruitment for that service having taken place in a country which at the time of the recruitment was a member of the Communities. . Changes that have been made appear in the content and are referenced with annotations. 25. . . . Generally, British criminal law does not apply to things done overseas, but there are some exceptions … (3) The descriptions of service referred to in subsection (2) are--, (a) Crown service under the government of the United Kingdom; and. Periods to be treated as periods of absence from U.K. or a British overseas territory. (7) If in the special circumstances of any particular case the Secretary of State thinks fit, he may for the purposes of subsection (4) treat the person to whom the application relates as fulfilling the requirements specified in that subsection although, as regards any one or more of the first ten years of that person's life, the number of days on which he was absent from the British overseas territory there mentioned in that year or each of the years in question exceeds 90. (1) This paragraph applies to any application—. Provisions for reducing statelessness. (b) an application is made for his registration as a British citizen. Acquisition by registration: nationals for purposes of the EU Treaties. Citizens of U.K. and Colonies who are to become British overseas territories citizens at commencement. The British Nationality Act 1981 received Royal Assent on 30 October 1981 and came into force on 1 January 1983. Acquisition after commencement: special cases. . (a) he applies for registration under this section, (b) the Secretary of State is satisfied that the person does not have, apart from the status mentioned in subsection (1), any citizenship or nationality, and. BRITISH NATIONALITY ACT 1981 CHAPTER 61 . There are changes that may be brought into force at a future date. Any changes that have already been made by the team appear in the content and are referenced with annotations. Citizens of U.K. and Colonies who are to become British citizens at commencement. (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. Circumstances in which British subjects are to lose that status. 2.). (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--. Subsequently… Part II British overseas territories citizenship. (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. Persons born outside the United Kingdom and the British overseas territories after commencement. 2. (b) settled in a British overseas territory. Abstract. (b) immediately before commencement he had the right of abode in the United Kingdom by virtue of section 2(1)(c) of the Immigration Act 1971 as then in force (settlement in United Kingdom, combined with five or more years' ordinary residence there as a citizen of the United Kingdom and Colonies). Access essential accompanying documents and information for this legislation item from this tab. Persons born stateless before commencement. 3. The British Nationality Act 1981 received Royal Assent on 30 October 1981 and came into force on 1 January 1983. No versions before this date are available. Published 5 March 2013 Last updated 13 … 35. 11. Different options to open legislation in order to view more content on screen at once. (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]. . . British Nationality Act 1981 and British Dependent Territories Citizenship 36. (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. 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. Right to registration by virtue of father’s citizenship etc. 4. 22. (5) For the purposes of this section any person who has been married shall be deemed to be of full age. The only significant provision of the Act to survive today is section 3, which concerns the extra-territorial jurisdiction of the criminal courts over crimes committed by British subjects overseas. Section 4B British Nationality Act 1981 British Nationals (Overseas) can be registered under section 4B of the British Nationality Act 1981. [FN1] repealed by Nationality, Immigration and Asylum Act (2002 c.41), Sch 2 Para 1 (a), [FN1] repealed by Nationality, Immigration and Asylum Act (2002 c.41), Sch 2 Para 1 (b, [FN1] repealed by Nationality, Immigration and Asylum Act (2002 c.41), Sch 2 Para 1 (c). . (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. Applications for certificates of patriality pending at commencement. Exercise of functions of Secretary of State by Governors and others. The first date in the timeline will usually be the earliest date when the provision came into force. (2) A person shall not be entitled to registration under subsection (1) on more than one occasion. . . (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. Meaning of certain expressions relating to nationality in other Acts and instruments. Search Help. 51. . (ii) the number of days on which the parent in question was absent from that territory in that period does not exceed 270. by... DEFAMATION ACT (NORTHERN IRELAND) 1955 (c. 11) (N.I. The Home Secretary has delegated his powers to grant BOTC to the Governors of the Overseas Territories. (2) A person who was registered as a citizen of the United Kingdom and Colonies under section 1 of the British Nationality (No. Citizens of U.K. and Colonies who are to become British Overseas citizens at commencement. [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. . Registration and naturalisation: fee, 42B. 5. 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). The British Nationality Act 1981 received Royal Assent on 30 October 1981 and came into force on 1 January 1983. The Act today. 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. (a) any court in the United Kingdom makes an order authorising the adoption of a minor who is not a British citizen; or. 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. (1) If while a person is a minor an application is made for his registration as a [British overseas territories citizen] [FN1] the Secretary of State may, if the thinks fit, cause him to be registered as such a citizen. (b) in service under a Community institution, his recruitment for that service having taken place in a country which at the time of the recruitment was a member of the Communities. . (4) If in the special circumstances of any particular case the Secretary of State thinks fit, he may treat subsection (2) as if the reference to twelve months were a reference to six years. (2) On an application for his registration as a British citizen made by a person of full capacity who had before commencement ceased to be a citizen of the United Kingdom and Colonies as a result of a declaration of renunciation, the Secretary of State may, if he thinks fit, cause that person to be registered as a British citizen if that person--, (a) has an appropriate qualifying connection with the United Kingdom; or. ), EMERGENCY LAWS (RE-ENACTMENTS AND REPEALS) ACT 1964 (c. 60). For further information see the Editorial Practice Guide and Glossary under Help. (b) to have been born to a parent who at the time of the birth was a British citizen or settled in the United Kingdom or that territory. Dependent on the legislation item being viewed this may include: This timeline shows the different points in time where a change occurred. (4) Any order made under subsection (3) shall be subject to annulment in pursuance of a resolution of either House of Parliament. (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. 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. 1. [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. 14. (3) So much of subsection (2)(a) as requires the person in question to have been in the United Kingdom at the beginning of the period there mentioned shall not apply in relation to a person who was settled in the United Kingdom immediately before commencement. Meaning of British overseas territories citizen“by descent”. . Registration and naturalisation: citizenship ceremony, oath and pledge, 42A. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to British Nationality Act 1981. These acts shaped an increasingly restrictive immigration policy into the UK for Hong Kong residents even before the Sino-British Joint Declaration of 1984. 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). 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 … . . . (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. In the mid-1970s the British Government decided to update the nationality code, which had been significantly amended since the British Nationality Act 1948 came into force on 1 January 1949. In relation to appeals against any decision taken or other... the original print PDF of the as enacted version that was used for the print copy, lists of changes made by and/or affecting this legislation item, confers power and blanket amendment details, links to related legislation and further information resources. The following results are legislation items with 'EU Exit' in their title that directly reference and therefore may change this item of legislation. . 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)—. (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. . . 49.. . (c) subject to subsection (6), that the consent of his father and mother to the registration has been signified in the prescribed manner. 44A.Waiver of requirement for full capacity. 2(1), (1) A person born in the United Kingdom after commencement, or in a qualifying territory on or after the appointed day, shall be a British citizen if at the time of the birth his father or mother is--. Registration following renunciation of citizenship of U.K. and Colonies. (1) The qualifying period for the purposes of paragraph 1... Naturalisation as a British overseas territories citizen under section 18(1). (2) The first condition is that the applicant was born after 7th February 1961 and before 1st January 1983. In 1977, a Green Paper was produced outlining options for reform of the nationality code. . . (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. Registration of certain alien women entitled to registration as British subjects immediately before commencement. 26. S. 12 extended by S.I. Applications for naturalisation or registration pending at commencement, 1. 4. . . (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. Use this menu to access essential accompanying documents and information for this legislation item. 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