48 modified (19.3.1997) by 1997 c. 20, s. 2(3), F168S. Any regulations or Order in Council made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament. Commonwealth citizens applying for citizenship under the British Nationality Act, 1948 ; to make correspond- ing provisions in respect of British protected persons and citizens of the Republic of Ireland; and for purposes connected with the matters aforesaid. 2009/2858, art. 39(4) extended (Isle of Man) (13.3.2008 for specified purposes and otherwise 1.5.2008) by The Immigration (Isle of Man) Order 2008 (S.I. (6)Where the Secretary of State thinks it appropriate because of the special circumstances of a case he may—, (a)disapply any of subsections (1) to (5), or. Sch. “ Crown service ” means the service of the Crown, whether within Her Majesty’s dominions or elsewhere; “ Crown service under the government of the United Kingdom ” means Crown service under Her Majesty’s government in the United Kingdom or under Her Majesty’s government in Northern Ireland [F173 or under the Scottish Administration ] [F174 or under the Welsh Assembly Government ] ; [F175 “ designated territory ” means a qualifying territory, or the Sovereign Base Areas of Akrotiri and Dhekelia, which is designated by Her Majesty by Order in Council under subsection (14) ]. 3, 4), F148Words in s. 41(4)(a) substituted (1.4.2014) by The Legislative Reform (Overseas Registration of Births and Deaths) Order 2014 (S.I. 2004/1707, art. . 2003/1339, art. Farage: Use 144-Year-Old Law Act to Strip Jihadists of British Citizenship 269. 5 it is provided that on and after 1st July 1997 the British Nationality Act 1981 shall have effect as if in Sch. (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 [F31or a qualifying territory] at the beginning of that period; and. 2) Act 1964 (stateless persons); and, (b)he was so registered otherwise than in a [F103British overseas territory] ; and, (c)his father or mother (in the case of a person registered under the said section 7) or his mother (in the case of a person registered under the said section 1)—, (i)was a citizen of the United Kingdom and Colonies at the time of the registration or would have been such a citizen at that time but for his or her death; and. C91Sch. 2, F24Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. . (Series HO 334 includes records that date to 1949, but later records are restricted because of privacy requirements.) In section 14(3), the words “except sections 9(5) and this section”. (9C) The expressions “ parent ”, “ child ” and “ descended ” shall be construed in accordance with subsections (9) and (9A). (b)where the requirement for an oath and pledge is disapplied, immediately on the grant of the certificate. . 6. F20Words in s. 2(1) inserted (21.5.2002) by British Overseas Territories Act 2002 (c. 8), Sch. 1(2), 5, 8(2)(c)(iii). (a)immediately before commencement was a citizen of the United Kingdom and Colonies by virtue of having been registered under subsection (6) of section 12 of the 1948 Act (British subjects before commencement of 1948 Act becoming citizens of United Kingdom and Colonies) otherwise than in a [F103British overseas territory] ; and. References in this paragraph to the 1948 Act are references to that Act as in force at the time of the birth in question. 1(3), 162 (with s. 159); S.I. In the case of South Africa, the Union Nationality and Flags Act of 1927, which came into operation on 3 rd May 1928, not only made provision for a distinctive national flag, but also for Union citizenship. 2(a) (with arts. (b)a British subject by virtue of section 1 of the M8British Nationality Act 1965 (registration of alien women who have been married to British subjects of certain descriptions). . (1)Every document purporting to be a notice, certificate, order or declaration, or an entry in a register, or a subscription of an oath of allegiance, given, granted or made under this Act or any of the former nationality Acts shall be received in evidence and shall, unless the contrary is proved, be deemed to have been given, granted or made by or on behalf of the person by whom or on whose behalf it purports to have been given, granted or made. Where a certificate of naturalization is revoked the former" holder thereof shall be regarded as an alien and as a subject of the state to which he belonged at the time the certificate was granted. F111S. . . 2005/2213, art. In relation to Commonwealth citizens who have the right of abode in the United Kingdom by virtue of subsection (1)(b) above, this Act, except this section and sections 3(9) and (9A), 5(2) and 13(3), shall apply as if they were British citizens; and in this Act, (except as aforesaid) “British citizen” shall be construed accordingly. From 1970 they tend only to include the full name of the applicant, their date and place of birth. . Any subsequent change to the immigration status of P does not affect the status of C as a British citizen. The new regime in force from 1 January 1983: new categories, automatic reclassification, the revision of patriality and retention of the royal prerogative 12. 41, 42, 44-48 extended by British Nationality (Falkland Islands) Act 1983 (c. 6, SIF 87), s.4(2)(a)-(f), C71Ss. 14, 15, 17, Sch. . 2002/1252, art. ], [F142(1A)Regulations under subsection (1)(ba) or (bb) may, in particular—. . 2; S.I. (3)Any Order in Council made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament. ” means Great Britain, Northern Ireland and the Islands, taken together; ” means the office of a consular officer of Her Majesty’s government in the United Kingdom where a register of births is kept or, where there is no such office, such office as may be prescribed. I will observe its laws faithfully and fulfil my duties and obligations as a British overseas territories citizen.”, The form of citizenship oath is as follows for registration of a British Overseas citizen—, , swear by Almighty God that, on becoming a British Overseas citizen, I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law.”, The form of citizenship oath is as follows for registration of a British subject—. Where an alien is a subject of a state at war with His Majesty, it shall be lawful for his wife, if she was at birth a British subject, to make a declaration that she desires to resume British nationality, and thereupon the Secretary of State, if he is satisfied that it is desirable that she be permitted to do so, may grant her a certificate of naturalization. . . 2008/680), arts. 2 para. With in-depth features, Expatica brings the international community closer together. Words in s. 2(1)(b) inserted (21.5.2002) by, Words in s. 2(1)(c) inserted (21.5.2002) by, Words in s. 2(2)(a) inserted (21.5.2002) by. 3(1)(3)(b); S.I. British Nationality and Status of Aliens Act 1943 enthielt vor allem Änderung der Registrierungsbedingungen bei Auslandsgeburten. C32Pt. . (b)an application for the registration of that person under section 1 of the M31British Nationality (No. ], F151S. Naturalisation is the legal process by which a person changes their nationality. . The 1870 Nationality Act superseded the 1844 Nationality Act which governed naturalisations up to 1869. . Where the Secretary of State thinks it appropriate because of the special circumstances of a case he may—, disapply any of subsections (1) to (5), or. Registration following renunciation of citizenship of U.K. and Colonies. . Use this menu to access essential accompanying documents and information for this legislation item. F114Words substituted by British Nationality (Falkland Islands) Act 1983 (c. 6, SIF 87), s. 4(3), F115Words in s. 37(1)(a) inserted (21.5.2002) by British Overseas Territories Act 2002 (c. 8), s. 5, Sch. 3, 162, Sch. (3)The grant of a certificate of naturalization to any such alien shall be in the absolute discretion of the Secretary of State, and he may, with or without assigning any reason, give or withhold the certificate as he thinks most conducive to the public good, and no appeal shall lie from his decision. 2(b), 3, F39Word in s. 3(6)(b) ceased to have effect (1.7.2006 with effect as mentioned in s. 162(5) of the amending Act) and repealed (prosp.) the punishing persons guilty of contempt; Where a person to whom a certificate of naturalization has been granted in some other part of His Majesty's dominions is resident in the United Kingdom, the certificate may be revoked in accordance with this section by the Secretary of State, with the concurrence of the Government of that part of His Majesty's dominions in which the certificate was granted. 40–42, 44–48, 50 extended by British Nationality (Hong Kong) Act 1990 (c. 34, SIF 87), s. 2(3), C61S. 8.1 Naturalisation certificates 1870-1916 Search by name in record series HO 334 on Ancestry.co.uk and download (£) naturalisation certificates and declarations of British nationality for these years. 7 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(b). Federation of Malaya Independence Act 1957. 58, 62; S.I. . (c) any reference to a person who is a British subject (or a British subject without citizenship) by virtue of section 2, 13, or 16 of the 1948 Act or by virtue of, or of section 1 of, the British Nationality Act 1965 shall, in relation to any time after commencement, be construed as a reference to a person who under this Act is a British subject. 4(1) (subject to art. . . 1 para. . 1(1), 162(1) (with s. 159); S.I. subject to paragraph (a), is to be regarded as born outside that territory, whoever was the owner of the ship or aircraft at the time, and irrespective of whether or where it was then registered. (The Naturalization Act 1870.) §§ 1â16, 19â26, 27(2) aufgehoben durch das Gesetz 1948. 50(14) inserted (30.12.2005) by Adoption and Children Act 2002 (c. 38), ss. The documents are subject to 100 year closure (although access can be requested using our Freedom of Information form) and only about 40% of applications in this series have survived. . the most recent subsequent three year period. . If the birth of a person to whom this paragraph applies is registered at a United Kingdom consulate within one year of its occurrence, he shall be deemed for the purposes of this Act to have been, immediately before commencement, a citizen of the United Kingdom and Colonies by virtue of section 5 of the 1948 Act (citizenship by descent). In section 9 (territorial extent of Part I), in subsection (2)—, (a)in the definition of “British protected person”, for “section 1(3) of the British Nationality Acts 1948 to 1964” substitute “ the British Nationality Act 1981 ” ; and. Some people, usually resident in the UK, want to prove that a person never naturalised. 2005/3175, art. . . Words in s. 37(1)(a) inserted (21.5.2002) by, Words in s. 37(1) substituted (26.2.2002) by, Her Majesty may by Order in Council made in relation to any territory which was at any time before commencement—, a protectorate or protected state for the purposes of the 1948 Act; or. This Act shall commence on a day to be fixed by proclamation. . F63Words in s. 10(1)(2) repealed (1.4.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. . (ii)became a British subject by reason of the annexation of any territory included in a [F103British overseas territory] . 9 (with s. 159); S.I. 2006/2838, art. The length of the period is determined in accordance with the following provisions of this paragraph. 42-42B substituted (1.1.2004) for s. 42 by, A person who is registered under this Act as a citizen of any description or as a British subject shall be treated as having become a citizen or subject—, immediately on making the required citizenship oath and pledge in accordance with section 42, or. . (3)An application for registration of an adult or young person as a British Overseas citizen under section 27(1) must not be granted unless the Secretary of State is satisfied that the adult or young person is of good character. F212Words in Sch. . 50A(4)(d)(e) omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 1 (with s. 159); S.I. 3(6)(c) ceased to have effect (1.7.2006 with effect as mentioned in s. 162(5) of the amending Act) and repealed (prosp.) 1 para. . . 2 repealed (1.4.2003) by, For “certificate of patriality”, wherever (except in section 33(1)) it occurs in the 1971 Act (that is, in sections 13(2), 22(4)(a) and (5)(a), 26(1)(d) (twice) and paragraph 19(2) of Schedule 2 (twice)) substitute, In the entry in section 33(1) which defines “certificate of patriality”, for “patriality” substitute, In section 3(7) of the 1971 Act (powers available where restrictions or conditions are imposed on citizens of the United Kingdom and Colonies when leaving or seeking to leave other countries), for “citizens of the United Kingdom and Colonies” substitute, In section 8(5) of the 1971 Act, for the words from “settled” onwards (by virtue of which persons are not to be regarded for the purposes of the 1971 Act as having been settled in the United Kingdom while entitled to certain exemptions) substitiute, “ settled in the United Kingdom at any time when he was entitled under the former immigration laws to any exemption corresponding to any of those afforded by subsection (3) or (4)(b) or (c) above or by any order under subsection (2) above. 2002/1252, art. . . . 50(8) applied (25.10.2006) by The Immigration, Asylum and Nationality Act 2006 (Commencement No. (2)A certificate of naturalisation as a British citizen shall not be granted under this Act to a person of full age unless he has made the relevant citizenship oath and pledge specified in Schedule 5 at a citizenship ceremony. 2002/1252, art. (b)the leave is granted for a purpose by reference to which a grant of probationary citizenship leave may be made. 48(4), 58; S.I. No. 6), (1)A person who is registered under this Act as a citizen of any description or as a British subject shall be treated as having become a citizen or subject—, (a)immediately on making the required citizenship oath and pledge in accordance with section 42, or. (ii)was married to a person other than P's natural father; (c)no person is treated as the father of P under section 28 of the Human Fertilisation and Embryology Act 1990; and, F57Ss. Statutes at Large.Boston: Little Brown, 1870. . (c)being a woman, she was immediately before commencement a citizen of the United Kingdom and Colonies and either was then, or had at any time been, the wife of a man who under paragraph (a) or (b) becomes a [F102British overseas territories citizen] at commencement or would have done so but for his death. . . 3; S.I. 4(c)(i)(j), F48S. 4 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. where it occurs in the provisions of the 1971 Act listed in the first column of the following table, and where it first occurs in section 6(2) of that Act, substitute, where it occurs in the provisions listed in that Act in the second column of that table, and where it last occurs in section 6(2) of that Act, substitute, Words in table in Sch. 1 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(b), F225Words in Sch. Found inside â Page 553... born in France- Guardian - Naturalisation Act 1870 ( 33 Vict . c . ... in 1871 obtained from the British Home Office a . certificate of naturalisation ... (a)in subsection (1), for “section 1(3) of the 1948 Act” substitute “ Schedule 3 to the British Nationality Act 1981 ” ; “(2)The following provisions of the British Nationality Act 1981, namely sections 45 (evidence), 46 (offences and proceedings), 48 (posthumous children) and 50 (interpretation) shall have effect for the purposes of sections 2 to 6 of this Act as if those sections of this Act were included in that Act.” ; and. 3(i), it is provided that in s. 41(8)(b) the words "(1)(bza), (bc)" be substituted for "(1)(bc)" (28.7.2014) despite s. 41(8) not being inserted until 27.10.2014 and the words "(bc), (bd) or (be)" in s. 41(8)(b) being excluded from the commencement of that insertion, C45Ss. . (7)For the purposes of this Act a person born outside the United Kingdom aboard a ship or aircraft—, (a)shall be deemed to have been born in the United Kingdom if—, (i)at the time of the birth his father or mother was a British citizen; or. . 4). C22S. 2(A) inserted (prosp.) Some of these indexes are available online on the Internet Archive: Some of the indexes are also available in our library: Versions of these indexes are held with the printed version of our catalogue at our building in Kew. F226Words in Sch. Naturalisation under the Act of 1870 will do so if they reside thereafter with him in U.K. during minority. . 2011/1043), Nationality, Immigration and Asylum Act 2002 (c. 41), The Immigration, Nationality and Asylum (EU Exit) Regulations 2019 (S.I. . 2, F22Words in s. 2(1)(b) inserted (21.5.2002) by British Overseas Territories Act 2002 (c. 8), Sch. F276Sch. (2)If the birth of a person to whom this paragraph applies is registered at a United Kingdom consulate within one year of its occurrence, he shall be deemed for the purposes of this Act to have been, immediately before commencement, a citizen of the United Kingdom and Colonies by virtue of section 5 of the 1948 Act (citizenship by descent). . 4 Simla, the 10th August 1870. . In section 2(1)(d), the reference to paragraph (c). ... Naturalization in India is regulated by the British Indian Naturalization Act, No. (c)on that arrival, was a citizen of the Republic of Ireland and was entitled to enter without leave by virtue of section 1(3) of the Immigration Act 1971 (entry from the common travel area). The Canadian citizenship Act took place in 1985 ) does not affect the status of a of... Relevant to the end of the British Nationality Act 2006 ( c. 41 ), British. Served the Crown or to any country mentioned in Schedule 3 include references to the of. 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