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The Identity Cards Act 2006 (Application and Issue of ID Card and Notification of Changes) Regulations 2009

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Identity Cards Act 2006 (Application and Issue of ID Card and Notification of Changes) Regulations 2009 No. 2795

PART 2Documents to accompany application for entry in the Register and accompanying application for issue of an ID card

Documents required from applicants who are relevant airside workers

10.  In the case of an applicant who is a relevant airside worker, in addition to the documents listed in paragraphs 11 to 26, written confirmation from the applicant’s employer that the applicant holds a valid airside pass or is required to apply for an airside pass due to the applicant’s employment or proposed employment.

Documents required from British citizens and British subjects who currently hold a valid United Kingdom passport

11.  In the case of an applicant who is a British citizen and who holds a valid United Kingdom passport describing the applicant as a British citizen, that passport.

12.  In the case of an applicant who is a British subject with right of abode in the United Kingdom under section 31 of the British Nationality Act 1981(1) and who holds a valid United Kingdom passport describing the applicant as a British subject with right of abode, that passport together with any notice in writing given to the Secretary of State under section 31(3) of the British Nationality Act 1981 (continuance as British subjects of certain former citizens of Eire).

13.  In the case of an applicant who is a British subject with the right of abode in the United Kingdom under an enactment other than section 31 of the British Nationality Act 1981and who holds a valid United Kingdom passport describing the applicant as a British subject with the right of abode in the United Kingdom, that passport, together with a declaration that the applicant has not taken up alternative citizenship or nationality.

Documents required from British citizens or British subjects who do not currently hold a valid United Kingdom passport who were born or adopted in the United Kingdom

14.  In the case of an applicant who claims to be a British citizen, who does not hold a valid United Kingdom passport describing the applicant as a British citizen and who was born or adopted in the United Kingdom before 1st January 1983, the applicant’s birth certificate or adoption certificate in a form which contains details of the parents, or, as the case may be, adoptive parents of the applicant, in so far as they are included on the relevant register.

15.—(1) In the case of an applicant who claims to be a British citizen, who does not currently hold a valid United Kingdom passport describing the applicant as a British citizen and who was born or adopted in the United Kingdom on or after 1st January 1983 –

(a)the document specified in sub-paragraph (2), and

(b)either –

(i)one of the documents specified in sub-paragraph (3), or

(ii)one of the documents specified in sub-paragraph (4), and where the document provided under paragraph (a) is a birth certificate, the applicant’s parents’ marriage certificate.

(2) The document specified for the purposes of sub-paragraph (1)(a) is the applicant’s birth certificate or adoption certificate in a form which contains details of the parents, or, as the case may be, adoptive parents of the applicant, in so far as they are included on the relevant register.

(3) The documents specified for the purposes of sub-paragraph (1)(b)(i) are -

(a)the applicant’s mother’s United Kingdom birth certificate;

(b)the applicant’s mother’s certificate of registration or naturalisation;

(c)the applicant’s mother’s passport valid at the time of the applicant’s birth.

(4) The documents specified for the purposes of sub-paragraph (1)(b)(ii) are –

(a)the applicant’s father’s United Kingdom birth certificate;

(b)the applicant’s father’s certificate of registration or naturalisation;

(c)the applicant’s father’s passport valid at the time of the applicant’s birth.

Documents required from British citizens or British subjects who do not currently hold a valid United Kingdom passport who were not born or adopted in the United Kingdom

16.  In the case of an applicant who claims to be a British citizen, who does not currently hold a valid United Kingdom passport describing the applicant as a British citizen, who was not born or adopted in the United Kingdom, but who has been issued with a certificate of registration or naturalisation –

(a)the applicant’s passport on which the applicant first entered the United Kingdom; and

(b)the applicant’s valid certificate of registration or naturalisation.

17.  In the case of an applicant who claims to be a British citizen, who does not currently hold a valid United Kingdom passport describing the applicant as a British citizen, who was not born or adopted in the United Kingdom, who has not been issued with a certificate of registration or naturalisation and who is a citizen of a British Overseas Territory -

(a)the applicant’s birth or adoption certificate in a form which contains details of the parents, or, as the case may be, adoptive parents of the applicant, in so far as they are included on the relevant register; and

(b)the applicant’s valid passport describing the applicant as a citizen of a British Overseas Territory.

18.—(1) In the case of an applicant—

(a)who claims to be a British citizen, but not a citizen of a British Overseas Territory;

(b)who does not currently hold a valid United Kingdom passport describing the applicant as a British citizen;

(c)who was not born or adopted in the United Kingdom;

(d)who was born before 1st January 1983; and

(e)whose father was a British citizen at the time of the applicant’s birth,

the applicant’s passport on which the applicant first entered the United Kingdom and either:

(i)the applicant’s birth certificate in a form which contains details of the parents, if issued by a British consulate or High Commission, or

(ii)the other documents specified in sub-paragraph (2).

(2) The other documents specified for the purposes of sub-paragraph (1) are –

(a)the applicant’s birth certificate not being a certificate issued by a British consulate or High Commission, in a form which contains details of the parents of the applicant, in so far as they are included on the relevant register;

(b)the applicant’s father’s birth certificate or their certificate of registration or naturalisation; and

(c)the applicant’s parents’ marriage certificate .

19.—(1) Subject to sub-paragraph (5), in the case of an applicant—

(a)who claims to be a British citizen;

(b)who does not currently hold a valid United Kingdom passport describing the applicant as a British citizen;

(c)who was not born or adopted in the United Kingdom;

(d)who was born on or after 1st January 1983;

(e)who has not been issued with a certificate of registration or naturalisation; and

(f)who is not a citizen of a British Overseas Territory;

the documents specified in paragraph (2), and either one of the documents specified in paragraph (3), or one of the documents specified in paragraph (4), together with the applicant’s parents’ marriage certificate.

(2) The documents specified are –

(a)the applicant’s birth certificate in a form which contains details of the parents of the applicant, in so far as they are included on the relevant register; and

(b)the passport on which the applicant first entered the United Kingdom.

(3) The documents specified are –

(a)the applicant’s mother’s United Kingdom birth certificate;

(b)the applicant’s mother’s certificate of registration or naturalisation; and

(c)the applicant’s mother’s passport, describing her as either a British citizen or a British subject (Citizen of the United Kingdom and Colonies), valid at the time of the applicant’s birth.

(4) The documents specified are –

(a)the applicant’s father’s United Kingdom birth certificate;

(b)the applicant’s father’s certificate of registration or naturalisation; and

(c)the applicant’s father’s passport, describing him as either a British citizen or a British subject (Citizen of the United Kingdom and Colonies), valid at the time of the applicant’s birth.

(5) Where an applicant provides a birth certificate issued by a British consulate or High Commission overseas, references in this paragraph to documents specified in sub-paragraphs (2) to (4) do not apply.

Documents required from British citizens or British subjects with a right of abode in the United Kingdom

20.  In the case of an applicant who claims to be a British subject with right of abode in the United Kingdom who does not hold a valid United Kingdom passport describing the applicant as a British subject with right of abode in the United Kingdom –

(a)the applicant’s birth certificate in a form which contains details of the parents, or, as the case may be, adoptive parents of the applicant, in so far as they are included on the relevant register;

(b)the applicant’s father’s or mother’s birth certificate;

(c)where the applicant’s father’s birth certificate accompanies the application under paragraph (b), the applicant’s parents’ marriage certificate;

(d)where the applicant claims British subject status under section 31 of the British Nationality Act 1981, any notice in writing given to the Secretary of State under section 31(3) of the British Nationality Act 1981 (continuance as British subjects of certain former citizens of Eire); and

(e)in the case of an applicant who is a British subject with the right of abode in the United Kingdom under an enactment other than section 31 of the British Nationality Act 1981, a declaration that they have not taken up alternative citizenship or nationality.

21.—(1) In the case of an applicant who is or claims to be a British citizen or a British subject with right of abode, and who supplies pursuant to paragraph 1(a) of Part 1 of this Schedule a name that differs from the name on the birth or adoption certificate, registration or naturalisation certificate or passport relating to the applicant which has been included with the application, one of the documents listed in paragraph (2), which provides evidence of the change of name.

(2) The documents referred to in paragraph (1) are –

(a)marriage certificate;

(b)civil partnership certificate;

(c)gender recognition certificate;

(d)enrolled deed poll;

(e)unenrolled deed poll or change of name deed;

(f)certificate from the court of the Lord Lyon of Scotland;

(g)copy of an Act of Parliament which provided for a change in the applicant’s name;

(h)statutory declaration;

(i)baptismal or confirmation certificate; and

(j)United Kingdom birth certificate issued on re-registration of the birth in a form which contains details of the parents or, as the case may be, adoptive parents of the applicant, in so far as they are included on the relevant register.

Documents required from EEA nationals and their family members

22.  In the case of an applicant who claims to be an EEA national, the applicant’s identity card or passport.

23.  In the case of an applicant who claims to be a family member of an EEA national with a right to reside under the Immigration (European Economic Area) Regulations 2006, the applicant’s passport.

Documents required from transgendered applicants

24.  In the case of an applicant who lives in two gender roles and is applying for details of both genders to be entered in the Register, a report from a registered medical practitioner or a chartered psychologist practicing in the field of gender dysphoria that the individual has a need to live at least part of their life in a gender other that recorded on the current birth certificate.

25.  In the case of applicant who has only provided information relating to an acquired gender, and that acquired gender is not recorded in the valid passport, valid identity card or a birth or adoption certificate in a form which contains details of the parents or, as the case may be, adoptive parents that accompanies the application:

(i)a gender recognition certificate, or

(ii)a report from a registered medical practitioner or a chartered psychologist practicing in the field of gender dysphoria that the individual has a need to has a need to live at least part of their life in a gender other than their gender recorded on their current birth certificate.

Documents required from applicants who have dual nationality

26.  In the case of an applicant who has dual nationality, any valid identity card or valid passport of the applicant which the applicant is not required to supply by virtue of any of the preceding provisions of this Part of the Schedule.

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