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Immigration Act 1971

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This is the original version (as it was originally enacted).

Provisions to have effect as section 5A of British Nationality Act 1948

5A(1)Subject to the provisions of subsections (5) and (6) below, a citizen of any country mentioned in section 1(3) of this Act, being a person of full age and capacity, shall be entitled, on making application therefor to the Secretary of State in the prescribed manner, to be registered as a citizen of the United Kingdom and Colonies if he satisfies the Secretary of State that—

(a)he is patrial within the meaning of the Immigration Act 1971 by virtue of section 2(1)(d) of that Act or of the reference thereto in section 2(2); and

(b)he fulfils the condition in subsection (3) below.

(2)On an application made to the Secretary of State in the prescribed manner, the Secretary of State may cause to be registered as a citizen of the United Kingdom and Colonies any person of full age and capacity who satisfies the Secretary of State that—

(a)he is a citizen of a country mentioned in section 1(3) of this Act or of Eire ; and

(b)he fulfils the condition in subsection (3) below; and

(c)he is of good character ; and

(d)he has sufficient knowledge of the English or Welsh language ; and

(e)he intends in the event of his being registered to reside in the United Kingdom or a colony or protectorate or to enter into or continue in relevant employment.

(3)The condition that a person is required by subsection (1)(b) or (2)(b) above to fulfil is that throughout the period of five years ending with the date of his application to be registered, or such shorter period so ending as the Secretary of State may in the special circumstances of any particular case accept, he has been ordinarily resident in the United Kingdom, or engaged in relevant employment, or partly the one and partly the other.

(4)For purposes of this section " relevant employment " means—

(a)Crown service under Her Majesty's Government in the United Kingdom ; or

(b)service under an international organisation of which Her Majesty's Government in the United Kingdom is a member ; or

(c)service in the employment of a society, company or body of persons established in the United Kingdom ;

and in subsection (2)(e) includes service in the employment of a society, company or body of persons established either in the United Kingdom or in a colony or protectorate.

(5)A person shall not be registered under this section wholly or partly by reason of service within subsection (4)(b) or (c) above unless it seems to the Secretary of State fitting that he should be so registered by reason of his close connection with the United Kingdom or, if he is applying for registration under subsection (2), his close connection with the United Kingdom and Colonies.

(6)A person who has renounced citizenship of the United Kingdom and Colonies under this Act shall not be entitled to be registered as a citizen thereof under subsection (1) above, but may be so registered with the approval of the Secretary of State.

(7)Where a person is a British subject without citizenship by virtue of section 13 or 16 of this Act or (being a woman) is a British subject by virtue of section 1 of the British Nationality Act 1965 by virtue of her having satisfied the Secretary of State that she has been married to a man who was, or but for his death would have been, a British subject as aforesaid, this section shall apply to that person as it applies to a citizen of a country mentioned in section 1(3) of this Act. Appendix B to Schedule 1

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