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British Nationality Act 1981

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Section 36.

SCHEDULE 2U.K. Provisions for Reducing Statelessness

Modifications etc. (not altering text)

Persons born in the United Kingdom after commencementU.K.

1(1)Where a person born in the United Kingdom after commencement would, but for this paragraph, be born stateless, then, subject to sub-paragraph (3)—U.K.

(a)if at the time of the birth his father or mother is a citizen or subject of a description mentioned in sub-paragraph (2), he shall be a citizen or subject of that description; and accordingly

(b)if [F1he is born legitimate and] at the time of the birth each of his parents is a citizen or subject of a different description so mentioned, he shall be a citizen or subject of the same description so mentioned as each of them is respectively at that time.

(2)The descriptions referred to in sub-paragraph (1) are a [F2British overseas territories citizen], a British Overseas citizen and a British subject under this Act.

(3)A person shall not be a British subject by virtue of this paragraph if by virtue of it he is a citizen of a description mentioned in sub-paragraph (2).

Textual Amendments

F1Words in Sch. 2 para. 1(1)(b) ceased to have effect (1.7.2006 with effect as mentioned in s. 162(5) of the amending Act) and repealed (prosp.) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 9(5)(a), 161, 162, Sch. 9 (with s. 159); S.I. 2006/1498, arts. 2(b), 3

Persons born in a [F3British overseas territory] after commencementU.K.

Textual Amendments

F3Words in Sch. 2 para. 2 cross-heading substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 1(1)(b)

2(1)Where a person born in a [F4British overseas territory] after commencement would, but for this paragraph, be born stateless, then, subject to sub-paragraph (3)—U.K.

(a)if at the time of the birth his father or mother is a citizen or subject of a description mentioned in sub-paragraph (2), he shall be a citizen or subject of that description; and accordingly

(b)if [F5he is born legitimate and] at the time of the birth each of his parents is a citizen or subject of a different description so mentioned, he shall be a citizen or subject of the same description so mentioned as each of them is respectively at that time.

(2)The descriptions referred to in sub-paragraph (1) are a British citizen, a British Overseas citizen and a British subject under this Act.

(3)A person shall not be a British subject by virtue of this paragraph if by virtue of it he is a citizen of a description mentioned in sub-paragraph (2).

Textual Amendments

F5Words in Sch. 2 para. 2(1)(b) ceased to have effect (1.7.2006 with effect as mentioned in s. 162(5) of the amending Act) and repealed (prosp.) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 9(5)(b), 161, 162, Sch. 9 (with s. 159); S.I. 2006/1498, arts. 2(b), 3

Persons born in the United Kingdom or a [F6British overseas territory] after commencementU.K.

Textual Amendments

F6Words in Sch. 2 para. 3 cross-heading substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8). {s. 1(1)(b)}

3(1)A person born in the United Kingdom or a [F7British overseas territory] after commencement shall be entitled, on an application for his registration under this paragraph, to be so registered if the following requirements are satisfied in his case, namely—U.K.

(a)that he is and always has been stateless; and

(b)that on the date of the application he F8. . . was under the age of twenty-two; and

(c)that he was in the United Kingdom or a [F7British overseas territory](no matter which) at the beginning of the period of five years ending with that date and that (subject to paragraph 6) the number of days on which he was absent from both the United Kingdom and the [F9British overseas territories] in that period does not exceed 450.

(2)A person entitled to registration under this paragraph—

(a)shall be registered under it as a British citizen if, in the period of five years mentioned in sub-paragraph (1), the number of days wholly or partly spent by him in the United Kingdom exceeds the number of days wholly or partly spent by him in the [F9British overseas territories];

(b)in any other case, shall be registered under it as a [F10British overseas territories citizen].

Textual Amendments

F8Words in Sch. 2 para. 3(1)(b) repealed (1.4.2003 with effect as mentioned in s. 162(4) of the amending Act) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 8, 161, 162, Sch. 9 (with s. 159); S.I. 2003/754, art. 2, Sch. 1 (with arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, art. 2 and S.I. 2003/1339, art. 4))

Persons born outside the United Kingdom and the [F11British overseas territories] after commencementU.K.

Textual Amendments

F11Words in Sch. 2 para. 4 cross-heading substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 1(1)(b)

4(1)A person born outside the United Kingdom and the [F12British overseas territories] after commencement shall be entitled, on an application for his registration under this paragraph, to be so registered if the following requirements are satisfied, namely—U.K.

(a)that that person is and always has been stateless; and

(b)that at the time of that person’s birth his father or mother was a citizen or subject of a description mentioned in sub-paragraph (4); and

(c)that that person was in the United Kingdom or a [F13British overseas territory](no matter which) at the beginning of the period of three years ending with the date of the application and that (subject to paragraph 6) the number of days on which he was absent from both the United Kingdom and the [F12British overseas territories] in that period does not exceed 270.

(2)A person entitled to registration under this paragraph—

(a)shall be registered under it as a citizen or subject of a description available to him in accordance with sub-paragraph (3); and

(b)if more than one description is so available to him, shall be registered under this paragraph as a citizen of whichever one or more of the descriptions so available to him is or are stated in the application under this paragraph to be wanted.

(3)For the purposes of this paragraph the descriptions of citizen or subject available to a person entitled to registration under this paragraph are—

(a)in the case of a person whose father or mother was at the time of that person’s birth a citizen of a description mentioned in sub-paragraph (4), any description of citizen so mentioned which applied to his father or mother at that time;

(b)in any other case, a British subject under this Act.

(4)The descriptions referred to in sub-paragraphs (1) to (3) are a British citizen, a [F14British overseas territories citizen] , a British Overseas citizen and a British subject under this Act.

Persons born stateless before commencementU.K.

5(1)A person born before commencement shall be entitled, on an application for his registration under this paragraph, to be so registered if the circumstances are such that, if—U.K.

(a)this Act had not been passed, and the enactments repealed or amended by this Act had continued in force accordingly; and

(b)an application for the registration of that person under section 1 of the M1British Nationality (No. 2) Act 1964 (stateless persons) as a citizen of the United Kingdom and Colonies had been made on the date of the application under this paragraph,

that person would have been entitled under that section to be registered as such a citizen.

(2)A person entitled to registration under this paragraph shall be registered under it as such a citizen as he would have become at commencement if, immediately before commencement, he had been registered as a citizen of the United Kingdom and Colonies under section 1 of the M2British Nationality (No. 2) Act 1964 on whichever of the grounds mentioned in subsection (1)(a) to (c) of that section he would have been entitled to be so registered on in the circumstances described in sub-paragraph (1)(a) and (b) of this paragraph.

Marginal Citations

SupplementaryU.K.

6If in the special circumstances of any particular case the Secretary of State thinks fit, he may for the purposes of paragraph 3 or 4 treat the person who is the subject of the application as fulfilling the requirement specified in sub-paragraph (1)(c) of that paragraph although the number of days on which he was absent from both the United Kingdom and the [F15British overseas territories] in the period there mentioned exceeds the number there mentioned.

Textual Amendments

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