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The British Nationality (Cyprus) Order 1960

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SECTION 4

1.  A person who immediately before the date of this Treaty was a citizen of the United Kingdom and Colonies and possessed any of the qualifications specified in paragraph 2 of Section 2 of this Annex but does not under that Section become a citizen of the Republic of Cyprus shall be entitled, on application to the appropriate authority of the Republic of Cyprus, to be granted on or after the agreed date citizenship of the Republic of Cyprus if—

(a)he was immediately before the date of this Treaty ordinarily resident in any country or territory specified in sub-paragraph (j) of paragraph 2 of Section 3 of this Annex; or

(b)he was immediately before that date ordinarily resident in Greece or Turkey; or

(c)he was immediately before that date ordinarily resident elsewhere than in a country or territory mentioned in sub-paragraphs (a) and (b) of this paragraph and became or may become stateless by reason of this Annex.

2.  A person of Cypriot origin who immediately before the date of this Treaty was not a citizen of the United Kingdom and Colonies shall be entitled, on application to the appropriate authority of the Republic of Cyprus, to be granted on or after the agreed date citizenship of the Republic of Cyprus. For the purpose of this paragraph, “a person of Cypriot origin” means a person who was, on the 5th of November, 1914, an Ottoman subject ordinarily resident in the Island of Cyprus or who is descended in the male line from such a person.

3.  A woman who was married before the date of this Treaty to a person who is entitled to make an application for citizenship of the Republic of Cyprus under paragraph 1 or 2 of this Section and is making or has made such an application shall be entitled, on application during the subsistence of the marriage made to the appropriate authority of the Republic of Cyprus, to be granted on or after the agreed date citizenship of the Republic of Cyprus.

4.  A woman who is a citizen of the United Kingdom and Colonies and was married before the date of this Treaty to a person possessing any of the qualifications specified in paragraph 2 of Section 2 of this Annex but whose marriage has been terminated by death or divorce shall be entitled, on application to the appropriate authority of the Republic of Cyprus, to be granted on or after the agreed date citizenship of the Republic of Cyprus if at the date of this Treaty any of the conditions specified in sub-paragraph (a), (b) or (c) of paragraph 1 of this Section were satisfied in the case of her husband (or, if the marriage was terminated before the date of this Treaty, then in her case).

5.  A woman who was married before the date of this Treaty to a person of Cypriot origin within the meaning of paragraph 2 of this Section not being a citizen of the United Kingdom and Colonies but whose marriage has been terminated by death or divorce shall be entitled, on application to the appropriate authority of the Republic of Cyprus, to be granted on or after the agreed date citizenship of the Republic of Cyprus.

6.  A person born between the date of this Treaty and the agreed date shall be entitled, on application to the appropriate authority of the Republic of Cyprus, to be granted on or after the agreed date citizenship of the Republic of Cyprus if either of his parents is entitled to make an application for such citizenship under paragraphs 1 to 5 of this Section and is making or has made such an application.

7.—(a) Subject to paragraph 8 of this Section, the number of applications which may be granted under paragraphs 1 to 6 of this Section on the basis of such residence as is referred to in sub-paragraph (a) or (b) of paragraph 1 or on the basis of Cypriot origin as referred to in paragraph 2 of this Section shall be limited in each calendar year to the numbers given in the Table below in respect of each class of applicants. Applications shall be granted up to the full number given in each space in that Table in respect of applicants of each class irrespective of the number of applications made by or granted to applicants of any other class.

TABLE

ApplicationColumn A Persons who are to become members of the Greek Community including those persons who are to be associated with itColumn B Persons who are to become members of the Turkish Community
I On the basis of such residence as is referred to in sub-paragraph (a) of paragraph 11,200300
II On the basis of such residence as is referred to in sub-paragraph (b) of paragraph 116040
III On the basis of such Cypriot origin as is referred to in paragraph 2560140

(b)The numbers in the Table above may be altered for any year by agreement between the President and Vice-President of the Republic of Cyprus.

(c)If, in any year, the number of persons who become members of the Greek community, having been granted citizenship of the Republic of Cyprus under sub-paragraph (c) of paragraph 1 of this Section and having taken up permanent residence in the Republic of Cyprus, exceeds the number required to maintain the ratio of 4 to 1 between the number of such persons and the number of persons who become members of the Turkish community, having been granted citizenship of the Republic of Cyprus under that sub-paragraph and having taken up permanent residence in the Republic of Cyprus, the excess shall be set-off in the immediately following one or more years, as may be required, against the total number in Column A in the Table in sub-paragraph (a) of this paragraph.

(d)If, in any year, the number of persons who become members of the Turkish community, having been granted citizenship of the Republic of Cyprus under sub-paragraph (c) of paragraph 1 of this Section and having taken up permanent residence in the Republic of Cyprus, exceeds the number required to maintain the ratio of 1 to 4 between the number of such persons and the number of persons who become members of the Greek community, having been granted citizenship of the Republic of Cyprus under that sub-paragraph and having taken up permanent residence in the Republic of Cyprus, the excess shall be set-off in the immediately following one or more years, as may be required, against the total number in Column B in the Table in sub-paragraph (a) of this paragraph.

8.  The provisions of paragraph 7 of this Section shall not apply to an application made under paragraph 2 of this Section by a person born in the Island of Cyprus who was ordinarily resident there for the period of twenty years immediately before the date of this Treaty or by the wife of such a person.

9.  Section 3 of this Annex shall not apply to such a person as is mentioned in sub-paragraph (b) of paragraph 1 of this Section if loss of citizenship of the United Kingdom and Colonies under Section 3 of this Annex would render him stateless.

10.  Notwithstanding Section 3 of this Annex, the United Kingdom may provide that the citizenship of the United Kingdom and Colonies of persons who may become stateless on the agreed date by the operation of that Section may continue to subsist until the 16th of August, 1961. Where a child is born to such a person during such subsistence of citizenship of the United Kingdom and Colonies, paragraph 6 of this Section shall apply to that child as if he had been born before the agreed date.

11.  Applications to the appropriate authority of the Republic of Cyprus pursuant to sub-paragraph (c) of paragraph 1 of this Section may be made on or after the 16th of November, 1960.

12.  Applications under this Section shall be dealt with in the order in which they are received; and any application which cannot be granted by reason of paragraph 7 of this Section in any calendar year, or which is received too late to be dealt with in that year, shall be dealt with in the following calendar year as part of the number authorised for that year and before the applications received in that year.

13.  An application under this Section may be made on behalf of a child who has not attained the age of sixteen years by any person who satisfies the appropriate authority that he is the father or guardian of the child.

14.  A citizen of the United Kingdom and Colonies who becomes a citizen of the Republic of Cyprus under this Section shall thereupon cease to be a citizen of the United Kingdom and Colonies. The United Kingdom may provide that any person who loses citizenship of the United Kingdom and Colonies under this paragraph as a result of an application made on his behalf under paragraph 13 of this Section shall be entitled to resume that citizenship after he attains the age of 21 years.

15.  Particulars of every grant of citizenship under this Section to a person who is a citizen of the United Kingdom and Colonies shall be notified by the Government of the Republic of Cyprus to the Government of the United Kingdom.

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