The Immigration (Exemption from Control) (Amendment) Order 1982

EXPLANATORY NOTE

Under section 1(1) of the British Nationality Act 1981 a person born in the United Kingdom after the commencement of that Act on 1st January 1983 (see S.I. 1982/933) will be a British citizen if his father or mother is a British citizen or settled in the United Kingdom. Section 50(3) provides inter alia that a person is not to be regarded as settled for the purposes of the Act at any time when he was entitled to an exemption under section 8(2) of the Immigration Act 1971 (which enables the Secretary of State by Order to confer exemption from immigration control) unless the Order conferring the exemption provides otherwise. In section 1(1) of the 1981 Act, by virtue of section 50, “the United Kingdom” includes the Channel Islands and the Isle of Man; and “mother” includes the mother of an illegitimate child.

This Order amends the Immigration (Exemption from Control) Order 1972 so as to provide that a person shall in certain circumstances be regarded as settled in the United Kingdom for the purposes of section 1(1) of the 1981 Act, notwithstanding that he is entitled to an exemption by virtue of that Order. The circumstances in which such a person is to be so regarded correspond to those in which a person entitled to an exemption under section 8(3) of the 1971 Act (which confers exemption on certain persons connected with a diplomatic mission or who otherwise have immunity) is, by virtue of section 50(4) of the 1981 Act, to be so regarded.

References in the 1972 Order to persons who are not patrial are replaced by references to persons who are not British citizens, consequent upon a similar amendment made to section 8(2) of the 1971 Act by paragraph 2 of Schedule 4 to the 1981 Act.