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The British Nationality (General) Regulations 2003

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Regulation 3

SCHEDULE 2PARTICULAR REQUIREMENTS AS RESPECTS APPLICATIONS

Application under section 1(3) of the Act

1.  An application under section 1(3) of the Act shall contain information showing that the applicant’s father or mother became a British citizen, or became settled in the United Kingdom, after the applicant’s birth.

Application under section 1(4) of the Act

2.  An application under section 1(4) of the Act shall contain information showing that the applicant possesses the requisite qualifications in respect of residence.

3.  If the applicant was absent from the United Kingdom on more than 90 days in all in any one of the first 10 years of his life and it is desired that the application should nevertheless be considered under section 1(7) of the Act, it shall specify the special circumstances to be taken into consideration.

Application under section 3(2) of the Act

4.  An application under section 3(2) of the Act shall contain information showing—

(a)that the applicant’s father or mother (“the parent in question”) was a British citizen by descent at the time of the applicant’s birth;

(b)that the father or mother of the parent in question—

(i)was a British citizen otherwise than by descent at the time of the birth of the parent in question; or

(ii)became a British citizen otherwise than by descent at commencement; or

(iii)would have become a British citizen otherwise than by descent at commencement but for his or her death;

(c)either—

(i)that the parent in question possesses the requisite qualifications in respect of residence; or

(ii)that the applicant was born stateless.

5.  If the application is not made within 12 months after the applicant’s birth and it is desired that the application should nevertheless be considered under section 3(4) of the Act, it shall specify the special circumstances to be taken into consideration.

Application under section 3(5) of the Act

6.  An application under section 3(5) of the Act shall contain information showing—

(a)that the applicant’s father or mother was a British citizen by descent at the time of the applicant’s birth;

(b)that the applicant and his father and mother possess the requisite qualifications in respect of residence;

(c)that the consent of the applicant’s father and/or mother (as required by section 3(5)(c) and (6) of the Act) has been signified in accordance with regulation 14 and, if the consent of one parent only has been signified, the reason for that fact.

Application under section 4(2) of the Act

7.—(1) An application under section 4(2) of the Act shall contain information showing—

(a)that the applicant is a British overseas territories citizen, a British Overseas citizen, a British subject under the Act or a British protected person;

(b)that the applicant possesses the requisite qualifications in respect of residence, freedom from immigration restrictions and compliance with the immigration laws.

(2) If the applicant does not possess the requisite qualifications in respect of residence, freedom from immigration restrictions and compliance with the immigration laws and it is desired that the application should nevertheless be considered under section 4(4) of the Act, it shall specify the special circumstances to be taken into consideration.

Application under section 4(5) of the Act

8.—(1) An application under section 4(5) of the Act shall contain information showing—

(a)that the applicant is a British overseas territories citizen, a British Overseas citizen, a British subject under the Act or a British protected person;

(b)that the applicant possesses the requisite qualifications in respect of service.

(2) The application shall specify the special circumstances to be taken into consideration.

Application under section 4A of the Act(1)

9.  An application under section 4A of the Act shall contain information showing—

(a)that the applicant is a British overseas territories citizen who is not such a citizen by virtue only of a connection with the Sovereign Base Areas of Akrotiri and Dhekelia;

(b)that the applicant has not ceased to be a British citizen as a result of a declaration of renunciation.

Application under section 4B of the Act(2)

10.  An application under section 4B of the Act shall contain information showing—

(a)that the applicant is a British Overseas citizen, a British subject under the Act or a British protected person and has no other citizenship or nationality;

(b)that the applicant has not after 4th July 2002 renounced, voluntarily relinquished or lost through action or inaction any citizenship or nationality.

Application under section 4C of the Act(3)

11.  An application under section 4C of the Act shall contain information showing—

(a)that the applicant was born after 7th February 1961 and before 1st January 1983;

(b)that the applicant would at some time before 1st January 1983 have become a citizen of the United Kingdom and Colonies by virtue of section 5 of the British Nationality Act 1948(4) if that section had provided for citizenship by descent from a mother in the same terms as it provided for citizenship by descent from a father;

(c)that immediately before 1st January 1983 the applicant would have had the right of abode in the United Kingdom by virtue of section 2 of the Immigration Act 1971(5) had he become a citizen of the United Kingdom and Colonies as described in sub-paragraph (b) above.

Application under section 5 of the Act

12.  An application under section 5 of the Act shall contain information showing that the applicant is a British overseas territories citizen who falls to be treated as a national of the United Kingdom for the purposes of the Community Treaties.

Application under section 6(1)

13.—(1) An application under section 6(1) of the Act shall contain information showing—

(a)that the applicant possesses the requisite qualifications in respect of residence or Crown service, freedom from immigration restrictions, compliance with the immigration laws, good character, knowledge of language and intention with respect to residence or occupation in the event of a certificate of naturalisation being granted to him;

(b)that the applicant is of full capacity.

(2) If the applicant does not possess the requisite qualifications in respect of residence, freedom from immigration restrictions, compliance with the immigration laws and knowledge of language and it is desired that the application should nevertheless be considered under paragraph 2 of Schedule 1 to the Act, it shall specify the special circumstances to be taken into consideration.

Application under section 6(2) of the Act

14.—(1) An application under section 6(2) of the Act shall contain information showing—

(a)that the applicant is married to a British citizen;

(b)that the applicant possesses the requisite qualifications in respect of residence, freedom from immigration restrictions, compliance with the immigration laws and good character;

(c)that the applicant is of full capacity.

(2) If the applicant does not possess the requisite qualifications in respect of residence and compliance with the immigration laws and it is desired that the application should nevertheless be considered under paragraph 4 of Schedule 1 to the Act, it shall specify the special circumstances to be taken into consideration.

(3) If the applicant does not possess the requisite qualifications in respect of residence and it is desired that the application should nevertheless be considered under paragraph 4(d) of Schedule 1 to the Act on the grounds of marriage to a person who is serving in Crown Service under the government of the United Kingdom or other designated service, it shall specify the nature of the service and contain information showing that recruitment for that service took place in the United Kingdom.

Application under section 10(1) of the Act

15.  An application under section 10(1) of the Act shall contain information showing—

(a)that the applicant renounced citizenship of the United Kingdom and Colonies;

(b)that at the time when he renounced it the applicant was, or was about to become, a citizen of a country mentioned in section 1(3) of the British Nationality Act 1948;

(c)that the applicant could not have remained or become such a citizen but for renouncing it or had reasonable cause to believe that he would be deprived of his citizenship of that country unless he renounced it;

(d)that the applicant possessed the requisite qualifying connection with the United Kingdom immediately before commencement or was married before commencement to a person who possessed the requisite qualifying connection with the United Kingdom immediately before commencement or would if living have possessed such a connection;

(e)that the applicant has not previously been registered under section 10(1) of the Act.

Application under section 10(2) of the Act

16.  An application under section 10(2) of the Act shall contain information showing—

(a)that the applicant has renounced citizenship of the United Kingdom and Colonies and his reason for so doing;

(b)that the applicant possesses the requisite qualifying connection with the United Kingdom or has been married to a person who has, or would if living have, such a connection;

(c)that the applicant is of full capacity.

Application under section 13(1) of the Act

17.  An application under section 13(1) of the Act shall contain information showing—

(a)that the applicant has renounced British citizenship;

(b)that, at the time when he renounced it, the applicant had or was about to acquire some other citizenship or nationality;

(c)that the renunciation of British citizenship was necessary to enable him to retain or acquire that other citizenship or nationality;

(d)that the applicant has not previously been registered under section 13(1) of the Act;

(e)that the applicant is of full capacity.

Application under section 13(3) of the Act

18.  An application under section 13(3) of the Act shall contain information showing—

(a)that the applicant has renounced British citizenship and his reason for so doing;

(b)that the applicant is of full capacity.

Application under paragraph 3 of Schedule 2 to the Act

19.—(1) An application under paragraph 3 of Schedule 2 to the Act shall contain information showing—

(a)that the applicant is and always has been stateless;

(b)that the applicant seeks British citizenship and possesses the requisite qualifications in respect of residence.

(2) If the applicant does not possess the requisite qualifications in respect of residence and it is desired that the application should nevertheless be considered under paragraph 6 of Schedule 2 to the Act, it shall specify the special circumstances to be taken into consideration.

Application under paragraph 4 of Schedule 2

20.—(1) An application under paragraph 4 of Schedule 2 to the Act shall contain information showing—

(a)that the applicant is and always has been stateless;

(b)in respect of both the father and mother of the applicant, which of the following statuses, namely, British citizenship, British overseas territories citizenship, British Overseas citizenship or the status of a British subject under the Act, was held at the time of the applicant’s birth;

(c)that the applicant possesses the requisite qualifications in respect of residence;

(d)if more than one of the statuses mentioned in sub-paragraph (b) above are available to the applicant, which status or statuses is or are wanted.

(2) If the applicant does not possess the requisite qualifications in respect of residence and it is desired that the application should nevertheless be considered under paragraph 6 of Schedule 2 to the Act, it shall specify the special circumstances to be taken into consideration.

Application under paragraph 5 of Schedule 2

21.  An application under paragraph 5 of Schedule 2 to the Act shall contain information showing—

(a)that the applicant is and always has been stateless;

(b)if he was not born at a place which is at the date of the application within the United Kingdom and British overseas territories—

(i)that the applicant’s mother was a citizen of the United Kingdom and Colonies at the time of his birth; or

(ii)that he possesses the requisite qualifications in respect of parentage or residence and parentage;

(c)that the applicant seeks British citizenship or British Overseas citizenship and that that citizenship is available to the applicant in accordance with paragraph 5(2) of Schedule 2 to the Act.

(1)

Section 4A was inserted by section 4 of the British Overseas Territories Act 2002 (c. 8).

(2)

Section 4B was inserted by section 12 of the Nationality, Immigration and Asylum Act 2002 (c. 41).

(3)

Section 4C was inserted by section 13 of the Nationality, Immigration and Asylum Act 2002 (c. 41).

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