Chwilio Deddfwriaeth

Borders, Citizenship and Immigration Act 2009

 Help about what version

Pa Fersiwn

 Help about advanced features

Nodweddion Uwch

Status:

This version of this part contains provisions that are prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

Borders, Citizenship and Immigration Act 2009, Part 2 is up to date with all changes known to be in force on or before 28 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Part 2 U.K.Citizenship

Acquisition of British citizenship by naturalisationU.K.

Prospective

F139Application requirements: generalU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prospective

F240Application requirements: family members etc.U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

41The qualifying periodU.K.

F3(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In subsection (7) of [F4section 41 of the British Nationality Act 1981 (regulations)], after “this section” insert “ (other than regulations referred to in subsection (8)) ”.

(5)After subsection (7) of that section insert—

(8)Any regulations (whether alone or with other provision)—

(a)under subsection (1)(a) for prescribing activities for the purposes of paragraph 4B(5)(a) of Schedule 1; or

(b)under subsection (1)(bc), (bd) or (be),

may not be made unless a draft has been laid before and approved by a resolution of each House of Parliament.

Textual Amendments

Commencement Information

I1S. 41(5) in force at 27.10.2014 for specified purposes by S.I. 2014/2634, art. 2(a)

Acquisition of British citizenship by birthU.K.

42Children born in UK etc. to members of the armed forcesU.K.

(1)Section 1 of the British Nationality Act 1981 (c. 61) (acquisition of British citizenship by birth or adoption) is amended as follows.

(2)After subsection (1) insert—

(1A)A person born in the United Kingdom or a qualifying territory on or after the relevant day shall be a British citizen if at the time of the birth his father or mother is a member of the armed forces.

(3)In subsection (3), after “subsection (1)” insert “ , (1A) ”.

(4)After subsection (3) insert—

(3A)A person born in the United Kingdom on or after the relevant day who is not a British citizen by virtue of subsection (1), (1A) or (2) shall be entitled to be registered as a British citizen if, while he is a minor—

(a)his father or mother becomes a member of the armed forces; and

(b)an application is made for his registration as a British citizen.

(5)In subsection (4), after “subsection (1)” insert “ , (1A) ”.

(6)After subsection (8) insert—

(9)The relevant day for the purposes of subsection (1A) or (3A) is the day appointed for the commencement of section 42 of the Borders, Citizenship and Immigration Act 2009 (which inserted those subsections).

Commencement Information

I2S. 42 in force at 13.1.2010 by S.I. 2009/2731, art. 4(a)

Acquisition of British citizenship etc. by registrationU.K.

43MinorsU.K.

(1)Section 3 of the British Nationality Act 1981 (c. 61) (acquisition by registration: minors) is amended as follows.

(2)In subsection (2), for “within the period of twelve months from the date of the birth” substitute “ while he is a minor ”.

(3)Omit subsection (4).

Commencement Information

I3S. 43 in force at 13.1.2010 by S.I. 2009/2731, art. 4(b)

44British Nationals (Overseas) without other citizenshipU.K.

(1)Section 4B of the British Nationality Act 1981 (acquisition by registration: certain persons without other citizenship) is amended as follows.

(2)In subsection (1)—

(a)omit “or” immediately before paragraph (c), and

(b)after that paragraph insert , or

(d)British National (Overseas).

(3)In subsection (2)(c), for “4th July 2002” substitute “ the relevant day ”.

(4)After subsection (2), insert—

(3)For the purposes of subsection (2)(c), the “relevant day” means—

(a)in the case of a person to whom this section applies by virtue of subsection (1)(d) only, 19th March 2009, and

(b)in any other case, 4th July 2002.

Commencement Information

I4S. 44 in force at 13.1.2010 by S.I. 2009/2731, art. 4(c)

45Descent through the female lineU.K.

(1)Section 4C of the British Nationality Act 1981 (the title to which becomes “Acquisition by registration: certain persons born before 1983”) is amended as follows.

(2)In subsection (2), omit “after 7th February 1961 and”.

(3)For subsection (3) substitute—

(3)The second condition is that the applicant would at some time before 1st January 1983 have become a citizen of the United Kingdom and Colonies—

(a)under section 5 of, or paragraph 3 of Schedule 3 to, the 1948 Act if assumption A had applied,

(b)under section 12(3), (4) or (5) of that Act if assumption B had applied and as a result of its application the applicant would have been a British subject immediately before 1st January 1949, or

(c)under section 12(2) of that Act if one or both of the following had applied—

(i)assumption A had applied;

(ii)assumption B had applied and as a result of its application the applicant would have been a British subject immediately before 1st January 1949.

(3A)Assumption A is that—

(a)section 5 or 12(2) of, or paragraph 3 of Schedule 3 to, the 1948 Act (as the case may be) provided for citizenship by descent from a mother in the same terms as it provided for citizenship by descent from a father, and

(b)references in that provision to a father were references to the applicant's mother.

(3B)Assumption B is that—

(a)a provision of the law at some time before 1st January 1949 which provided for a nationality status to be acquired by descent from a father provided in the same terms for its acquisition by descent from a mother, and

(b)references in that provision to a father were references to the applicant's mother.

(3C)For the purposes of subsection (3B), a nationality status is acquired by a person (“P”) by descent where its acquisition—

(a)depends, amongst other things, on the nationality status of one or both of P's parents, and

(b)does not depend upon an application being made for P's registration as a person who has the status in question.

(3D)For the purposes of subsection (3), it is not to be assumed that any registration or other requirements of the provisions mentioned in that subsection or in subsection (3B) were met.

(4)After subsection (4) insert—

(5)For the purposes of the interpretation of section 5 of the 1948 Act in its application in the case of assumption A to a case of descent from a mother, the reference in the proviso to subsection (1) of that section to “a citizen of the United Kingdom and Colonies by descent only” includes a reference to a female person who became a citizen of the United Kingdom and Colonies by virtue of—

(a)section 12(2), (4) or (6) only of the 1948 Act,

(b)section 13(2) of that Act,

(c)paragraph 3 of Schedule 3 to that Act, or

(d)section 1(1)(a) or (c) of the British Nationality (No. 2) Act 1964.

Commencement Information

I5S. 45 in force at 13.1.2010 by S.I. 2009/2731, art. 4(d)

46Children born outside UK etc. to members of the armed forcesU.K.

After section 4C of the British Nationality Act 1981 (c. 61) insert—

4DAcquisition by registration: children of members of the armed forces

(1)A person (“P”) born outside the United Kingdom and the qualifying territories on or after the relevant day is entitled to be registered as a British citizen if—

(a)an application is made for P's registration under this section; and

(b)each of the following conditions is satisfied.

(2)The first condition is that, at the time of P's birth, P's father or mother was—

(a)a member of the armed forces; and

(b)serving outside the United Kingdom and the qualifying territories.

(3)The second condition is that, if P is a minor on the date of the application, the consent of P's father and mother to P's registration as a British citizen has been signified in the prescribed manner.

(4)But if P's father or mother has died on or before the date of the application, the reference in subsection (3) to P's father and mother is to be read as a reference to either of them.

(5)The Secretary of State may, in the special circumstances of a particular case, waive the need for the second condition to be satisfied.

(6)The relevant day for the purposes of this section is the day appointed for the commencement of section 46 of the Borders, Citizenship and Immigration Act 2009 (which inserted this section).

Commencement Information

I6S. 46 in force at 13.1.2010 by S.I. 2009/2731, art. 4(e)

47Good character requirementU.K.

(1)After section 41 of the British Nationality Act 1981 insert—

41ARegistration: requirement to be of good character

(1)An application for registration of an adult or young person as a British citizen under section 1(3), (3A) or (4), 3(1), (2) or (5), 4(2) or (5), 4A, 4C, 4D, 5, 10(1) or (2) or 13(1) or (3) must not be granted unless the Secretary of State is satisfied that the adult or young person is of good character.

(2)An application for registration of an adult or young person as a British overseas territories citizen under section 15(3) or (4), 17(1) or (5), 22(1) or (2) or 24 must not be granted unless the Secretary of State is satisfied that the adult or young person is of good character.

(3)An application for registration of an adult or young person as a British Overseas citizen under section 27(1) must not be granted unless the Secretary of State is satisfied that the adult or young person is of good character.

(4)An application for registration of an adult or young person as a British subject under section 32 must not be granted unless the Secretary of State is satisfied that the adult or young person is of good character.

(5)In this section, “adult or young person” means a person who has attained the age of 10 years at the time when the application is made.

(2)In section 1 of the Hong Kong (War Wives and Widows) Act 1996 (c. 41) (acquisition of British citizenship), in subsection (1)—

(a)omit “and” immediately before paragraph (b), and

(b)after that paragraph insert ; and

(c)the Secretary of State is satisfied that she is of good character.

(3)In section 1 of the British Nationality (Hong Kong) Act 1997 (c. 20) (acquisition of British citizenship), after subsection (5) insert—

(5A)An adult or young person shall not be registered under subsection (1) unless the Secretary of State is satisfied that the adult or young person is of good character.

(5B)In subsection (5A), “adult or young person” means a person who has attained the age of 10 years at the time when the application for registration is made.

(4)In section 131 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (supply of police information), for paragraph (b) substitute—

(b)determining whether, for the purposes of an application referred to in section 41A of the British Nationality Act 1981, the person for whose registration the application is made is of good character;

(ba)determining whether, for the purposes of an application under section 1 of the Hong Kong (War Wives and Widows) Act 1996, the woman for whose registration the application is made is of good character;

(bb)determining whether, for the purposes of an application under section 1 of the British Nationality (Hong Kong) Act 1997 for the registration of an adult or young person within the meaning of subsection (5A) of that section, the person is of good character;.

(5)In section 40 of the UK Borders Act 2007 (c. 30) (supply of Revenue and Customs information), in subsection (1), for paragraph (h) substitute—

(h)determining whether, for the purposes of an application referred to in section 41A of the British Nationality Act 1981, the person for whose registration the application is made is of good character;

(ha)determining whether, for the purposes of an application under section 1 of the Hong Kong (War Wives and Widows) Act 1996, the woman for whose registration the application is made is of good character;

(hb)determining whether, for the purposes of an application under section 1 of the British Nationality (Hong Kong) Act 1997 for the registration of an adult or young person within the meaning of subsection (5A) of that section, the person is of good character;.

Commencement Information

I7S. 47 in force at 13.1.2010 by S.I. 2009/2731, art. 4(f)

Interpretation etc.U.K.

48Meaning of references to being in breach of immigration lawsU.K.

(1)After section 50 of the British Nationality Act 1981 (c. 61) insert—

50AMeaning of references to being in breach of immigration laws

(1)This section applies for the construction of a reference to being in the United Kingdom “in breach of the immigration laws” in—

(a)section 4(2) or (4);

(b)section 50(5); or

(c)Schedule 1.

(2)It applies only for the purpose of determining on or after the relevant day—

(a)whether a person born on or after the relevant day is a British citizen under section 1(1),

(b)whether, on an application under section 1(3) or 4(2) made on or after the relevant day, a person is entitled to be registered as a British citizen, or

(c)whether, on an application under section 6(1) or (2) made on or after the relevant day, the applicant fulfils the requirements of Schedule 1 for naturalisation as a British citizen under section 6(1) or (2).

(3)But that is subject to section 48(3)(d) and (4) of the Borders, Citizenship and Immigration Act 2009 (saving in relation to section 11 of the Nationality, Immigration and Asylum Act 2002).

(4)A person is in the United Kingdom in breach of the immigration laws if (and only if) the person—

(a)is in the United Kingdom;

(b)does not have the right of abode in the United Kingdom within the meaning of section 2 of the Immigration Act 1971;

(c)does not have leave to enter or remain in the United Kingdom (whether or not the person previously had leave);

(d)does not have a qualifying CTA entitlement;

(e)is not entitled to reside in the United Kingdom by virtue of any provision made under section 2(2) of the European Communities Act 1972 (whether or not the person was previously entitled);

(f)is not entitled to enter and remain in the United Kingdom by virtue of section 8(1) of the Immigration Act 1971 (crew) (whether or not the person was previously entitled); and

(g)does not have the benefit of an exemption under section 8(2) to (4) of that Act (diplomats, soldiers and other special cases) (whether or not the person previously had the benefit of an exemption).

(5)For the purposes of subsection (4)(d), a person has a qualifying CTA entitlement if the person—

(a)is a citizen of the Republic of Ireland,

(b)last arrived in the United Kingdom on a local journey (within the meaning of the Immigration Act 1971) from the Republic of Ireland, and

(c)on that arrival, was a citizen of the Republic of Ireland and was entitled to enter without leave by virtue of section 1(3) of the Immigration Act 1971 (entry from the common travel area).

(6)Section 11(1) of the Immigration Act 1971 (person deemed not to be in the United Kingdom before disembarkation, while in controlled area or while under immigration control) applies for the purposes of this section as it applies for the purposes of that Act.

(7)This section is without prejudice to the generality of—

(a)a reference to being in a place outside the United Kingdom in breach of immigration laws, and

(b)a reference in a provision other than one specified in subsection (1) to being in the United Kingdom in breach of immigration laws.

(8)The relevant day for the purposes of subsection (2) is the day appointed for the commencement of section 48 of the Borders, Citizenship and Immigration Act 2009 (which inserted this section).

(2)Section 11 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (“the 2002 Act”) (unlawful presence in the United Kingdom) ceases to have effect.

(3)Notwithstanding its repeal, section 11 of the 2002 Act is to continue to have effect for the purpose of determining on or after the relevant day—

(a)whether a person born before the relevant day is a British citizen under section 1(1) of the British Nationality Act 1981 (c. 61),

(b)whether, on an application under section 1(3) or 4(2) of that Act made but not determined before the relevant day, a person is entitled to be registered as a British citizen,

(c)whether, on an application under section 6(1) or (2) of that Act made but not determined before the relevant day, the applicant fulfils the requirements of Schedule 1 for naturalisation as a British citizen under section 6(1) or (2) of that Act, or

(d)whether, in relation to an application under section 1(3) or 6(1) or (2) of that Act made on or after the relevant day, a person was in the United Kingdom “in breach of the immigration laws” at a time before 7 November 2002 (the date of commencement of section 11 of the 2002 Act).

(4)Where section 11 of the 2002 Act continues to have effect by virtue of paragraph (d) of subsection (3) for the purpose of determining on or after the relevant day the matter mentioned in that paragraph, section 50A of the British Nationality Act 1981 is not to apply for the purpose of determining that matter.

(5)The relevant day for the purposes of subsection (3) is the day appointed for the commencement of this section.

(6)In paragraph 7(a) of Schedule 3 to the 2002 Act (definition of persons unlawfully in the UK who are ineligible for support), for “section 11” substitute “ section 50A of the British Nationality Act 1981 ”.

Commencement Information

I8S. 48 in force at 13.1.2010 by S.I. 2009/2731, art. 4(g)

49Other interpretation etc.U.K.

(1)In section 50 of the British Nationality Act 1981 (c. 61) (interpretation), after subsection (1), insert—

(1A)Subject to subsection (1B), references in this Act to being a member of the armed forces are references to being—

(a)a member of the regular forces within the meaning of the Armed Forces Act 2006, or

(b)a member of the reserve forces within the meaning of that Act subject to service law by virtue of paragraph (a), (b) or (c) of section 367(2) of that Act.

(1B)A person is not to be regarded as a member of the armed forces by virtue of subsection (1A) if the person is treated as a member of a regular or reserve force by virtue of—

(a)section 369 of the Armed Forces Act 2006, or

(b)section 4(3) of the Visiting Forces (British Commonwealth) Act 1933.

F5(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I9S. 49(1) in force at 13.1.2010 by S.I. 2009/2731, art. 4(h)

Yn ôl i’r brig

Options/Help

Print Options

Close

Mae deddfwriaeth ar gael mewn fersiynau gwahanol:

Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.

Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.

Close

Gweler y wybodaeth ychwanegol ochr yn ochr â’r cynnwys

Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Dewisiadau Agor

Dewisiadau gwahanol i agor deddfwriaeth er mwyn gweld rhagor o gynnwys ar y sgrin ar yr un pryd

Close

Nodiadau Esboniadol

Testun a grëwyd gan yr adran o’r llywodraeth oedd yn gyfrifol am destun y Ddeddf i esbonio beth mae’r Ddeddf yn ceisio ei wneud ac i wneud y Ddeddf yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol. Cyflwynwyd Nodiadau Esboniadol ym 1999 ac maent yn cyd-fynd â phob Deddf Gyhoeddus ac eithrio Deddfau Adfeddiannu, Cronfa Gyfunol, Cyllid a Chyfnerthiad.

Close

Rhagor o Adnoddau

Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • slipiau cywiro
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill
Close

Asesiadau Effaith

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

Llinell Amser Newidiadau

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

Rhagor o Adnoddau

Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • slipiau cywiro

liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys

  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill