Borders, Citizenship and Immigration Act 2009

39 Application requirements: general

(1) In paragraph 1 of Schedule 1 to the British Nationality Act 1981 (c. 61) (requirements for naturalisation as a British citizen under section 6(1) of that Act), in sub-paragraph (1)(a), omit “, or the alternative requirement specified in sub-paragraph (3) of this paragraph”.

(2) For sub-paragraph (2) of that paragraph substitute—

“(2) The requirements referred to in sub-paragraph (1)(a) of this paragraph are—

(a) that the applicant (“A”) was in the United Kingdom at the beginning of the qualifying period;

(b) that the number of days on which A was absent from the United Kingdom in each year of the qualifying period does not exceed 90;

(c) that A had a qualifying immigration status for the whole of the qualifying period;

(d) that on the date of the application A has probationary citizenship leave, permanent residence leave, a qualifying CTA entitlement, a Commonwealth right of abode or a permanent EEA entitlement;

(e) that, where on the date of the application A has probationary citizenship leave granted for the purpose of taking employment in the United Kingdom, A has been in continuous employment since the date of the grant of that leave; and

(f) that A was not at any time in the qualifying period in the United Kingdom in breach of the immigration laws.”

(3) Omit sub-paragraph (3) of that paragraph.

(4) In paragraph 2 of that Schedule (which becomes sub-paragraph (1) of that paragraph) (discretion of Secretary of State on applications for naturalisation under section 6(1)), for paragraph (a) substitute—

“(a) treat the applicant as fulfilling the requirement specified in paragraph 1(2)(b) although the number of days on which the applicant was absent from the United Kingdom in a year of the qualifying period exceeds 90;”.

(5) After paragraph (b) of sub-paragraph (1) of that paragraph, insert—

“(ba) treat the applicant as fulfilling the requirement specified in paragraph 1(2)(c) where the applicant has had a qualifying immigration status for only part of the qualifying period;

(bb) treat the applicant as fulfilling the requirement specified in paragraph 1(2)(d) where the applicant has had probationary citizenship leave but it expired in the qualifying period;”.

(6) Omit paragraph (c) of that sub-paragraph.

(7) Before paragraph (d) of that sub-paragraph, insert—

“(ca) treat the applicant as fulfilling the requirement specified in paragraph 1(2)(e) although the applicant has not been in continuous employment since the date of the grant mentioned there;”.

(8) In paragraph (d) of that sub-paragraph—

(a) for “1(2)(d)” substitute “1(2)(f)”, and

(b) for “period there mentioned” substitute “qualifying period”.

(9) After that sub-paragraph insert—

“(2) If in the special circumstances of a particular case that is an armed forces case or an exceptional Crown service case the Secretary of State thinks fit, the Secretary of State may for the purposes of paragraph 1 waive the need to fulfil all or any of the requirements specified in paragraph 1(2).

(3) An armed forces case is a case where, on the date of the application, the applicant is or has been a member of the armed forces.

(4) An exceptional Crown service case is a case where—

(a) the applicant is, on the date of the application, serving outside the United Kingdom in Crown service under the government of the United Kingdom; and

(b) the Secretary of State considers the applicant’s performance in the service to be exceptional.”

(10) After sub-paragraph (4) (inserted by subsection (9) above) insert—

“(5) In paragraph 1(2)(e) and sub-paragraph (1)(ca) of this paragraph, “employment” includes self-employment.”

(11) After paragraph 2 insert—

“2A(1) A person has a qualifying immigration status for the purposes of paragraph 1(2) if the person has—

(a) qualifying temporary residence leave;

(b) probationary citizenship leave;

(c) permanent residence leave;

(d) a qualifying CTA entitlement;

(e) a Commonwealth right of abode; or

(f) a temporary or permanent EEA entitlement.

(2) A person who is required for those purposes to have a qualifying immigration status for the whole of the qualifying period need not have the same qualifying immigration status for the whole of that period.”