Draft Regulations laid before Parliament under section 5(7) of the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020, for approval by resolution of each House of Parliament.
2021 No.
The British Nationality Act 1981 (Immigration Rules Appendix EU) (Amendment) Regulations 2021
Made
Coming into force
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 5(1), (2)(a) and (3)(b) and 8(5) of the Immigration and Social Security Co-ordination (EU Withdrawal) Act 20201.
Citation, commencement and extent1
1
These Regulations may be cited as the British Nationality Act 1981 (Immigration Rules Appendix EU) (Amendment) Regulations 2021 and come into force on 1st July 2021.
2
These Regulations extend to—
a
England and Wales,
b
Scotland,
c
Northern Ireland,
d
the Channel Islands,
e
the Isle of Man, and
f
the British overseas territories.
Amendment of the British Nationality Act 19812
1
The British Nationality Act 19812 is amended as follows.
2
In section 1 (acquisition by birth or adoption), in subsections (3), (3A) and (4), after “(1), (1A) or (2)” insert “or section 10A”.
3
After section 10 (registration following renunciation of citizenship of UK and Colonies) insert—
Acquisition in connection with immigration rules Appendix EU10A
1
This section applies to a person born in the United Kingdom3 on or after 1stJuly 2021 who is not a British citizen on the relevant date by virtue of any other provision of this Act.
2
A person to whom this section applies (“C”) is a British citizen as from the relevant date if conditions 1 to 3 are satisfied in the case of either C’s father or mother (“P”).
3
Condition 1 is that, on or after 1st July 2021, P is granted—
a
UK related indefinite leave under paragraph EU2 of Appendix EU to the UK immigration rules4;
b
Isle of Man related indefinite leave under paragraph EU2 of Appendix EU to the Isle of Man immigration rules5,
and the date of grant of such leave is referred to in this section as “the relevant date”.
4
Condition 2 is that—
a
P is granted the leave described in subsection (3)(a) or (b) pursuant to an application made before 1st July 2021, or
b
immediately before 1st July 2021, P would have met the eligibility requirements for—
i
UK related indefinite leave within paragraph EU11 or EU12 of Appendix EU to the UK immigration rules, or
ii
Isle of Man related indefinite leave within paragraph EU11 or EU12 of Appendix EU to the Isle of Man immigration rules,
if an application had been made at that time.
5
Condition 3 is that P is ordinarily resident in the United Kingdom on the relevant date.
6
In determining whether subsection (4)(b) applies, it is to be assumed that P was not entitled to any exemption under section 8 of the Immigration Act 19716 immediately before 1st July 2021.
7
Any subsequent change to the immigration status of P does not affect the status of C as a British citizen.
8
In this section—
“Isle of Man immigration rules” means the rules laid down under section 3(2) of the Immigration Act 19717 as that section extends to the Isle of Man8;
“Isle of Man related indefinite leave” means indefinite leave as defined in section 33(1) of the Immigration Act 1971 as that section extends to the Isle of Man9;
“the relevant date” has the meaning given in subsection (3);
“UK immigration rules” means the rules laid down under section 3(2) of the Immigration Act 1971;
“UK related indefinite leave” means indefinite leave as defined in section 33(1) of the Immigration Act 1971.
(This note is not part of the Regulations)