Part II

British overseas territories citizenship

Acquisition after commencement

Person unable to become citizen automatically after commencement
17D
1
A person (“
P
”) is entitled to be registered as a British overseas territories citizen on an application made under this section if—
a
P meets the general conditions;
b
at any time in the period after commencement, P would have automatically become a British Dependent Territories citizen or a British overseas territories citizen at birth by the operation of—
i
section 15(1),
ii
section 16, or
iii
paragraph 1 of Schedule 2,
had P’s mother been married to P’s natural father at the time of P’s birth; and
c
in a case where P would have become a British Dependent Territories citizen as mentioned in paragraph (b), P would then have automatically become a British overseas territories citizen by the operation of section 2 of the British Overseas Territories Act 2002.
2
A person who is registered as a British overseas territories citizen under this section is a British overseas territories citizen by descent if the citizenship which the person would have acquired at birth (as mentioned in subsection (1)(b)) would (by virtue of section 25) have been citizenship by descent.
3
If P is under the age of 18, no application may be made unless the consent of P’s natural father and mother to the registration has been signified in the prescribed manner.
4
But if P’s natural father or mother has died on or before the date of the application, the reference in subsection (3) to P’s natural 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 any or all of the consents required by subsection (3) (as read with subsection (4)) to be given.
6
The reference in this section to the period after commencement does not include the time of commencement (and, accordingly, this section does not apply to any case in which a person was unable to become a British Dependent Territories citizen at commencement).
Pt. II heading substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(a)
Pt. II (ss. 15–25) excluded by S.I. 1983/882, art. 2(3)
Ss. 17B-17G inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 2(2), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 2