Part II U.K.[F1 British overseas territories citizenship]

Textual Amendments

F1 Pt. II heading substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(a)

Modifications etc. (not altering text)

C1 Pt. II (ss. 15–25) excluded by S.I. 1983/882, art. 2(3)

Acquisition after commencement: special cases U.K.

22 Right to registration replacing right to resume citizenship of U.K. and Colonies. U.K.

(1) Subject to subsection (3), a person shall be entitled, on an application for his registration as a [F2 British overseas territories citizen], to be registered as such a citizen if immediately before commencement he would (had he applied for it) have been entitled under section 1(1) of the M1 British Nationality Act 1964 (resumption of citizenship) to be registered as a citizen of the United Kingdom and Colonies by virtue of having an appropriate qualifying connection with a [F3 British overseas territory] or F4 . . . by virtue of having been married before commencement to a person who has, or would if living have, such a connection.

(2) On an application for his registration as a [F2 British overseas territories citizen] made by a person of full capacity who had before commencement ceased to be a citizen of the United Kingdom and Colonies as a result of a declaration of renunciation, the Secretary of State may, if he thinks fit, cause that person to be registered as a [F2 British overseas territories citizen] if that person—

(a) has an appropriate qualifying connection with a [F3 British overseas territory]; or

(b) F4 . . . has been married to [F5 , or has been the civil partner of,] a person who has, or would if living have, such a connection.

(3) A person shall not be entitled to registration under subsection (1) on more than one occasion.

(4) For the purposes of this section a person shall be taken to have an appropriate qualifying connection with a [F3 British overseas territory] if he, his father or his father’s father—

(a) was born in that territory; or

(b) is or was a person naturalised in that territory; or

(c) was registered as a citizen of the United Kingdom and Colonies in that territory; or

(d) became a British subject by reason of the annexation of any territory included in that territory.

[F6 (5) This section is subject to sections 31, 33 and 36 of the Illegal Migration Act 2023 (restriction of eligibility for citizenship etc).]

Textual Amendments

F2 Words in s. 22 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(b)

F3 Words in s. 22 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 1(1)(b)

F4 Words in s. 22(1)(2) repealed (1.4.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 5(b), 161, 162, Sch. 9 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1 (with arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, art. 2 and S.I. 2003/1339, art. 4))

F5 Words in s. 22(2)(b) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 77; S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5))

F6 S. 22(5) inserted (20.7.2023) by Illegal Migration Act 2023 (c. 37), ss. 37(11), 68(3)(a) (with s. 55(9))

Modifications etc. (not altering text)

C2 S. 22(1)(2) restricted (4.12.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 58, 62; S.I. 2006/2838, art. 4(1) (subject to art. 4(2))

C3 S. 22(1) restricted (20.7.2023) by Illegal Migration Act 2023 (c. 37), ss. 33(1)(b), 68(3)(a) (with s. 55(9))

C4 S. 22(2) restricted (20.7.2023) by Illegal Migration Act 2023 (c. 37), ss. 33(2)(a)(ii), 68(3)(a) (with s. 55(9))

Marginal Citations

M1 1964 c. 22.