SCHEDULES

SCHEDULE 1Waiver of requirement of presence in UK etc

I1I22Amendments to the British Nationality Act 1981

1

Section 4 (acquisition by registration: British overseas territories citizens etc) is amended as follows.

2

In subsection (4)—

a

before paragraph (a) insert—

za

treat the person to whom the application relates as fulfilling the first requirement specified in subsection (2)(a) although the person was not in the United Kingdom at the beginning of the period there mentioned;

b

in paragraph (a), for “requirement specified in subsection (2)(a) or” substitute “second requirement specified in subsection (2)(a) or the requirement specified in”.

3

After subsection (4) insert—

4A

Subsection (4B) applies where, on an application for registration as a British citizen made by a person to whom this section applies, the applicant has indefinite leave to enter or remain in the United Kingdom.

4B

The Secretary of State may for the purposes of subsection (2) treat the applicant as fulfilling the requirement specified in subsection (2)(d), without enquiring into whether or not the applicant was in the United Kingdom in breach of the immigration laws in the period there mentioned.

4C

The reference in subsection (4A) to having indefinite leave to enter or remain is to be construed in accordance with the Immigration Act 1971.