3(1)Schedule 1 (requirements for naturalisation) is amended as follows.
(2)In paragraph 2 (naturalisation as a British citizen under section 6(1): waiver of requirements in special circumstances)—
(a)in sub-paragraph (1), before paragraph (a) insert—
“(za)treat the applicant as fulfilling the first requirement specified in paragraph 1(2)(a) although the applicant was not in the United Kingdom at the beginning of the period there mentioned;”;
(b)in that sub-paragraph, in paragraph (a), for “requirement specified in paragraph 1(2)(a) or” substitute “second requirement specified in paragraph 1(2)(a) or the requirement specified in”;
(c)after that sub-paragraph insert—
“(1A)Sub-paragraph (1B) applies where the applicant has indefinite leave to enter or remain in the United Kingdom.
(1B)The Secretary of State may for the purposes of paragraph 1 treat the applicant as fulfilling the requirement specified in paragraph 1(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.
(1C)The reference in sub-paragraph (1A) to having indefinite leave to enter or remain is to be construed in accordance with the Immigration Act 1971.”;
(d)omit sub-paragraphs (2) and (3).
(3)In paragraph 4, in paragraph (a)—
(a)for “the reference” substitute “the references”;
(b)for “a reference” substitute “references”.
(4)In paragraph 6 (naturalisation as a British overseas territories citizen under section 18(1): waiver of requirements in special circumstances)—
(a)the existing text becomes sub-paragraph (1);
(b)before paragraph (a) of that sub-paragraph insert—
“(za)treat the applicant as fulfilling the first requirement specified in paragraph 5(2)(a) although the applicant was not in the relevant territory at the beginning of the period there mentioned;”;
(c)in paragraph (a) of that sub-paragraph, for “requirement specified in paragraph 5(2)(a) or” substitute “second requirement specified in paragraph 5(2)(a) or the requirement specified in”;
(d)after that sub-paragraph insert—
“(2)Sub-paragraph (3) applies where the applicant has indefinite leave to enter or remain in the relevant territory.
(3)The Secretary of State may for the purposes of paragraph 5 treat the applicant as fulfilling the requirement specified in paragraph 5(2)(d), without enquiring into whether or not the applicant was in the relevant territory in breach of the immigration laws in the period there mentioned.
(4)The reference in sub-paragraph (2) to having indefinite leave to enter or remain is to be construed as a reference to any status formally granted under the immigration laws in force in the relevant territory which is broadly equivalent to the status of having indefinite leave to enter or remain under the Immigration Act 1971.”
(5)In paragraph 8, in paragraph (a)—
(a)for “the reference” substitute “the references”;
(b)for “a reference” substitute “references”.
Commencement Information
I1Sch. 1 para. 3 not in force at Royal Assent, see s. 87(1)
I2Sch. 1 para. 3(1)-(3)(4)(a)-(c)(5) in force at 28.6.2022 by S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 8 (with Sch. 2 para. 3)