The British Nationality (General) (Amendment No. 3) Regulations 2015

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the British Nationality (General) Regulations 2003 (S.I. 2003/548) (“the 2003 Regulations”), which detail the procedures and requirements relating to applications in connection with British nationality made under the British Nationality Act 1981 (c. 61) (“the 1981 Act”).

Regulation 4 amends regulation 4 of the 2003 Regulations to require an applicant for registration or naturalisation who is in Hong Kong to make their application to the Secretary of State at the Home Office. Similarly, regulation 5 amends regulation 9 of the 2003 Regulations so that a person making a declaration of renunciation who is in Hong Kong must do so to the Secretary of State at the Home Office.

Regulations 6 and 8 concern the requirement under Schedule 1 to the 1981 Act for a person applying for naturalisation as a British citizen under section 6 of that Act to have sufficient knowledge of the English, Welsh or Scottish Gaelic language. Under regulation 5A of the 2003 Regulations, applicants can demonstrate sufficient knowledge of the English language by possessing a qualification or passing a test specified in Schedule 2A to the 2003 Regulations. Paragraph 1 of Schedule 2A is amended to remove the qualifications specified in sub-paragraphs (a) and (b) and various consequential amendments are made to regulation 5A(1)(a) of, and Schedule 2A to, the 2003 Regulations.

Regulation 7 amends paragraphs 7, 13 and 14 of Schedule 2 to the 2003 Regulations, which set out particular requirements as respects applications under sections 4(2) and 6(1) and (2) of the 1981 Act, respectively. Pursuant to the amended paragraphs, applicants relying upon an EU right of permanent residence in the United Kingdom in order to meet the relevant statutory requirement in the 1981 Act must provide with their application a valid permanent residence card or document certifying permanent residence or a residence permit or residence document issued under the Immigration (European Economic Area) Regulations 2000 which is endorsed under the immigration rules to show permission to remain in the United Kingdom.

An impact assessment has not been produced for this instrument as limited impact on the private or voluntary sector is foreseen.