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BRITISH NATIONALITY/ CITIZENSHIP (Person born :flag-gb: in the UK =…
BRITISH NATIONALITY/ CITIZENSHIP
Person born :flag-gb:
in the UK
= British citizen??
Before 1.1.83
: automatically a B.C.
On or after 1.1.83
(i.e. when BNA 1981 came into operation) - British if one or both parent = settled in UK at time of child's birth (i.e. person who has been admitted to the UK without any time limit on his or her stay and who is free to take up employment or study, without restriction - person with ILR or permanent residence).
What is the (legal) meaning of '
parent
' in this context?
Mother
:woman::skin-tone-5: = parent
Father
:man::skin-tone-4: = parent (whether or not the parents were
married
at time of child's birth)
NB before 1.7.06 father would only be a 'parent' if
married
:bride_with_veil::skin-tone-4: :wedding: :ring: to child's mother at time of child's birth. (See chapter handout for notes on these provisions.)
On or after 1.1.83
and neither parent British or settled - not an automatic British citizen - but if parent(s) later become(s) British or settled - if still under 18 can apply to be registered as a BC
NB - where person acquires British Citizenship by:
birth
naturalisation
registration
they are termed 'British citizen
otherwise
than by descent
NATURALISATION AS SPOUSE
:wedding:
British Nationality Act 1981 - s.6 (2) & Schedule 1 para 3
Requirements:
Person must
be aged 18 or over
not be of unsound mind
be of good character (all convictions:oncoming_police_car: spent)
have sufficient knowledge of English :flag-gb: (or Welsh or Scottish Gaelic)
have sufficient knowledge of life in the UK :ledger: :guardsman::skin-tone-3:
be husband/wife/civil partner of a BC on date the application is received
meet the :house: residential requirements (see below :arrow_down:)
Person born :earth_asia:
outside
the UK - British citizen?
Could be.... if.....
Before 1.1.83
and :man::skin-tone-4:
father
was born in UK/registered or naturalised as a BC in UK before child's birth.
On or after 1.1.83
and :man::skin-tone-4: :woman::skin-tone-5:
either parent
was born/adopted in UK/registered/naturalised as a BC before child's birth
NB - where person acquires British Citizenship in this way they are termed '
British citizen by descent
'
British citizen by descent cannot automatically pass BC on to their child :baby::skin-tone-4: who is born abroad.
NATURALISATION AS NON SPOUSE
British Nationality Act 1981 - s.6 (1) & Schedule 1 para 1
Requirements:
Person must
be aged 18 or over
not be of unsound mind
be of good character (all convictions:oncoming_police_car: spent)
have sufficient knowledge of English:flag-gb: (or Welsh or Scottish Gaelic)
have sufficient knowledge of life in the UK :ledger: :guardsman::skin-tone-3:
meet the :house: residential requirements (see below :arrow_down:)
NATURALISATION
RESIDENTIAL REQUIREMENTS
BNA SCHED 1
:memo:
:memo:
SPOUSE
(Para 3)
Present in UK :three: years (to the day) :calendar: before date of application - e.g. application made on 1 November 2019: must have been in UK on 1 November 2016
Not absent from UK for more than 270 days in past 3 years :earth_africa:
Not absent from UK for more than 90 days in past 12 months :beach_with_umbrella:
On date of application not subject to restriction on time allowed to remain in UK (i.e. must have ILR on date of application)
Not in breach in immigration laws in past 3 years
NON SPOUSE
(Para 1)
Intend principal home :house_with_garden: is in UK
Present in UK :five: years (to the day) :calendar: before date of application - e.g. application made on 1 November 2019: must have been in UK on 1 November 2014
Not absent from UK for more than 450 days in past 5 years :earth_africa:
Not absent from UK for more than 90 days in past 12 months :beach_with_umbrella:
In past 12 months, not subject to restriction on time allowed to remain in UK (i.e. must have had ILR for past 12 months)
Not in breach in immigration laws in past 5 years
NATURALISATION
:scroll:
SSHD has discretion to grant BC by naturalisation. Requirements differ depending on whether a person is applying in his or her own right or as a spouse