CONFIDENTIAL
example, the acquisition of their husband's citizenship might mean the loss of their own original one. But others may simply have neglected to apply though they would wish to do so. The Government will therefore
propose in the Bill that for a limited period after the coming into force of the Act a woman married to a man who becomes a British Citizen, and whose marriage still subsists, should be entitled to obtain that citizenship on applying for registration. They will further propose that a woman formerly married to a man who becomes, or would but for his death have become, a British Citizen may be granted citizenship at the discretion of the Secretary of State.
Cessation of Registration Entitlement Under Section 6(1) of the 1948 Act,
as modified by the Immigration Act 1971
77. Since the coming into force of the Immigration Act1971 the grant of citizenship on the grounds of residence has, in general, been at the Secretary of State's discretion, and has been subject to the conditions summarised in paragraph 60.
However, certain Commonwealth citizens who
have been living here for a long time have retained an absolute right to be registered as Citizens of the United Kingdom and Colonies. The people concerned are those who were settled here free of any conditions on their
stay on 1 January 1973 and who have remained ordinarily resident here since
that date. The Pakistan Act 1973, under which citizens of Pakistan became
aliens, preserved for a limited time the right of those who were qualified to apply under this provision; the final date for such applications was 1 September 1979, although the Home Secretary is empowered to accept a later application in the special circumstances of a particular case.
78. The Government consider it inappropriate at a time when for some years the grant of citizenship has been at discretion to continue this entitlement
as a permanent feature of the nationality law. Many of those who possess it have done so for a long time, and no Commonwealth citizen can have
acquired the entitlement later than the end of 1977. There has therefore
been ample time for those who wish to take up the entitlement to do so. However, the Government will include in the Bill a provision enabling people
with this entitlement to continue to exercise it, and become British Citizens.
for 2 years after the new legislation comes into force; but after then it will
cease to exist. They will not provide for the continuance of the discretion
to accept late applications under the Pakistan Act.
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