PART I
1971 c. 77.
Right to registration replacing right to
resume
citizenship of U.K. and Colonies.
1964 c. 22.
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British Nationality
(b) that if that person had been born before commencement and had become a citizen of the United Kingdom and Colonies by virtue of section 5 of the 1948 Act (citizen- ship by descent) as a result of the registration of his birth at a United Kingdom consulate under paragraph 5 (b) of the proviso to section 5(1) of that Act, he would immediately before commencement have had the right of abode in the United Kingdom by virtue of section 2(1)(b) of the Immigration Act 1971 as then in force (connection with United Kingdom through parent or 10 grandparent).
(2) The requirements referred to in subsection (1)(a) are that the father of the person to whom the application relates—
(a) immediately before commencement or at his death
(whichever was earlier)—
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(i) was a citizen of the United Kingdom and Col- onies by virtue of section 5 of the 1948 Act (citizen- ship by descent) or was a person who, under any provision of the British Nationality Acts 1948 to 1965, was deemed for the purposes of the proviso 20 to section 5(1) of the 1948 Act to be a citizen of the United Kingdom and Colonies by descent only; and
(ii) was married to that person's mother; and (iii) was ordinarily resident in a foreign country (no matter which) within the meaning of the 1948 25 Act; and
(b) either-
(i) became a British citizen at commencement and remained such a citizen throughout the period from commencement to the date of the application or, if 30 he died during that period, throughout the period from commencement to his death; or
(ii) would have become a British citizen at com- mencement but for his death.
9.—(1) Subject to subsection (2), a person shall be entitled, on 35 an application for his registration as a British citizen, to be regi- stered as such a citizen if the Secretary of State is satisfied that immediately before commencement he would (had he applied for it) have been entitled under section 1(1) of the British Nationality Act 1964 (resumption of citizenship) to be registered 40 as a citizen of the United Kingdom and Colonies by virtue of having an appropriate qualifying connection with the United Kingdom or, if a woman, by virtue of having been married before commencement to a person who has, or would if living have, such a connection.
British Nationality
11
(2) A person shall not be entitled to registration under this section on more than one occasion.
(3) For the purposes of this section a person shall be taken to have an appropriate qualifying connection with the United 5 Kingdom if he, his father or his father's father-
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(a) was born in the United Kingdom; or
(b) is or was a person naturalised in the United Kingdom;
or
(c) was registered as a citizen of the United Kingdom and Colonies in the United Kingdom or in a country which at the time was mentioned in section 1(3) of the 1948 Act.
PART I
10. A person who is a United Kingdom national for European Right to Community purposes by virtue of the operation of Article 227 registration
by virtue of 15 (4) of the Treaty of Rome or who has a right of abode in a United
British Dependent Territory to which the provisions of Article Kingdom 227(4) of the Treaty of Rome apply shall be entitled, notwith- nationality for standing the provisions of Part II of this Act, on application, to European
Community be registered as a British citizen.
purpose.
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Acquisition at commencement
11.-(1) Subject to subsection (2), a person who immediately Citizens of before commencement-
U.K. and Colonies
(a) was a citizen of the United Kingdom and Colonies; who are to
and
become British
25
commence-
(b) had the right of abode in the United Kingdom under citizens at
the Immigration Act 1971 as then in force, shall at commencement become a British citizen.
ment.
1971 c. 77.
(2) A person who was registered as a citizen of the United Kingdom and Colonies under section 1 of the British Nationality 1964 c. 54. 30 (No. 2) Act 1964 (stateless persons) on the ground mentioned in subsection (1)(a) of that section (namely that his mother was a citizen of the United Kingdom and Colonies at the time when he was born) shall not become a British citizen under subsection (1) unless-
35
40
45
(a) his mother becomes a British citizen under subsection (1)
or would have done so but for her death; or
(b) immediately before commencement he had the right of abode in the United Kingdom by virtue of section 2(1)(c) of the Immigration Act 1971 as then in force 1971 c. 77. (settlement in United Kingdom, combined with five or more years' ordinary residence there as a citizen of the United Kingdom and Colonies).