PART V
Amendment
of Immigration Act 1971.
1971 c. 77.
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British Nationality
39.—(1) The Immigration Act 1971 shall be amended in accordance with the following provisions of this section.
(2) For section 2 (statement of right of abode) there shall be substituted-
"Statement 2.-(1) A person is under this Act to have the 5 of right of abode
right of abode in the United Kingdom if—
in United
Kingdom.
(a) he is a British citizen; or
(b) he is a Commonwealth citizen who-
(i) immediately before the commence- ment of the British Nationality Act 1981 10 was a Commonwealth citizen having the right of abode in the United Kingdom by virtue of section 2(1)(d) or section 2(2) of this Act as then in force; and
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British Nationality
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(ii) had the right of abode in the United King- dom by virtue of section 2(2) of this Act, as then in force, apart from any reference therein to section 2(1)(c) or (d) as then in force.
(9A) A person is within subsection (9) above if—
(a) he is not a British citizen; or
(b) he claims to be a British citizen by virtue of section 11(1) of the British Nationality Act 1981 on the ground that immediately before the commence- ment of that Act he had the right of abode in the United Kingdom by virtue of section 2(1)(c) or section 2(2) of this Act, as then in force.".
(4) In section 8 (exceptions for special cases), after subsection
(ii) has not ceased to be a Common- 15.15 (5) there shall be inserted— wealth citizen in the meanwhile.
(2) In relation to Commonwealth citizens who have the right of abode in the United Kingdom by virtue of subsection (1)(b) above, this Act, except this section and sections 3(9) and (9A), 5(2) and 20 13(3), shall apply as if they were British citizens; and in this Act (except as aforesaid) British citizen shall be construed accordingly. ". (3) For section 3(9) (certificates of patriality) there shall be substituted-
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C
“(9) A person within this subsection seeking to enter the United Kingdom and claiming to have the right of abode there shall prove that he has that right by means of such certificate of entitlement as may be specified in the immigration rules, unless—
30 (a) he claims to be a British citizen and produces (or is present when there is produced) a United King- dom passport describing him as such a citizen or a United Kingdom passport describing him as a citizen of the United Kingdom and Colonies hav- ing the right of abode in the United Kingdom;
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(b) in the case of a woman falling within subsection (9A)(b) below who claims to be a British citizen as there mentioned by virtue of section 2(2) of this 40 Act as in force immediately before the commence- ment of the British Nationality Act 1981, she shows that immediately before that commence- ment she
(i) was a citizen of the United Kingdom and 45
Colonies; and
(5A) An order under subsection (2) above may, as re- gards any person or class of persons to whom it applies, provide for that person or class to be in specified circum- stances regarded (notwithstanding the order) as settled in the United Kingdom for the purposes of section 1(1) of the British Nationality Act 1981.".
(5) For so much of section 13(3) as precedes the words "and a person (restriction of right of appeal against decision that leave to enter the United Kingdom is required) there shall be sub- 25 stituted-
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(3) A person within section 3(9) above who does not hold a certificate of entitlement shall not be entitled to appeal on the ground that he has the right of abode in the United Kingdom against a decision that he requires leave to enter the United Kingdom unless—
(a) he claims to be a British citizen and produces (or is present when there is produced) a United King- dom passport describing him as such a citizen or a United Kingdom passport describing him as a citizen of the United Kingdom and Colonies having the right of abode in the United Kingdom; or (b) in the case of such a woman as is mentioned in paragraph (b) of section 3(9) above, she shows that immediately before the commencement of the British Nationality Act 1981 she satisfied the con- ditions specified in sub-paragraphs (i) and (ii) of that paragraph;".
(6) Schedule 4 (which contains further amendments of the Immigration Act 1971) shall have effect.
PART V
1971 c. 77.