DSR 11 (Revised)

DRAFT:

FROM:

minute/letter/teleletter/despatch/note

CJ Howells

DEPARTMENT:

NTD

TEL. NO:

TYPE: Draft/Final 1+

Reference

GNN 340/1(13)

Officers administering Governments

Your Reference

SECURITY CLASSIFICATION

TO:

Top Secret

Secret

Confidential

Restricted

of Dependent Territories

Copies to:

Mr P Preston MOD

Unclassified

PRIVACY MARKING

SUBJECT:

1.

.In Confidence

CAVEAT..

Enclosures-flag(s)...........

BRITISH NATIONALITY ACT 1981

After the British Nationality Act 1981 comes into operation British Dependent Territories citizenship will be acquired under the law by a person born in a dependent territory to a mother or father who is a

British Dependent Territories citizen or, if not such a citizen, 'settled' in a dependent territory. The interpretation section of the Act defines references to 'settled' in the Act as meaning 'references to a person being ordinarily resident in a dependent territory without being subject under the immigration laws of that dependent territory to any restriction on the period for which he/she may remain'.

2.

Such a

In this connection it should be noted that for a child to benefit under the provision the parent in question does not have to be 'settled' in the same dependent territory as that in which the child is born. set of circumstances is unlikely to occur in practice but the law makes provision for that concept as well as

for the parent to be 'settled' and the child to be born in one and the same territory. Is it possible for a person, who under the new nationality law will not be a British Dependent Territories citizen, to be regarded as 'settled' in your territory if he/she is not physically resident there?

3. If there is any doubt about the interpretation of the term when applied to local immigration law would you

/please

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