4
c. 61
PART I
British Nationality Act 1981
(ii) the number of days on which the parent in question was absent from the United Kingdom/in that period does not exceed 270.
(4) If in the special circumstances of any particular gase the Secretary of State thinks fit, he may treat subsection (2) as if the reference to twelve months were a reference to six years.
(5) A person born outside the United Kingdom shall be entitled, on an application for his registration as á British citizen made while he is a minor, to be registered as/such a citizen if the following requirements are satisfied, namely--
(a) that at the time of that person's birth his father or
mother was a British citizen by descent; and
(b) subject to subsection (6), that that person and his father and mother were in the United Kingdom at the begin- ning of the period of three years ending with the date of the application and that, in the case of each of them, the number of days on which the person in question was absent from the United Kingdom in that period does not exceed 270 Xand
(c) subject to subsection (6), that the consent of his father and mother to the registration has been signified in the prescribed manner.
(6) In the case of an application under subsection (5) for the registration of a person as a British citizen--
(a) if his father or mother died, or their marriage was terminated, on or before the date of the application, or his father and mother were legally separated on that date, the references to his father and mother in para- graph (b) of that subsection shall be read either as ref- erences to his father or as references to his mother; (b) if his father or mother died on or before that date, the reference to his father and mother in paragraph (c) of that subsection shall be read as a reference to either of them; and
(c) if he was born illegitimate, all those references shall be
read as references to his mother.
Acquisition
4.--(1) This section applies to any person who is a British by registration: Dependent Territories citizen, a British Overseas citizen, a Brit-
ish subject under this Act or a British protected person.
British
Dependent
Territories
citizens etc.
(2) A person to whom this section applies shall be entitled, on an application for his registration as a British citizen, to be
British Nationality Act 1981
C61
registered as such a citizen if the following requirements are satis- fied in the case of that person, namely——
(a) subject to subsection (3), that he was in theed King- dom at the beginning of the period of five years ending with the date of the application and that the number of days on which he was absent from the United Kingdom in that period does not exceed 450; and
(b) that the number of days on which he was absent from the United Kingdom in the period of twelve months so ending does not exceed 90; and
(c) that he was not at any time in the period of twelve months so ending subject under the immigration laws to any restriction on the period for which he might remain in the United Kingdom; and
(d) that he was not at any time in the period of five years so ending in the United Kingdom in breach of the immigration laws.
(3) So much of subsection (2)(a) as requires the person in ques- tion to have been in the United Kingdom at the beginning of the period there mentioned shall not apply in relation to a person who was settled in the United Kingdom immediately before commencement.
(4) If in the special circumstances of any particular case the Secretary of State thinks fit, he may for the purposes of sub- section (2) do all or any of the following things, namely
(a) treat the person to whom the application relates as ful- filling the requirement specified in subsection (2)(a) or subsection (2)(b), or both, although the number of days on which he was absent from the United Kingdom in the period there mentioned exceeds the number there mentioned;
(b) disregard any such restriction as is mentioned in sub- section (2)(c), not being a restriction to which that person was subject on the date of the application;
(c) treat that person as fulfilling the requirement specified in subsection (2)(d) although he was in the United King- dom in breach of the immigration laws in the period there mentioned.
(5) If, on an application for registration as a British citizen made by a person to whom this section applies, the Secretary of State is satisfied that the applicant has at any time served in service to which this subsection applies, he may, if he thinks fit in the special circumstances of the applicant's case, cause him to be registered as such a citizen.
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