4.
WHY NOT REGISTER ALL FORMER SERVICEMEN UNDER S.4(5) OF THE BNA 1981
Not possible.
S.4(5) can apply only to persons who have been in Crown Service
under the Government of a dependent territory. Most of the former servicemen
in question were in regular British Forces units, and were therefore in Crown
Service under the Government of the UK. These are not eligible for registration
under S.4(5), and there is no other provision available.
5.
GRANT OF BRITISH CITIZENSHIP TO THOSE FORMER SERVICEMEN WHO WOULD
OTHERWISE BE STATELESS
It would be possible to make provision under the Order to confer British
citizenship rather than British Overseas citizenship on former servicemen who
would lose BDTC on 1 July 1997 if they would otherwise be stateless, while
retaining British Overseas citizenship status for the rest. But there are
two major difficulties:
a) it would mean making significantly different arrangements for
these servicemen on the basis of their citizenship and not of their
service.
British Overseas citizenship-does not give a right to
settle in this country: our arrangements will.
b)
it would have to apply equally to otherwise stateless
civilians who had been in Crown Service. The British Nationality
Acts have never distinguished between military and civilian
Crown Service, and it would be invidious to seek to do so in this
context.
6.
HOW CAN THOSE SETTLED HERE ACQUIRE BRITISH CITIZENSHIP?
Those who are BDTCs or other British nationals will be entitled to registration
as British citizens after 5 years residence here.
Those who are not British nationals may apply for naturalisation after 5 years
residence (or 3 years if they are married to a British citizen).
Like anyone
else, they would have to meet the requirements of the British Nationality
Act 1981.
D3.2
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