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Foreign and Commonwealth Offed

London SWIA ZAH

12 April 1984

SUVELHUIS QI Dependent Territories

urs

BRITISH NATIONALITY ACT 1981: REGISTRATION UNDER SECTION 4(5)

Section 4 of the British Nationality Act 1981 provides a preferential route to British citizenship for British Dependent Territories citizens as well as other categories of British national.

2. Section 4(2) provides an entitlement to registration as a British citizen for any British Dependent Territories citizen who meets specified residential requirements in the United Kingdom. Your staff are unlikely to be involved in the operation of this part of section 4.

You may however receive applications under section 4(5) which provides a route to British cl.izenship for British Dependent Territories citizens who are, or have been, in Crown service under the government of a dependent territory, or a member (paid or unpaid) of any body established by law in a dependent territory members of which are appointed by or on behalf of the Crown. For example, service with executive and legislative councils and assemblies, and statutory bodies such as education and trade advisory boards could qualify.

Section 4(5) is a discretionary provision and the Home Secretary, who is the registration authority concerned, is expected to exercise his discretion sparingly. The discretion would be used in two ways:

Lu euaule applicants who had come to live in the United Kingdom to be registered before completing five years' residence;

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to enable applicants who bad rendered particularly deserving service to be granted British citizenship without insisting on previous United Kingdom residence.

The Home Secretary will consider the special circumstances of the applicant's case, taking into account the nature and quality of the service rendered to the Crown by the person concerned. Personal connections with the United Kingdom will also be a factor and we

22 MAY 1984

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