TNAG-1080-FCO40-1330-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 168

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

PART I

1971 c. 77.

Right to registration by virtue of marriage.

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British Nationality

(2) A person shall be entitled, on an application for his registration as a British citizen made (subject to subsection (3)) within six years after commencement, to be registered as such a citizen if he satisfies the Secretary of State that be---

(a) was ordinarily resident in the United Kingdom through- 5

out a period ending at commencement but not amount- ing to five years; and

(b) throughout the period from commencement to the date

of the application-

(i) remained ordinarily resident in the United 10 Kingdom; and

(ii) had the right of abode in the United Kingdom under the Immigration Act 1971; and

(c) had on the date of the application been ordinarily resident

in the United Kingdom for the last five years or more.

(3) If in the special circumstances of any particular case the Secretary of State thinks fit, he may treat subsection (2) as if the reference to six years after commencement were a reference to eight years after commencement.

6.—(1) A woman who immediately before commencement was the wife of a citizen of the United Kingdom and Colonies shall be entitled, on an application for her registration as a British citizen made within two years after commencement, to be registered as a British citizen if--

British Nationality

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PART I

(b) that man became a British citizen at commencement

or would have done so but for his death.

7.—(1) Subject to subsection (2), a person who immediately Right to before commencement was a citizen of the United Kingdom and registration 5 Colonies shall be entitled, on an application for his registration by virtue of

as a British citizen made (subject to subsection (5)) within six years after commencement, to be registered as a British citizen if he satisfies the Secretary of State that he-

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(a) immediately before commencement she would (if she 25

had applied for it) have been entitled under section 6(2) of the 1948 Act to be registered as a citizen of the United Kingdom and Colonies by virtue of her mar- riage to the man who was then her husband; and

(b) that man became a British citizen at commencement 30

and did not at any time in the period from commence- ment to the date of the application under this subsec- tion cease to be such a citizen as a result of a declara- tion of renunciation; and

(c) she remained married to him throughout that period. 35 (2) On an application for her registration as a British citizen made within two years after commencement, the Secretary of State may, if he thinks fit, cause a woman to be registered as such a citizen if-

(a) immediately before commencement she would (if she 40

had applied for it) have been entitled under section 6(2) of the 1948 Act to be registered as a citizen of the United Kingdom and Colonies by virtue of having been married to a man to whom she is no longer married on the date of the application under this subsection; 45 and

(a) was settled in the United Kingdom throughout the period from commencement to the date of the applica- tion; and

(b) was ordinarily resident in the United Kingdom through- out a period ending at commencement but not amount- ing to five years; and

(c) had on the date of the application been ordinarily resi- dent in the United Kingdom for the last five years or

more.

(2) Subsection (1) shall not apply to a person if, having at commencement become a citizen of the British Dependent Ter- 20 ritories or a British Overseas citizen, he has at any time ceased to be such a citizen as a result of a declaration of renunciation.

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(3) A person who immediately before commencement was-

(a) a British subject by virtue of section 2 of the 1948 Act (continuance of certain citizens of Eire as British sub- jects); or

(b) a British subject without citizenship by virtue of section

13 or 16 of the 1948 Act; or

settlement in U.K.

(c) a British subject by virtue of section 1 of the British 1965 c. 34.

Nationality Act 1965 (registration of alien women who

have been married to British subjects of certain des- criptions),

shall be entitled, on an application for his registration as a British citizen made (subject to subsection (5)) within six years after commencement, to be registered as such a citizen if he satisfies 35 the Secretary of State that he-

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(i) was settled in the United Kingdom throughout the period from commencement to the date of the applica- tion; and

(ii) was a British subject under this Act on the date of the application and had on that date been ordinarily resi- dent in the United Kingdom for the last five years or

more.

(4) A person who immediately before commencement was a British protected person shall be entitled, on an application for

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