TNAG-1082-FCO40-1332-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 42

BRITISH NATIONALITY BILL

HOUSE OF COMMONS COMMITTEE STAGE

NOTE ON NEW CLAUSE

NEW CLAUSE

NEW CLAUSE

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ACQUISITION BY REGISTRATION: CITIZENS OF THE BRITISH DEPENDENT

TERRITORIES ETC.

1. The purpose of the new clause is to enable citizens of the British Dependent Territories, British Overseas citizens, British subjects under the Bill and

British protected persons to be registered as of right as British citizens

after completing five years residence in the United Kingdom, subject to certain

specified absences and to their being free of restrictions on stay at the time

of the application.

2. The new clause would also allow the Secretary of State, if he thinks fit

in the circumstances of a particular case, to register as a British citizen any

citizen of the British Dependent Territories, British Overseas citizen, British

subject under the Bill, or British protected person who has at any time served

in Crown or closely related service under the government of a dependent

territory.

3.

Subsection (1) provides that the new clause is to apply to any person who

is a citizen of the British Dependent Territories, a British Overseas citizen, a

British subject under the Bill and a British protected person.

Subsection (2) sets out the requirements which, if the Secretary of State

was satisfied that they were met, would entitle an applicant to registration.

The requirements would be

(a) that he was in the United Kingdom five years before the date of the

application and has since been absent for not more than 450 days;

(b) that during the year preceding the date of the application he had not

been absent from the United Kingdom for more than 90 days;

(c) that he had been free of restrictions on his stay for the twelve

months preceding his application; and

(d) that he was at no time during the five year period in question present in the United Kingdom in breach of the immigration laws.

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