TNAG-1085-FCO40-1335-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 10

PART I

British Nationality

that the following requirements are satisfied in the case of that person, namely

(a) subject to subsection (3), that he was in the United King- dom at the beginning of the period of five years ending with the date of the application and that the number 5 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

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(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 15

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 in 20 whose case the Secretary of State is satisfied that he 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—

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(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 30 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 35

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 40 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.

(6) Subsection (5) applies to-

(a) Crown service under the government of a dependent

territory; and

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5

British Nationality

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(b) paid or unpaid service (not falling within paragraph (a)) as a member of any body established by law in a depen- dent territory members of which are appointed by or on behalf of the Crown.

PART I

5.-(1) If, on an application for naturalisation as a British Acquisition by citizen made by a person of full age and capacity, the Secretary naturalisation. of State is satisfied that the applicant fulfils the requirements of Schedule 1 for naturalisation as such a citizen under this sub- section, he may, if he thinks fit, grant to him a certificate of 10 naturalisation as such a citizen.

(2) If, on an application for naturalisation as a British citizen made by a person of full age and capacity who on the date of the application is married to a British citizen, the Secretary of State is satisfied that the applicant fulfils the requirements of 15 Schedule 1 for naturalisation as such a citizen under this sub- section, he may, if he thinks fit, grant to him a certificate of naturalisation as such a citizen.

Acquisition after commencement : special cases

6. (1) A person shall be entitled, on an application for his Right to 20 registration as a British citizen made within five years after registration commencement, to be registered as such a citizen if he satisfies by virtue of residence in the Secretary of State-

U.K. or

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30

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(a) that, if paragraphs 2 and 3 (but not paragraph 4 or 5) of relevant

Schedule 1 to the Immigration Act 1971 had remained employment. in force, he would (had he applied for it) have been, 1971 c. 77. on the date of the application under this subsection, entitled under the said paragraph 2 to be registered in the United Kingdom as a citizen of the United King- dom and Colonies; or

(b) that, if section 5A of the 1948 Act (and section 2 of the Immigration Act 1971 as in force immediately before commencement) had remained in force, he would (had he applied for it) have been, both at commencement and on the date of the application under this sub- section, entitled under section 5A(1) of the 1948 Act to be registered as a citizen of the United Kingdom and Colonies.

(2) A person shall be entitled, on an application for his registration as a British citizen made (subject to subsection (6))

40 within six years after commencement, to be registered as such a

citizen if he satisfies the Secretary of State that he

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