TNAG-1085-FCO40-1335-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 32

Sections 5 and

18.

50

British Nationality

SCHEDULES

SCHEDULE 1

REQUIREMENTS for NaturalisATION

Naturalisation as a British citizen under section 5(1)

1.—(1) Subject to paragraph 2, the requirements for naturalisation 5 as a British citizen under section 5(1) are, in the case of any person who applies for it—

(a) the requirements specified in sub-paragraph (2) of this para- graph, or the alternative requirement specified in sub- paragraph (3) of this paragraph; and

(b) that he is of good character; and

(c) that he has a sufficient knowledge of the English or Welsh

language; and

S

10

10

15

(d) that either-

(i) his intentions are such that, in the event of a certifi- 15 cate of naturalisation as a British citizen being granted to him, his home or (if he has more than one) his princi- pal home will be in the United Kingdom; or

20

(ii) he intends, in the event of such a certificate being granted to him, to enter into, or continue in, Crown ser- 20 vice under the government of the United Kingdom, or service under an international organisation of which the United Kingdom or Iler Majesty's government therein is a member, or service in the employment of a company or association established in the United Kingdom.

(2) The requirements referred to in sub-paragraph (1)(a) of this paragraph are

25

(a) that the applicant was in the United Kingdom at the begin- ning of the period of five years ending with the date of the application, and that the number of days on which he was 30 absent from the United Kingdom in that period does not exceed 450; and

25

25

30

35

(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

35

40

(c) that he was not at any time in the period of twelve months so ending subject under the immigration laws to any re- striction 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 so 40

ending in the United Kingdom in breach of the immigration laws.

(3) The alternative requirement referred to in sub-paragraph (1)(a) of this paragraph is that on the date of the application he is serving outside the United Kingdom in Crown service under the government 45 of the United Kingdom.

45

51

SCH. 1

British Nationality

2. If in the special circumstances of any particular case the Secre- tary of State thinks fit, he may for the purposes of paragraph 1 do all or any of the following things, namely

(a) treat the applicant as fulfilling the requirement specified in paragraph 1(2)(a) or paragraph 1(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 there mentioned;

(b) treat the applicant as having been in the United Kingdom for the whole or any part of any period during which he would otherwise fall to be treated under paragraph 9(1) as having been absent;

(c) disregard any such restriction as is mentioned in paragraph 1(2)(c), not being a restriction to which the applicant was subject on the date of the application;

(d) treat the applicant as fulfilling the requirement specified in paragraph 1(2)(d) although he was in the United Kingdom in breach of the immigration laws in the period there mentioned;

(e) waive the need to fulfil the requirement specified in paragraph 1(1)(c) if he considers that because of the applicant's age or physical condition it would be unreasonable to expect him to fulfil it.

Naturalisation as a British citizen under section 5(2)

3. Subject to paragraph 4, the requirements for naturalisation as a British citizen under section 5(2) are, in the case of any person who applies for it-

(a) that he was in the United Kingdom at the beginning of the period of three years ending with the date of the application, and that the number of days on which he was absent from the United Kingdom in that period does not exceed 270; 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

(c) that on the date of the application he was not 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 three years ending with the date of the application in the United King- dom in breach of the immigration laws; and

(e) the requirements specified in paragraph 1(1)(b) and (c).

4. Paragraph 2 shall apply in relation to paragraph 3 with the following modifications, namely

(a) the reference to the purposes of paragraph 1 shall be read

as a reference to the purposes of paragraph 3;

(b) the references to paragraph 1(2)(a), 1(2)(b) and 1(2)(d) shall be read as references to paragraphs 3(a), 3(b) and 3(d) respectively;