TNAG-1085-FCO40-1335-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 33

SCH. 1

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British Nationality

(c) paragraph 2(c) shall be omitted; and

(d) after paragraph (e) there shall be added-

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(f) waive the need to fulfil all or any of the require- ments specified in paragraph 3(a) and (b) if on the date of the application the person to whom the applicant is 5 married is serving in service to which section 2(1)(b) applies, that person's recruitment for that service having taken place in the United Kingdom.".

Naturalisation as a citizen of the British Dependent Territories under section 18(1)

5. (1) Subject to paragraph 6, the requirements for naturalisation as a citizen of the British Dependent Territories under section 18(1) are, in the case of any person who applies for it-

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(a) the requirements specified in sub-paragraph (2) of this

paragraph, or the alternative requirement specified in sub- 15 paragraph (3) of this paragraph; and

(b) that he is of good character; and

(c) that he has a sufficient knowledge of the English language or any other language recognised for official purposes in the relevant territory; and

(d) that either—

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(i) his intentions are such that, in the event of a certifi- cate of naturalisation as a citizen of the British Depen- dent Territories being granted to him, his home or (if he has more than one) his principal home will be in the 25 relevant territory; or

(ii) he intends, in the event of such a certificate being granted to him, to enter into, or continue in, Crown service under the government of that territory, or service under an international organisation of which that terri- 30 tory or the government of that territory is a member, or service in the employment of a company or association established in that territory.

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

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(a) that he was in the relevant territory at the beginning of the period of five years ending with the date of the application, and that the number of days on which he was absent from that territory in that period does not exceed 450; and (b) that the number of days on which he was absent from that 40

territory in the period of twelve months so ending does not exceed 90; and

(c) that he was not at any time in the period of twelve months so ending subject under the immigration laws to any restric- tion on the period for which he might remain in that 45 territory; and

(d) that he was not at any time in the period of five years so ending in that territory in breach of the immigration laws.

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British Nationality

33333

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(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 relevant territory in Crown service under the govern- ment of that territory.

6. If in the special circumstances of any particular case the Secre- tary of State thinks fit, he may for the purposes of paragraph 5 do all or any of the following things, namely

(a) treat the applicant as fulfilling the requirement specified in paragraph 5(2)(a) or paragraph 5(2)(b), or both, although the number of days on which he was absent from the rele- vant territory in the period there mentioned exceeds the number there mentioned;

(b) treat the applicant as having been in the relevant territory for the whole or any part of any period during which he would otherwise fall to be treated under paragraph 9(2) as having been absent;

(c) disregard any such restriction as is mentioned in paragraph 5(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 5(2)(d) although he was in the relevant territory in breach of the immigration laws in the period there mentioned;

(e) waive the need to fulfil the requirement specified in paragraph 5(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 citizen of the British Dependent Territories under section 18(2)

7. Subject to paragraph 8, the requirements for naturalisation as a citizen of the British Dependent Territories under secion 18(2) are, in the case of any person who applies for it—

(a) that he was in the relevant territory 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 that territory in that period does not exceed 270; and (b) that the number of days on which he was absent from that territory 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 that territory; and

(d) that he was not at any time in the period of three years ending with the date of the application in that territory in breach of the immigration laws; and

(e) the requirements specified in paragraph 5(1)(b) and (c).

8. Paragraph 6 shall apply in relation to paragraph 7 with the following modifications, namely

(a) the reference to the purposes of paragraph 5 shall be read

as a reference to the purposes of paragraph 7;

SCH. 1