TNAG-1125-FCO40-1400-British-Nationality-Act-1981-and-the-Dependent-Territories-1982 — Page 96

Circular 'O' 195/82

HKG 340/1

RASIVED

30 SE 15L

Foreign and Commonwealth

Home 'A' 167/82

DES

IDEX

PA

EGISTRY

ation Taker

London SW1H 9NL

GNN 340/1(6)

24 September 1982

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BRITISH NATIONALITY ACT 1981: DIPLOMATIC SERVICE

1. The British Nationality Act 1981 is due to come into force on 1 January 1983. The Act makes major changes in United Kingdom nationality law and members of the Diplomatic Service will be affected from that date as follows:-

(i)

(ii)

(iii)

(iv)

(v)

(vi)

We and our families who are citizens of the United Kingdom and Colonies and have the right of abode in the United Kingdom will become British citizens.

A non-citizen spouse (either husband or wife) who marries a British citizen after 31 December 1982 will normally need to reside in the United Kingdom for a period of three years before applying for citizenship. However the Home Secretary has discretion to waive this residence requirement in the case of a non-citizen spouse of a Diplomatic Service officer recruited in the United Kingdom. It has been agreed that he will do so provided the spouse's application for citizenship is supported by the Administration. (This will also apply to a male spouse who married a Diplomatic Service officer before 1 January 1983 and who is still married to her at the time of application). Each case will be considered individually and the Administration would normally expect to be able to give the necessary support to such applications for British citizenship.

A non-citizen wife, who immediately before 1 January 1983 would have been entitled to registration as a citizen of the United Kingdom and Colonies by virtue of her marriage to a CUKC who becomes a British citizen will retain that entitlement until 31 December 1987 provided she remains married to him. On registration she will become a British citizen.

British citizenship will be transmitted by descent through both the male and female line.

A child born abroad after 1 January 1983 whose parent at the time of the birth is a Diplomatic Service officer serving outside the United Kingdom will be a British citizen 'otherwise than by descent' provided the officer is a British citizen and was recruited in the United Kingdom. This means that the child will, for nationality purposes, be in exactly the same position as children born in the United Kingdom and will subsequently, if the case arises, transmit British citizenship to his or her children born overseas as if he or she had been born in the United Kingdom.

A person who becomes a British citizen on 1 January 1983 and was born abroad before that date to a father who was at the time of birth a Diplomatic Service officer serving outside the United Kingdom will, provided the father was recruited in the United Kingdom, be a British citizen 'otherwise than by descent' from 1 January 1983 as in (v) above.

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