TNAG-1189-FCO40-1491-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1982 — Page 14

8.

(e) The fee will be payable on submission of the application

and T.1.6/82 should be consulted for action to be taken

where no fee or part of a fee is received. ·

(f) Applicants required to take the oath of allegiance will be

asked to do so if the application is approved.

Authority to whom application is made

Except the Channel Islands and Isle of Man, all registrations

as a British citizen must be effected by the Home Secretary. But the

Regulations specify that applications should in the first instance be

made, by people living abroad, to their nearest diplomatic post or to

the Governor of a dependency. The applications will be forwarded to

the Home Office for final decision. All applications for registration under section (5) must be made to the Governor of the dependency

concerned(see B5(a) above) and under section 5 to the Governor of Gibralķes,

Date of application

9.

The date of application could be important in considering whether

a person meets the requirement to have been in the United Kingdom five

years before.

Section 50(8) provides that the date when an application

is made will be the date on which it is received by a person authorised

to receive it on behalf of the person to whom the application is made. This means, for applications from persons resident in England, Wales, Scotland and Northern Ireland, the date on which the applications are received in the Home Office and for applications from persons resident elsewhere (other than the Channel Islands and Isle of Man) the date on

which the applications are received by a person authorised to do so,

eg a United Kingdom consular officer, who will then forward them to

the Home Office.

10.

Effective date of registration

A person is a British citizen as from the date he is registered,

ie the date on which his or her name is entered in a register.

11.

Regulations

These are made by the Home Secretary under s.41 to effect the purposes of the Act. The Regulations relating to registration as a British citizen under section 4 are:- Regulations 3,4,5 am 6 (as

appropriate), Schedule 1 Part I, Part II (if appropriate), Schedule 2

parajaophs 7,8,9 and 10 (as ag, ropriate) of the British Nationality

(General) cpulations 1962.