TNAG-1189-FCO40-1491-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1982 — Page 7

SECOND DRAFT

TINA 1981

ACQUISITION OF BRITISH CITIZENSHIP BY REGISTRATION

SECTION 4

A.

Introduction

1.

Section 4 provides an entitlement to registration as a British citizen to a British Dependent Territories citizen, a British Overseas citizen, a British subject under the Act or a British protocted person provided the requirements in paragraph 2 are met (but see also para- graphs 3 and 4).

Minors as well as adults may apply.

2.

The requirements referred to in paragraph 1 are that:-

(a) The applicant must have resided in the United Kingdom for the five years preceding his application - absences of up to 450 days

are permitted, only 90 of which can be during the year preceding the application (longer absences may be allowed in special circumstances);

(b) he or she must be free of restrictions under the immigration law at the date of application;

(c) he or she must normally have been free of such restrictions for

the year preceding his or her application.

A person will not normally qualify if he or she has been here in breach of the immigration laws during the five years preceding his or her application.

3. There is also discretion in section 4(5) to register British Dependent Territories citizens etc as British citizens if they have been in Crown service under the government of a dependent territory (or held certain other Crown appointments).

4.

Under section 5 a British Dependent Territories citizen who is a United Kingdon national for the purpose of the European Community treaties (ie a British Dependent Territories citizen with certain specific connections with Gibraltar) will be entitled, on application, to registration as a British citizen. There is no residence require- ment attached to this provision. An application should normally bo