TNAG-1189-FCO40-1491-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1982 — Page 9

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continue to be entitled to registration as a British subject for a period of five years after

commencement provided her husband was a British

subject on the date of application and the couple

remained married from commencement to the date of

application.

(d) British protected person

Only a person to whom the [here insert title of Order in

Council made under s.38] relates is a British protected

person for the purposes of the BNA 1981.

A detailed explanation of the sections of the Act quoted

above can be found in the relevant instructions.

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2.

Residence

(a) An applicant is required:-

(i) to have been in the United Kingdom at the beginning

of the period of 5 years ending with the date of his

or her application (but see (b) below);

(ii) in that 5 year period not to have been absent from

the United Kingdom for more than 450 days;

(iii) in the last 12 months of that 5 year period not to

have been absent from the United Kingdom for more

than 90 days;

(iv) in the last 12 months of that 5 year period not to

have been subject to any time limit on the period of

stay in the United Kingdom;

(v) to have been in the United Kingdom throughout that

5 year period without being in breach of the immigration

laws.

(b) However, section 4(3) provides that a person who was settled

in the United Kingdom immediately before commencement (ie

ordinarily resident here without boing subject under the

immigration law to any restriction on the period for which

he or she may remain) is not required to have been in the

United Kingdom at the beginning of the period of five years

ending with the date of his or her application.

The United Kingdon means Great Britain, Northern Ireland,

the Channel Islands and the Isle of Man collectively.

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