TNAG-2182-FCO40-3119-Hong-Kong-nationality-international-support-1990 — Page 174

iv

V

in the last 12 months of that five year period his or her stay in the United Kingdom was not subject to any time limit under the immigration laws; and

he or she was not at any time in that five year period in United Kingdom in breach of the immigration laws.

4 Special circumstances

All applicants (unless covered by paragraph 5 below) must be free from any restriction under the immigration laws on the date the application is received and meet the first of the requirements described in paragraph 3. But the Home Secretary may make an exception to the other requirements (including the one in note 3 below about time which does not count) if he thinks that there are special circumstances. If you do not meet the requirements, but you believe there are special circumstances in your case, you should explain them at the time of application.

5 Crown service

An alternative to the five year residential requirement is service working directly for Her Majesty's Government of the United Kingdom. No fixed period of service is set as naturalisation will not be granted just on the completion of a period of satisfactory service. An applicant applying on the grounds of Crown service should, among other things, have been the holder of a responsible post overseas, have given outstanding service, and have some close connection with the United Kingdom. An applicant applying for naturalisation on the basis of Crown service must be serving outside the United Kingdom on the date the application is received.

B Requirements for an applicant who is the husband or wife of a

British citizen

6 The applicant must

i

be aged 18 or over and not of unsound mind; and

ii

be of good character; and

iii

iv

be married to a British citizen on the date the application is received; and

either meet the residential requirements set out in paragraph 7 and 8 below or be married to a British citizen who is working overseas or is likely soon to be posted abroad in Crown service or in service specially designated under section 2 (3) of the British Nationality Act 1981 and who was recruited in the United Kingdom to that service (see paragraph 9 below).

The residential requirements are that

the applicant was in the United Kingdom (see note 2) at the beginning of the three year period ending with the date the application is received; and

ii

on the date the application is received the applicant's stay in the United Kingdom is not subject to any time limit under the immigration laws; and

iii

in the three year period he or she was not outside the United Kingdom for more than 270 days (see note 3); and

iv

in the last twelve months of that three year period he or she was not outside the United Kingdom for more than 90 days; and

V

he or she was not at any time in that three year period in the United Kingdom in breach of the immigration laws.

8 Special circumstances

All applicants (unless covered by paragraph 9 below) must meet the first two requirements described in paragraph 7. But the Home Secretary may make an exception to the other requirements (including the one in note 3 below about time which does not count) if he thinks that there are special circumstances. If you do not meet the requirements, but you believe there are special circumstances in your case, you should explain them at the time of application.

9 Where the applicant is married to a British citizen who on the date the application is received is serving overseas or is likely soon to be posted abroad (i) in Crown service under the United Kingdom government or (ii) in service specially designated under section 2 (3) of the British Nationality Act 1981, and recruitment for Crown or designated service took place in the United Kingdom, the Home Secretary may make an exception to the requirements set out in paragraph 7 (i), (iii), (iv) and (v) above if he thinks that there are special circumstances. If you believe there are special circumstances in your case, you should explain them at the time of application.

C How to apply

10 Application for naturalisation as a British citizen should be made on form AN. A guide on how to apply is supplied with the form, which can be obtained by writing to or telephoning the Home Office, Nationality Division. The address is Lunar House, Wellesley Road, Croydon CR9 2BY (Telephone 081-686 3441). You may also obtain a form by calling personally at the Public Enquiry Office at that address.

Minor children

11 Minor children (under 18 years of age) cannot be included in certificates of naturalisation granted to the parent(s) but may be considered for registration as British citizens. An applicant for naturalisation should include on the application form the names and particulars of all his or her minor children who are not British citizens and whom he or she wishes to have registered. The consent of both parents is normally required.