TNAG-2976-FCO40-1245-Effect-of-the-UK-nationality-laws-on-Dependent-Territories-B-1981 — Page 36

PART V

24

"Statement of right

of abode in United Kingdom.

British Nationality

2. (1) A person is under this Act to have the right of abode in the United Kingdom if-

(a) he is a British citizen; or

(b) he is a Commonwealth citizen who---

(i) immediately before the commence- 5 ment of the British Nationality Act 1981 was a Commonwealth citizen having the right of abode in the United Kingdom by virtue of section 2(1)(d) or section 2(2) of this Act as then in force; and 10 (ii) has not ceased to be a Common- wealth citizen in the meanwhile.

(2) In relation to Commonwealth citizens who have the right of abode in the United Kingdom by virtue of subsection (1)(b) above, this Act, except 15 this section and sections 3(9) and (9A), 5(2) and 13(3), shall apply as if they were British citizens; and in this Act (except as aforesaid) "British citizen" shall be construed accordingly. ".

(3) For section 3(9) (certificates of patriality) there shall be 20 substituted--

“(9) A person within this subsection seeking to enter the United Kingdom and claiming to have the right of abode there shall prove that he has that right by means of such certificate of entitlement as may be specified in the 25 immigration rules, unless-

(a) he claims to be a British citizen and produces (or is present when there is produced) a United King- dom passport describing him as such a citizen or a United Kingdom passport describing him as a 30 citizen of the United Kingdom and Colonies hav- ing the right of abode in the United Kingdom;

or

(b) in the case of a woman falling within subsection

(9A)(b) below who claims to be a British citizen as 35 there mentioned by virtue of section 2(2) of this Act as in force immediately before the commence- ment of the British Nationality Act 1981, she shows that immediately before that commence- ment she-

(i) was a citizen of the United Kingdom and

Colonies; and

40

(ii) had the right of abode in the United King- dom by virtue of section 2(2) of this Act, as then in force, apart from any reference 45