TNAG-2976-FCO40-1245-Effect-of-the-UK-nationality-laws-on-Dependent-Territories-B-1981 — Page 54

SCH. 1

42

British Nationality

2. If in the special circumstances of any particular case the Secre- tary of State thinks fit, he may for the purposes of paragraph 1 do all or any of the following things, namely--

(a) treat the applicant as fulfilling the requirement specified in

paragraph 1(2)(a) or paragraph 1(2)(b), or both, although 5 the number of days on which he was absent from the United Kingdom in the period there mentioned exceeds the number there mentioned;

(b) treat the applicant as having been in the United Kingdom

for the whole or any part of any period during which he 10 would otherwise fall to be treated under paragraph 9(1) as having been absent;

(c) disregard any such restriction as is mentioned in paragraph 1(2)(c), not being a restriction to which the applicant was subject on the date of the application;

(d) treat the applicant as fulfilling the requirement specified in paragraph 1(2)(d) although he was in the United Kingdom in breach of the immigration laws in the period there mentioned;

15

(e) waive the need to fulfil the requirement specified in paragraph 20

1(1)(c) if he considers that because of the applicant's age or physical condition it would be unreasonable to expect him to fulfil it.

Naturalisation as a British citizen under section 4(2)

3. Subject to paragraph 4, the requirements for naturalisation as a 25 British citizen under section 4(2) are, in the case of any person who applies for it-

(a) that he was in the United Kingdom at the beginning of the period of three years ending with the date of the application, and that the number of days on which he was absent from 30 the United Kingdom in that period does not exceed 270; and

(b) that the number of days on which he was absent from the United Kingdom in the period of twelve months so ending does not exceed 90; and

35

(c) that on the date of the application he was not subject under the immigration laws to any restriction on the period for which he might remain in the United Kingdom; and (d) that he was not at any time in the period of three years

ending with the date of the application in the United King- 40 dom in breach of the immigration laws; and

(e) the requirements specified in paragraph 1(1)(b) and (c).

4. Paragraph 2 shall apply in relation to paragraph 3 with the following modifications, namely--

(a) the reference to the purposes of paragraph 1 shall be read 45

as a reference to the purposes of paragraph 3;

(b) the references to paragraph 1(2)(a), 1(2)(b) and 1(2)(d) shall be read as references to paragraphs 3(a), 3(b) and 3(d) respectively; and

(c) paragraph 2(c) shall be omitted.

50