TNAG-2976-FCO40-1245-Effect-of-the-UK-nationality-laws-on-Dependent-Territories-B-1981 — Page 56

SCH. 1

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British Nationality

(a) treat the applicant as fulfilling the requirement specified in paragraph 5(2)(a) or paragraph 5(2)(b), or both, although the number of days on which he was absent from the rele- vant territory in the period there mentioned exceeds the number there mentioned;

(b) treat the applicant as having been in the relevant territory for the whole or any part of any period during which he would otherwise fall to be treated under paragraph 9(2) as having been absent;

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(c) disregard any such restriction as is mentioned in paragraph 10

5(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 5(2)(d) although he was in the relevant territory in breach of the immigration laws in the period there 15 mentioned;

(e) waive the need to fulfil the requirement specified in paragraph 5(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 citizen of the British Dependent Territories under

section 16(2)

7. Subject to paragraph 8, the requirements for naturalisation as a citizen of the British Dependent Territories under section 16(2) are, in the case of any person who applies for it-

(a) that he was in the relevant territory 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 that territory in that period does not exceed 270; and

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(b) that the number of days on which he was absent from that 30

territory in the period of twelve months so ending does not exceed 90; and

(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 that territory; and

(d) that he was not at any time in the period of three years ending with the date of the application in that territory in breach of the immigration laws; and

(e) the requirements specified in paragraph 5(1)(b) and (c).

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8. Paragraph 6 shall apply in relation to paragraph 7 with the 40 following modifications, namely—

(a) the reference to the purposes of paragraph 5 shall be read

as a reference to the purposes of paragraph 7;

(b) the references to paragraphs 5(2)(a), 5(2)(b) and 5(2)(d) shall

be read as references to paragraphs 7(a), 7(b) and 7(d) res- 45 pectively; and

(c) paragraph 6(c) shall be omitted.

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