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British nationality law: How to make pleas

`Apply on basis of change, when they become law’

 

10th November 2009: The UK Border Agency has asked applicants not make applications on the basis of changes to British nationality law until it comes into force on 13 January 2010.

The UK Border Agency said it recently announced changes to British nationality law under the Borders, Citizenship and Immigration Act 2009. These changes would commence on 13 January 2010.

“You should not make an application on the basis of these changes until they have become law. If you apply before 13 January and you do not meet the current requirements for registration, we will not be able to register you – you should wait until after that date before applying,” the Agency has asserted.

“When the changes have become law, we will make application forms and guidance notes available. Until then, the current versions of the forms and guides MN1, B(OS) and UKM remain valid,” the Agency has added.

On 3 August 2009, the Agency had asserted that the Borders, Citizenship and Immigration Bill, which received Royal Assent on 21 July, would introduce certain changes to British nationality law.

The 'earned citizenship' provisions, which would amend the requirements for naturalisation, would be commence in the summer of 2011.

The Agency had asserted: `One of the changes amends the British Nationality Act 1981 so that a person born in the United Kingdom to a parent in the armed forces will be a British citizen. This already happens, but the changes to the 1981 Act will put the matter beyond doubt.

`For children born overseas to those in the armed forces, the Borders, Citizenship and Immigration Act inserts a new section 4D into the British Nationality Act 1981, which will entitle a person born outside the United Kingdom to register as a British citizen if: he or she was born to a Foreign and Commonwealth member of the United Kingdom armed forces; and that parent was serving outside the United Kingdom at the time of birth; and both parents consent to the registration.

`A change has been made to section 3(2) of the British Nationality Act 1981. At the moment, children of British citizens by descent can only be registered under that section if an application is made within 12 months of the birth (or six years, if the Home Secretary allows). The change will allow an application to be made at any time before a child's reaches the age of 18. More information about registration under section 3(2) can be found in Guide MN1, which you can download from the right side of this page.

`The changes in the Act will allow British Nationals (Overseas) to be registered under section 4B of the British Nationality Act 1981 if they do not hold any other citizenship or nationality. A person will not qualify under this section if they have done anything after 19 March 2009 that resulted in the loss of another nationality. More information about registration under section 4B can be found in Guide B(OS), which you can download from the right side of this page.

`A person who has a British mother currently has a right to register as a British citizen under section 4C of the British Nationality Act 1981 if: he or she was born between 7 February 1961 and 1 January 1983; and he or she would have become a British citizen if women had been able to pass on citizenship in the same way as men at that time. The new Act extends the provisions of section 4C to those born before 1961.

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