42 Children born in UK etc. to members of the armed forces
(1) Section 1 of the British Nationality Act 1981 (c. 61) (acquisition of British citizenship by birth or adoption) is amended as follows.
(2) After subsection (1) insert—
(1A) A person born in the United Kingdom or a qualifying territory on or after the relevant day shall be a British citizen if at the time of the birth his father or mother is a member of the armed forces.
(3) In subsection (3), after “subsection (1)” insert “ , (1A) ”.
(4) After subsection (3) insert—
(3A) A person born in the United Kingdom on or after the relevant day who is not a British citizen by virtue of subsection (1), (1A) or (2) shall be entitled to be registered as a British citizen if, while he is a minor—
(a) his father or mother becomes a member of the armed forces; and
(b) an application is made for his registration as a British citizen
.
(5) In subsection (4), after “subsection (1)” insert “ , (1A) ”.
(6) After subsection (8) insert—
(9) The relevant day for the purposes of subsection (1A) or (3A) is the day appointed for the commencement of section 42 of the Borders, Citizenship and Immigration Act 2009 (which inserted those subsections).
(1) Section 3 of the British Nationality Act 1981 (c. 61) (acquisition by registration: minors) is amended as follows.
(2) In subsection (2), for “within the period of twelve months from the date of the birth” substitute “ while he is a minor ”.
(3) Omit subsection (4).
44 British Nationals (Overseas) without other citizenship
(1) Section 4B of the British Nationality Act 1981 (acquisition by registration: certain persons without other citizenship) is amended as follows.
(2) In subsection (1)—
(a) omit “or” immediately before paragraph (c), and
(b) after that paragraph insert
, or
(d) British National (Overseas)
.
(3) In subsection (2)(c), for “4th July 2002” substitute “ the relevant day ”.
(4) After subsection (2), insert—
(3) For the purposes of subsection (2)(c), the “relevant day” means—
(a) in the case of a person to whom this section applies by virtue of subsection (1)(d) only, 19th March 2009, and
(b) in any other case, 4th July 2002.
(1) Section 4C of the British Nationality Act 1981 (the title to which becomes “Acquisition by registration: certain persons born before 1983”) is amended as follows.
(2) In subsection (2), omit “after 7th February 1961 and”.
(3) For subsection (3) substitute—
(3) The second condition is that the applicant would at some time before 1st January 1983 have become a citizen of the United Kingdom and Colonies—
(a) under section 5 of, or paragraph 3 of Schedule 3 to, the 1948 Act if assumption A had applied,
(b) under section 12(3), (4) or (5) of that Act if assumption B had applied and as a result of its application the applicant would have been a British subject immediately before 1st January 1949, or
(c) under section 12(2) of that Act if one or both of the following had applied—
(i) assumption A had applied;
(ii) assumption B had applied and as a result of its application the applicant would have been a British subject immediately before 1st January 1949.
(3A) Assumption A is that—
(a) section 5 or 12(2) of, or paragraph 3 of Schedule 3 to, the 1948 Act (as the case may be) provided for citizenship by descent from a mother in the same terms as it provided for citizenship by descent from a father, and
(b) references in that provision to a father were references to the applicant's mother.
(3B) Assumption B is that—
(a) a provision of the law at some time before 1st January 1949 which provided for a nationality status to be acquired by descent from a father provided in the same terms for its acquisition by descent from a mother, and
(b) references in that provision to a father were references to the applicant's mother.
(3C) For the purposes of subsection (3B), a nationality status is acquired by a person (“P”) by descent where its acquisition—
(a) depends, amongst other things, on the nationality status of one or both of P's parents, and
(b) does not depend upon an application being made for P's registration as a person who has the status in question.
(3D) For the purposes of subsection (3), it is not to be assumed that any registration or other requirements of the provisions mentioned in that subsection or in subsection (3B) were met.
(4) After subsection (4) insert—
(5) For the purposes of the interpretation of section 5 of the 1948 Act in its application in the case of assumption A to a case of descent from a mother, the reference in the proviso to subsection (1) of that section to “a citizen of the United Kingdom and Colonies by descent only” includes a reference to a female person who became a citizen of the United Kingdom and Colonies by virtue of—
(a) section 12(2), (4) or (6) only of the 1948 Act,
(b) section 13(2) of that Act,
(c) paragraph 3 of Schedule 3 to that Act, or
(d) section 1(1)(a) or (c) of the British Nationality (No. 2) Act 1964.
46 Children born outside UK etc. to members of the armed forces
After section 4C of the British Nationality Act 1981 (c. 61) insert—
Acquisition by registration: children of members of the armed forces
4D (1) A person (“P”) born outside the United Kingdom and the qualifying territories on or after the relevant day is entitled to be registered as a British citizen if—
(a) an application is made for P's registration under this section; and
(b) each of the following conditions is satisfied.
(2) The first condition is that, at the time of P's birth, P's father or mother was—
(a) a member of the armed forces; and
(b) serving outside the United Kingdom and the qualifying territories.
(3) The second condition is that, if P is a minor on the date of the application, the consent of P's father and mother to P's registration as a British citizen has been signified in the prescribed manner.
(4) But if P's father or mother has died on or before the date of the application, the reference in subsection (3) to P's father and mother is to be read as a reference to either of them.
(5) The Secretary of State may, in the special circumstances of a particular case, waive the need for the second condition to be satisfied.
(6) The relevant day for the purposes of this section is the day appointed for the commencement of section 46 of the Borders, Citizenship and Immigration Act 2009 (which inserted this section).
(1) After section 41 of the British Nationality Act 1981 insert—
Registration: requirement to be of good character
41A (1) An application for registration of an adult or young person as a British citizen under section 1(3), (3A) or (4), 3(1), (2) or (5), 4(2) or (5), 4A, 4C, 4D, 5, 10(1) or (2) or 13(1) or (3) must not be granted unless the Secretary of State is satisfied that the adult or young person is of good character.
(2) An application for registration of an adult or young person as a British overseas territories citizen under section 15(3) or (4), 17(1) or (5), 22(1) or (2) or 24 must not be granted unless the Secretary of State is satisfied that the adult or young person is of good character.
(3) An application for registration of an adult or young person as a British Overseas citizen under section 27(1) must not be granted unless the Secretary of State is satisfied that the adult or young person is of good character.
(4) An application for registration of an adult or young person as a British subject under section 32 must not be granted unless the Secretary of State is satisfied that the adult or young person is of good character.
(5) In this section, “adult or young person” means a person who has attained the age of 10 years at the time when the application is made.
(2) In section 1 of the Hong Kong (War Wives and Widows) Act 1996 (c. 41) (acquisition of British citizenship), in subsection (1)—
(a) omit “and” immediately before paragraph (b), and
(b) after that paragraph insert
; and
(c) the Secretary of State is satisfied that she is of good character
.
(3) In section 1 of the British Nationality (Hong Kong) Act 1997 (c. 20) (acquisition of British citizenship), after subsection (5) insert—
(5A) An adult or young person shall not be registered under subsection (1) unless the Secretary of State is satisfied that the adult or young person is of good character.
(5B) In subsection (5A), “adult or young person” means a person who has attained the age of 10 years at the time when the application for registration is made.
(4) In section 131 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (supply of police information), for paragraph (b) substitute—
(b) determining whether, for the purposes of an application referred to in section 41A of the British Nationality Act 1981, the person for whose registration the application is made is of good character;
(ba) determining whether, for the purposes of an application under section 1 of the Hong Kong (War Wives and Widows) Act 1996, the woman for whose registration the application is made is of good character;
(bb) determining whether, for the purposes of an application under section 1 of the British Nationality (Hong Kong) Act 1997 for the registration of an adult or young person within the meaning of subsection (5A) of that section, the person is of good character;
.
(5) In section 40 of the UK Borders Act 2007 (c. 30) (supply of Revenue and Customs information), in subsection (1), for paragraph (h) substitute—
(h) determining whether, for the purposes of an application referred to in section 41A of the British Nationality Act 1981, the person for whose registration the application is made is of good character;
(ha) determining whether, for the purposes of an application under section 1 of the Hong Kong (War Wives and Widows) Act 1996, the woman for whose registration the application is made is of good character;
(hb) determining whether, for the purposes of an application under section 1 of the British Nationality (Hong Kong) Act 1997 for the registration of an adult or young person within the meaning of subsection (5A) of that section, the person is of good character;
.
48 Meaning of references to being in breach of immigration laws
(1) After section 50 of the British Nationality Act 1981 (c. 61) insert—
Meaning of references to being in breach of immigration laws
50A (1) This section applies for the construction of a reference to being in the United Kingdom “in breach of the immigration laws” in—
(a) section 4(2) or (4);
(b) section 50(5); or
(c) Schedule 1.
(2) It applies only for the purpose of determining on or after the relevant day—
(a) whether a person born on or after the relevant day is a British citizen under section 1(1),
(b) whether, on an application under section 1(3) or 4(2) made on or after the relevant day, a person is entitled to be registered as a British citizen, or
(c) whether, on an application under section 6(1) or (2) made on or after the relevant day, the applicant fulfils the requirements of Schedule 1 for naturalisation as a British citizen under section 6(1) or (2).
(3) But that is subject to section 48(3)(d) and (4) of the Borders, Citizenship and Immigration Act 2009 (saving in relation to section 11 of the Nationality, Immigration and Asylum Act 2002).
(4) A person is in the United Kingdom in breach of the immigration laws if (and only if) the person—
(a) is in the United Kingdom;
(b) does not have the right of abode in the United Kingdom within the meaning of section 2 of the Immigration Act 1971;
(c) does not have leave to enter or remain in the United Kingdom (whether or not the person previously had leave);
(d) does not have a qualifying CTA entitlement;
(e) is not entitled to reside in the United Kingdom by virtue of any provision made under section 2(2) of the European Communities Act 1972 (whether or not the person was previously entitled);
(f) is not entitled to enter and remain in the United Kingdom by virtue of section 8(1) of the Immigration Act 1971 (crew) (whether or not the person was previously entitled); and
(g) does not have the benefit of an exemption under section 8(2) to (4) of that Act (diplomats, soldiers and other special cases) (whether or not the person previously had the benefit of an exemption).
(5) For the purposes of subsection (4)(d), a person has a qualifying CTA entitlement if the person—
(a) is a citizen of the Republic of Ireland,
(b) last arrived in the United Kingdom on a local journey (within the meaning of the Immigration Act 1971) from the Republic of Ireland, and
(c) on that arrival, was a citizen of the Republic of Ireland and was entitled to enter without leave by virtue of section 1(3) of the Immigration Act 1971 (entry from the common travel area).
(6) Section 11(1) of the Immigration Act 1971 (person deemed not to be in the United Kingdom before disembarkation, while in controlled area or while under immigration control) applies for the purposes of this section as it applies for the purposes of that Act.
(7) This section is without prejudice to the generality of—
(a) a reference to being in a place outside the United Kingdom in breach of immigration laws, and
(b) a reference in a provision other than one specified in subsection (1) to being in the United Kingdom in breach of immigration laws.
(8) The relevant day for the purposes of subsection (2) is the day appointed for the commencement of section 48 of the Borders, Citizenship and Immigration Act 2009 (which inserted this section).
(2) Section 11 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (“the 2002 Act”) (unlawful presence in the United Kingdom) ceases to have effect.
(3) Notwithstanding its repeal, section 11 of the 2002 Act is to continue to have effect for the purpose of determining on or after the relevant day—
(a) whether a person born before the relevant day is a British citizen under section 1(1) of the British Nationality Act 1981 (c. 61),
(b) whether, on an application under section 1(3) or 4(2) of that Act made but not determined before the relevant day, a person is entitled to be registered as a British citizen,
(c) whether, on an application under section 6(1) or (2) of that Act made but not determined before the relevant day, the applicant fulfils the requirements of Schedule 1 for naturalisation as a British citizen under section 6(1) or (2) of that Act, or
(d) whether, in relation to an application under section 1(3) or 6(1) or (2) of that Act made on or after the relevant day, a person was in the United Kingdom “in breach of the immigration laws” at a time before 7 November 2002 (the date of commencement of section 11 of the 2002 Act).
(4) Where section 11 of the 2002 Act continues to have effect by virtue of paragraph (d) of subsection (3) for the purpose of determining on or after the relevant day the matter mentioned in that paragraph, section 50A of the British Nationality Act 1981 is not to apply for the purpose of determining that matter.
(5) The relevant day for the purposes of subsection (3) is the day appointed for the commencement of this section.
(6) In paragraph 7(a) of Schedule 3 to the 2002 Act (definition of persons unlawfully in the UK who are ineligible for support), for “section 11” substitute “ section 50A of the British Nationality Act 1981 ”.
(1) In section 50 of the British Nationality Act 1981 (c. 61) (interpretation), after subsection (1), insert—
(1A) Subject to subsection (1B), references in this Act to being a member of the armed forces are references to being—
(a) a member of the regular forces within the meaning of the Armed Forces Act 2006, or
(b) a member of the reserve forces within the meaning of that Act subject to service law by virtue of paragraph (a), (b) or (c) of section 367(2) of that Act.
(1B) A person is not to be regarded as a member of the armed forces by virtue of subsection (1A) if the person is treated as a member of a regular or reserve force by virtue of—
(a) section 369 of the Armed Forces Act 2006, or
(b) section 4(3) of the Visiting Forces (British Commonwealth) Act 1933.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) In section 3(1)(c) of the Immigration Act 1971 (c. 77) (conditions that may be imposed on limited leave to enter or remain in the United Kingdom), after sub-paragraph (i) insert—
(ia) a condition restricting his studies in the United Kingdom;
.
(2) A condition under section 3(1)(c)(ia) of that Act may be added as a condition to leave given before the passing of this Act (as well as to leave given on or after its passing).
51 Fingerprinting of foreign criminals liable to automatic deportation
(1) Section 141 of the Immigration and Asylum Act 1999 (c. 33) (persons from whom fingerprints may be taken) is amended as follows.
(2) In subsection (7)(f), after “persons” insert “ , other than a dependant of a person who falls within paragraph (c) by reason of a relevant immigration decision within subsection (16)(b) having been made in respect of that person ”.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
52 Extension of sections 1 to 4 of the UK Borders Act 2007 to Scotland
(1) In section 2 of the UK Borders Act 2007 (c. 30) (detention at ports), after subsection (1), insert—
(1A) A designated immigration officer at a port in Scotland may detain an individual if the immigration officer thinks that the individual is subject to a warrant for arrest.
(2) In section 3 of that Act (enforcement of detention at ports), after subsection (4), insert—
(4A) In the application of this section to Scotland, the references in subsections (2)(a) and (3)(a) to 51 weeks shall be treated as references to 12 months.
(3) In section 60(1) of that Act (provisions which do not extend to Scotland), omit “1 to 4,”.
In section 4(4) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19) (trafficking people for exploitation: meaning of exploitation), for paragraph (d) substitute—
(d) a person uses or attempts to use him for any purpose within sub-paragraph (i), (ii) or (iii) of paragraph (c), having chosen him for that purpose on the grounds that—
(i) he is mentally or physically ill or disabled, he is young or he has a family relationship with a person, and
(ii) a person without the illness, disability, youth or family relationship would be likely to refuse to be used for that purpose.
(1) The Independent Family Returns Panel is established.
(2) The Secretary of State must consult the Independent Family Returns Panel—
(a) in each family returns case, on how best to safeguard and promote the welfare of the children of the family, and
(b) in each case where the Secretary of State proposes to detain a family in pre-departure accommodation, on the suitability of so doing, having particular regard to the need to safeguard and promote the welfare of the children of the family.
(3) A family returns case is a case where—
(a) a child who is living in the United Kingdom is to be removed from or required to leave the United Kingdom, and
(b) an individual who—
(i) is a parent of the child or has care of the child, and
(ii) is living in a household in the United Kingdom with the child,
is also to be removed from or required to leave the United Kingdom.
(4) The Secretary of State may by regulations make provision about—
(a) additional functions of the Independent Family Returns Panel,
(b) its status and constitution,
(c) the appointment of its members,
(d) the payment of remuneration and allowances to its members, and
(e) any other matters in connection with its establishment and operation.
(5) Regulations under this section must be made by statutory instrument.
(6) An instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
(7) In this section—
“child” means a person who is under the age of 18;
“pre-departure accommodation” has the same meaning as in Part 8 of the Immigration and Asylum Act 1999;
references to a person being removed from or required to leave the United Kingdom are to the person being removed or required to leave in accordance with a provision of the Immigration Acts.
(1) The Secretary of State must make arrangements for ensuring that—
(a) the functions mentioned in subsection (2) are discharged having regard to the need to safeguard and promote the welfare of children who are in the United Kingdom, and
(b) any services provided by another person pursuant to arrangements which are made by the Secretary of State and relate to the discharge of a function mentioned in subsection (2) are provided having regard to that need.
(2) The functions referred to in subsection (1) are—
(a) any function of the Secretary of State in relation to immigration, asylum or nationality;
(b) any function conferred by or by virtue of the Immigration Acts on an immigration officer;
(c) any general customs function of the Secretary of State;
(d) any customs function conferred on a designated customs official.
(3) A person exercising any of those functions must, in exercising the function, have regard to any guidance given to the person by the Secretary of State for the purpose of subsection (1).
(4) The Director of Border Revenue must make arrangements for ensuring that—
(a) the Director's functions are discharged having regard to the need to safeguard and promote the welfare of children who are in the United Kingdom, and
(b) any services provided by another person pursuant to arrangements made by the Director in the discharge of such a function are provided having regard to that need.
(5) A person exercising a function of the Director of Border Revenue must, in exercising the function, have regard to any guidance given to the person by the Secretary of State for the purpose of subsection (4).
(6) In this section—
“children” means persons who are under the age of 18;
“customs function”, “designated customs official” and “general customs function” have the meanings given by Part 1.
(7) A reference in an enactment (other than this Act) to the Immigration Acts includes a reference to this section.
(8) Section 21 of the UK Borders Act 2007 (c. 30) (children) ceases to have effect.
(1) Subject to the following provisions of this section, this Act extends to—
(a) England and Wales,
(b) Scotland, and
(c) Northern Ireland.
(2) Section 23 (investigations and detention: England and Wales and Northern Ireland) extends to England and Wales and Northern Ireland only.
(3) An amendment, modification or repeal by this Act has the same extent as the enactment or relevant part of the enactment to which it relates (ignoring extent by virtue of an Order in Council under any of the Immigration Acts).
(4) Subsection (3) does not apply to—
(a) the amendments made by section 52 (detention at ports in Scotland);
(b) the amendment made by section 54 (trafficking people for exploitation), which extends to England and Wales and Northern Ireland only.
(5) Her Majesty may by Order in Council provide for any of the provisions of this Act, other than any provision of Part 1 (border functions) or section 53 (transfer of certain immigration judicial review applications), to extend, with or without modifications, to any of the Channel Islands or the Isle of Man.
(6) Subsection (5) does not apply in relation to the extension to a place of a provision which extends there by virtue of subsection (3).
(1) Part 1 (border functions) comes into force on the day this Act is passed.
(2) The provisions of Part 2 (citizenship) come into force on such day as the Secretary of State may by order appoint.
(3) In Part 3 (immigration)—
(a) section 50 (restriction on studies) comes into force on the day this Act is passed;
(b) sections 51 (fingerprinting of foreign criminals) and 52 (detention at ports in Scotland) come into force on such day as the Secretary of State may by order appoint.
(4) In this Part—
(a) section 53 (transfer of certain immigration judicial review applications) comes into force on such day as the Lord Chancellor may by order appoint;
(b) sections 54 (trafficking people for exploitation) and 55 (duty regarding the welfare of children) come into force on such day as the Secretary of State may by order appoint.
(5) Any repeal in the Schedule (and section 56 so far as relating to the repeal) comes into force in the same way as the provisions of this Act to which the repeal relates.
(6) The other provisions of this Part come into force on the day this Act is passed.
(7) An order under this section must be made by statutory instrument.
(8) An order under this section—
(a) may appoint different days for different purposes;
(b) may include transitional or incidental provision or savings.
(9) An order commencing sections 39 to 41 (acquisition of British citizenship by naturalisation) must include provision that the amendments made by those sections do not have effect in relation to an application for naturalisation as a British citizen if—
(a) the date of the application is before the date on which those sections come into force in accordance with the order (“the date of commencement”), or
(b) the date of the application is before the end of the period of 24 months beginning with the date of commencement and the application is made by a person who falls within subsection (10) or (11).
(10) A person falls within this subsection if on the date of commencement the person has indefinite leave to remain in the United Kingdom.
(11) A person falls within this subsection if the person is given indefinite leave to remain in the United Kingdom on an application—
(a) the date of which is before the date of commencement, and
(b) which is decided after the date of commencement.
(12) The reference in subsection (9) to an order commencing sections 39 to 41 does not include an order commencing those sections for the purpose only of enabling regulations to be made under the British Nationality Act 1981 (c. 61).
(13) In the case of an order commencing sections 39 to 41, transitional provision may, in particular—
(a) provide that the qualifying period for the purposes of paragraph 1 or 3 of Schedule 1 to the British Nationality Act 1981 includes time before that commencement;
(b) provide for leave to enter or remain in the United Kingdom granted before that commencement to be treated as qualifying temporary residence leave or probationary citizenship leave for the purposes of that Schedule.
(14) In the case of an order commencing section 45 (acquisition of British citizenship through the female line), transitional provision may, in particular, provide that section 45 is to apply to an application made, but not determined, under section 4C of the British Nationality Act 1981 before that commencement.
(15) No order may be made commencing section 52 (detention at ports in Scotland) unless the Secretary of State has consulted the Scottish Ministers.
(16) No order may be made commencing section 53 (transfer of certain immigration judicial review applications) unless the functions of the Asylum and Immigration Tribunal in relation to appeals under Part 5 of the Nationality, Immigration and Asylum Act 2002 (c. 41) have been transferred under section 30(1) of the Tribunals, Courts and Enforcement Act 2007 (c. 15).
Section 56
Part 1 Border functions
Reference | Extent of repeal
UK Borders Act 2007 (c. 30) | Section 21(5)(a). In section 48— in subsection (2), the words from the beginning to “Agency;”, and subsection (3).
Part 2 Citizenship
Reference | Extent of repeal
British Nationality Act 1981 (c. 61) | Section 3(4). In section 4B(1), the word “or” immediately before paragraph (c). In section 4C(2), the words “after 7th February 1961 and”. In Schedule 1— in paragraph 1(1)(a), the words from “, or the” to “this paragraph”, paragraph 1(3), and paragraph 2(1)(c).
Hong Kong (War Wives and Widows) Act 1996 (c. 41) | In section 1(1), the word “and” immediately before paragraph (b).
Nationality, Immigration and Asylum Act 2002 (c. 41) | Section 11.
Immigration, Asylum and Nationality Act 2006 (c. 13) | Section 58.
Part 3 Immigration
Reference | Extent of repeal
UK Borders Act 2007 (c. 30) | In section 60(1), the words “1 to 4,”.
Part 4 Miscellaneous
Reference | Extent of repeal
UK Borders Act 2007 (c. 30) | Section 21.