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Crown Copyright Acknowledged
British Nationality Act 1981 (-) Search lawindexpro for case law on this statute. This document is for private study purposes only. It is likely not to reflect the law as it stands today. It may be incomplete, and some provisions are likely to have been repealed or amended, and new ones inserted. 4C:-- (1) A person is entitled to be registered as a British Citizen if . . . (a) he applies for registration under this section, and (b) he satisfies each of the following conditions. (2) The first condition is that the applicant was born after 7 February 1961 and before 1st January 1983. (3) The second condition is that the applicant would at some time before 1st January 1983 [when the 1981 Act came into force] have become a citizen of the United Kingdom and Colonies by virtue of Section 5 of the [1948 Act] if that section had provided for citizenship by descent from a mother in the same terms as it provided for citizenship by descent from a father. (4) The third condition is that immediately before 1st January 1983 the applicant would have had the right of abode in the United Kingdom by virtue of section 2 of the Immigration Act 1971 had he become a citizen of the United Kingdom and Colonies as described in subsection (3) above. [Before amendment] 40:- (1) Subject to the provisions of this section, the Secretary of State may by order deprive any British citizen to whom this section applies of his British citizenship if the Secretary of State is satisfied that the registration or certificate of naturalisation by virtue of which he is such a citizen was obtained by means of fraud, false representation or the concealment of any material fact. (2) Subsection (1) applies to any British citizen who . . . (a) became a British citizen after commencement by virtue of . . . (i) his registration as a British citizen under any provision of this Act; or (ii) . . . (3) Subject to the provisions of this section, the Secretary of State may by order deprive any British citizen to whom this subsection applies of his British citizenship if the Secretary of State is satisfied that that citizen -
(a) has shown himself by act or speech to be disloyal or disaffected towards Her Majesty; or (b) has, during any war in which Her Majesty was engaged, unlawfully traded or communicated with any enemy or been engaged in or associated with any business that was to his knowledge carried on in such a manner as to assist an enemy in that war; or (c) has, within the period of five years from the relevant date, been sentenced in any country to imprisonment for a term of not less than twelve months. (4) Subsection (3) applies to any British citizen who falls within paragraph (a) … of subsection (2); and in subsection (3) "the relevant date", in relation to a British citizen to whom subsection (3) applies, means the date of registration by virtue of which he is such a citizen . . . (5) The Secretary of State- (a) shall not deprive a person of British citizenship under this section unless he is satisfied that it is not conducive to the public good that that person should continue to be a British citizen; and (b) . . . [As substituted] Deprivation of citizenship 40:-- (1) In this section a reference to a person's citizenship status is a reference to his status as- (a) a British citizen . . . (2) The Secretary of State may by order deprive a person of a citizenship status if the Secretary of State is satisfied that the person has done anything seriously prejudicial to the vital interest of-
(3) The Secretary of State may by order deprive a person of a citizenship status which results from his registration or naturalisation if the Secretary of State is satisfied that the registration or naturalisation was obtained by means of . . . (a) fraud; (b) false representation; or (c) concealment of a material fact. (4) The Secretary of State may not make an order under subsection (2) if he is satisfied that the order would make the person stateless. | ||||||||
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