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Suggested legislation amendments to the British Nationality Act 1981 that can help fix it!


Here's some suggested language for legislative amendments prepared by Adrian Berry, Barrister, Garden Court Chambers, London, this can only help you, surely?

- Suggested Amendment -

4K Citizen of UK and Colonies unable to become citizen at commencement

(1) A person (“P”) is entitled to be registered as a British citizen on an application made under this section if—

(a) P meets the general conditions;

(b) P is an eligible non-British national; and

(c) P would have automatically become a British Dependent Territories citizen at commencement, by the operation of any provision of this Act, had P's mother been married to P's natural father at the time of P's birth.

(2) P is an “eligible non-British national” if—

(a) P was never a British subject or citizen of the United Kingdom and Colonies;

and

(b) had P's mother been married to P's natural father at the time of P's birth, P would have automatically become a British subject or citizen of the United Kingdom and Colonies—

(i) at birth, or

(ii) by virtue of paragraph 3 of Schedule 3 to the British Nationality Act 1948 (child of male British subject to become citizen of the United Kingdom and Colonies if the father becomes such a citizen).

(3) A person who is registered as a British citizen under this section is a British citizen by descent if the British Dependent Territories citizenship which the person would have acquired at commencement (as mentioned in subsection (1)(c)) would (by virtue of section 25 have been British Dependent Territories citizenship by descent.

Prepared by Adrian Berry, Barrister at Garden Court Chambers, London on Nov 7, 2016.

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