OpenLegislation

Paragraph 2

United Kingdom

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

F1(1)

If in the special circumstances of any particular case the Secretary of State thinks fit, he may for the purposes of paragraph 1 do all or any of the following things, namely—

F2(za)

treat the applicant as fulfilling the first requirement specified in paragraph 1(2)(a) although the applicant was not in the United Kingdom at the beginning of the period there mentioned;

(a)

treat the applicant as fulfilling the F3second requirement specified in paragraph 1(2)(a) or the requirement specified in paragraph 1(2)(b), or both, although the number of days on which he was absent from the United Kingdom in the period there mentioned exceeds the number there mentioned;

(b)

treat the applicant as having been in the United Kingdom for the whole or any part of any period during which he would otherwise fall to be treated under paragraph 9(1) as having been absent;

(c)

disregard any such restriction as is mentioned in paragraph 1(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 1(2)(d) although he was in the United Kingdom in breach of the immigration laws in the period there mentioned;

(e)

waive the need to fulfil F4either or both of the requirements specified in paragraph 1(1)(c) and (ca) if he considers that because of the applicant’s age or physical or mental condition it would be unreasonable to F5expect him to fulfil that requirement or those requirements.

F6(1A)

Sub-paragraph (1B) applies where the applicant has indefinite leave to enter or remain in the United Kingdom.

(1B)

The Secretary of State may for the purposes of paragraph 1 treat the applicant as fulfilling the requirement specified in paragraph 1(2)(d), without enquiring into whether or not the applicant was in the United Kingdom in breach of the immigration laws in the period there mentioned.

(1C)

The reference in sub-paragraph (1A) to having indefinite leave to enter or remain is to be construed in accordance with the Immigration Act 1971.

F7(2)

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F8(3)

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Annotations

Textual amendments

F1

Sch. 1 para. 2 renumbered as Sch. 1 para. 2(1) (13.5.2014) by virtue of Citizenship (Armed Forces) Act 2014 (c. 8), ss. 1(2), 2(2)

F2

Sch. 1 para. 2(1)(za) inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), s. 87(1), Sch. 1 para. 3(2)(a); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 8 (with Sch. 2 para. 3)

F3

Words in Sch. 1 para. 2(1)(a) substituted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), s. 87(1), Sch. 1 para. 3(2)(b); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 8 (with Sch. 2 para. 3)

F4

Words in Sch. 1 para. 2(e) substituted (1.11.2005) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 1(2), 162(1) (with s. 159); S.I. 2005/2782, art. 3(1) (subject to art. 3(2))

F5

Words in Sch. 1 para. 2(e) substituted (1.11.2005) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 1(2), 162(1) (with s. 159); S.I. 2005/2782, art. 3(1) (subject to art. 3(2))

F6

Sch. 1 para. 2(1A)-(1C) inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), s. 87(1), Sch. 1 para. 3(2)(c); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 8 (with Sch. 2 para. 3)

F7

Sch. 1 para. 2(2) omitted (28.6.2022) by virtue of Nationality and Borders Act 2022 (c. 36), s. 87(1), Sch. 1 para. 3(2)(d); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 8 (with Sch. 2 para. 3)

F8

Sch. 1 para. 2(3) omitted (28.6.2022) by virtue of Nationality and Borders Act 2022 (c. 36), s. 87(1), Sch. 1 para. 3(2)(d); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 8 (with Sch. 2 para. 3)

Notes on Schedule 1

Modifications

C1

Sch. 1 modified (7.11.2002, partly retrospective) by Nationality, Immigration and Asylum Act 2002 (c. 41), s. 11