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Paragraph 6

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 5 do all or any of the following things, namely—

F2(za)

treat the applicant as fulfilling the first requirement specified in paragraph 5(2)(a) although the applicant was not in the relevant territory at the beginning of the period there mentioned;

(a)

treat the applicant as fulfilling the F3second requirement specified in paragraph 5(2)(a) or the requirement specified in paragraph 5(2)(b), or both, although the number of days on which he was absent from the relevant territory in the period there mentioned exceeds the number there mentioned;

(b)

treat the applicant as having been in the relevant territory for the whole or any part of any period during which he would otherwise fall to be treated under paragraph 9(2) as having been absent;

(c)

disregard any such restriction as is mentioned in paragraph 5(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 5(2)(d) although he was in the relevant territory in breach of the immigration laws in the period there mentioned;

(e)

waive the need to fulfil the requirement specified in paragraph 5(1)(c) if he considers that because of the applicant’s age or physical or mental condition it would be unreasonable to expect him to fulfil it.

Annotations

Textual amendments

F1

Sch. 1 para. 6 renumbered as Sch. 1 para. 6(1) (28.6.2022) by Nationality and Borders Act 2022 (c. 36), s. 87(1), Sch. 1 para. 3(4)(a); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 8 (with Sch. 2 para. 3)

F2

Sch. 1 para. 6(1)(za) inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), s. 87(1), Sch. 1 para. 3(4)(b); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 8 (with Sch. 2 para. 3)

F3

Words in Sch. 1 para. 6(1)(a) substituted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), s. 87(1), Sch. 1 para. 3(4)(c); 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

Notes on Naturalisation as a British overseas territories citizen under section 18(1)

Textual amendments

F1

Words in Sch. 1 para. 5 cross-heading substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(b)