The British Nationality (British Overseas Territories) Regulations 2007

In these Regulations, unless the context otherwise requires—

• “the Act” means the British Nationality Act 1981;

• “applicant”, in relation to an application made on behalf of a person who is not of full age or capacity, means that person; and

• “High Commissioner” means, in relation to a country mentioned in Schedule 3 to the Act (countries whose citizens are commonwealth citizens)^f1, the High Commissioner for Her Majesty’s Government in the United Kingdom appointed to that country, and includes the acting High Commissioner.

In the application of the provisions of regulation 6(3), where a function of the Secretary of State under the Act is exercised by the Governor of a British overseas territory by virtue of arrangements made under section 43(1) of the Act (exercise of functions of Secretary of State by Governors and others)^f2, any reference in those provisions to the Secretary of State shall be construed as a reference to the Governor.

be made to the appropriate authority specified in regulation 4;

satisfy the requirements of Part 1 of Schedule 1 and, if made on behalf of a person not of full age or capacity, Part 2 of that Schedule; and

satisfy any further requirements specified in relation to that application in Schedule 2.

if the applicant is in Great Britain or Northern Ireland, the Secretary of State for the Home Department;

if the applicant is in any of the Islands, the Lieutenant-Governor;

if the applicant is in a British overseas territory, the Governor;

if the applicant is in a country mentioned in Schedule 3 to the Act, the High Commissioner or, if there is no High Commissioner, the Secretary of State for the Home Department;

if the applicant is elsewhere, any consular officer, any established officer in the Diplomatic Service of Her Majesty’s Government in the United Kingdom or any person authorised by the Secretary of State for that purpose.

the individual’s father or mother;

any person who has assumed responsibility for the individual’s welfare.

This regulation applies where, by virtue of section 42 of the Act (registration and naturalisation: citizenship ceremony, oath and pledge)^f1, an applicant for registration or for a certificate of naturalisation is required to make a citizenship oath or pledge.

The oath or pledge shall be administered in accordance with the requirements of Schedule 3.

Where, following an application by an applicant who is required to make a citizenship oath or pledge, the Secretary of State decides that the registration should be effected or the certificate should be granted—

Any notice required by paragraph (3)(a) shall be given—

full name;

date of birth; and

place and country of birth.

be made to the appropriate authority specified in regulation 9; and

satisfy the requirements of Schedule 4.

if the declarant is in Great Britain or Northern Ireland, the Secretary of State for the Home Department;

if the declarant is in any of the Islands, the Lieutenant-Governor;

if the declarant is in a British overseas territory, the Governor;

if the declarant is in a country mentioned in Schedule 3 to the Act, the High Commissioner or, if there is no High Commissioner, the Secretary of State for the Home Department;

if the declarant is elsewhere, any consular officer, any established officer in the Diplomatic Service of Her Majesty’s Government in the United Kingdom or any person authorised by the Secretary of State for that purpose.

Where a parent, in pursuance of section 17(5)(c) of the Act (acquisition by registration: minors)^f1, consents to the registration of a person as a British overseas territories citizen under that provision, the consent shall be expressed in writing and signed by the parent.

Any consent required to be signified under section 17D(3) of the Act (consent of a person’s natural father and mother, or either of them) must be—

The British Nationality (Dependent Territories) Regulations 1982^f1;

The British Nationality (British Overseas Territories) (Amendment) Regulations 2003^f2;

The British Nationality (British Overseas Territories) (Amendment) (No. 2) Regulations 2003^f3; and

Paragraph 4 of Part 2 of Schedule 13 to the Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005^f4.

state that the application is made on behalf of a person who is not of full age or capacity;

state the name and address of the person who is making the application;

indicate the nature of the connection between the person making the application and the person on whose behalf the application is made; and

where the person making the application has any responsibility, other than as a parent, for the person on whose behalf the application is made, the nature of that responsibility and the manner in which it was assumed.

a reference to a person’s “natural father” is to be construed in accordance with section 17G(1) of the Act^f1;

a reference to a person automatically becoming a citizen of a certain type is to be construed in accordance with section 17G(4) of the Act.

that the applicant’s father or mother became a British overseas territories citizen, or became settled in a British overseas territory, after the applicant’s birth; and

where the applicant is aged 10 or over, that he is of good character.

that the applicant possesses the requisite qualifications in respect of residence; and

that he is of good character.

that the applicant’s father or mother (“the parent in question”) was a British overseas territories citizen by descent at the time of the applicant’s birth;

that the father or mother of the parent in question—

either—

where the applicant is aged 10 or over, that the applicant is of good character.

that the applicant’s father or mother was a British overseas territories citizen by descent at the time of the applicant’s birth;

that the applicant and his father and mother possess the requisite qualifications in respect of residence (as required by section 17(5)(b) and (6) of the Act (acquisition by citizenship by registration: minors)^f1) and, if only one parent possesses the requisite qualifications, the reason for that fact;

that the consent of the applicant’s father and mother (as required by section 17(5)(c) and (6) of the Act (acquisition of citizenship by registration: minors)) has been signified in accordance with regulation 11 and, if the consent of one parent only has been signified, the reason for that fact; and

where the applicant is aged 10 or over, that he is of good character.

that the applicant—

that, if the applicant had become or been a citizen of the United Kingdom and Colonies as mentioned in sub-paragraph (a), the applicant would have become a British Dependent Territories citizen at commencement under section 23(1)(b) or (c) of the Act, and

that, if the applicant had become a British Dependent Territories citizen as mentioned in sub-paragraph (b), the applicant would have become a British overseas territories citizen on the commencement of section 2 of the British Overseas Territories Act 2002.

that the applicant would be entitled to be registered as a British overseas territories citizen under section 15(3) or 17(2) or (5) of, or paragraph 4 or 5 of Schedule 2 to, the Act if the applicant’s mother had been married to the applicant’s natural father at the time of the applicant’s birth, and

where the applicant is aged 10 or over and the provision under which the applicant would be entitled to be registered as a British overseas territories citizen (as mentioned in section 17C(1)(b) of the Act) is section 15(3) or 17(2) or (5) of the Act, that the applicant is of good character.

that the applicant would, at any time in the period after commencement, have automatically become a British Dependent Territories citizen or a British overseas territories citizen at birth by the operation of section 15(1) or 16 of, or paragraph 1 of Schedule 2 to, the Act if the applicant’s mother had been married to the applicant’s natural father at the time of the applicant’s birth,

that, in a case where the applicant would have become a British Dependent Territories citizen as mentioned in sub-paragraph (a), the applicant would then have automatically become a British overseas territories citizen by the operation of section 2 of the British Overseas Territories Act 2002, and

if the applicant is under the age of 18 (but subject to paragraph 6F) that the consent of the applicant’s natural father and mother, or either of them, has been signified in accordance with section 17D(3) and (4) of the Act and regulation 11 and, if the consent of only one of those individuals has been signified, the reason for that.

that the applicant—

that the applicant would then have automatically become a British Dependent Territories citizen at commencement by the operation of section 23 of the Act, if the applicant’s mother had been married to the applicant’s natural father at the time of the applicant’s birth, and

that the applicant would then have automatically become a British overseas territories citizen by the operation of section 2 of the British Overseas Territories Act 2002.

ceased to be a British subject or a citizen of the United Kingdom and Colonies by virtue of the commencement of any independence legislation, but would not have done so if the applicant’s mother been married to the applicant’s natural father at the time of the applicant’s birth,

was a British subject who did not automatically become a citizen of the United Kingdom and Colonies at commencement of the British Nationality Act 1948 by operation of any provision of it, but would have done so if the applicant’s mother had been married to the applicant’s natural father at the time of the applicant’s birth, or

would have automatically become a British subject or citizen of the United Kingdom and Colonies at birth, or by virtue of paragraph 3 of Schedule 3 to the British Nationality Act 1948, if the applicant’s mother had been married to the applicant’s natural father at the time of the applicant’s birth.

historical legislative unfairness,

an act or omission of a public authority, or

exceptional circumstances relating to the applicant.

contain information showing that the applicant is of good character, or

specify why the Secretary of State should not take into account whether the applicant is of good character in considering whether to grant the application.

the application is made on the basis that the applicant would have been able to become a British overseas territories citizen but for a matter mentioned in sub-paragraph (a), (b) or (c) of paragraph 6L, and

the process by which the applicant would have been able to become a British overseas territories citizen would have involved the Secretary of State being required, under section 41A of the Act, to be satisfied that the applicant was of good character.

possesses the requisite qualifications in respect of—

has the requisite intention with respect to residence or occupation in the event of a certificate of naturalisation being granted to him; and

is of full capacity.

is married to, or is the civil partner of, a British overseas territories citizen;

possesses the requisite qualifications in respect of—

is of full capacity.

that the applicant has renounced citizenship of the United Kingdom and Colonies before commencement;

that at the time when he renounced it, the applicant was, or was about to become, a citizen of a country mentioned immediately before commencement in section 1(3) of the British Nationality Act 1948^f1;

that the applicant could not have remained or become such a citizen but for renouncing it or had reasonable cause to believe that he would be deprived of his citizenship of that country unless he renounced it;

that the applicant possessed the requisite qualifying connection with a British overseas territory immediately before commencement or was married before commencement to a person who possessed the requisite qualifying connection with a British overseas territory immediately before commencement or who would if living have possessed such a connection;

that the applicant has not previously been registered under section 22(1) of the Act (right to registration replacing right to resume citizenship of UK and Colonies)^f2; and

where the applicant is aged 10 or over, that he is of good character.

that the applicant has renounced citizenship of the United Kingdom and Colonies before commencement and his reason for doing so;

that the applicant possesses the requisite qualifying connection with a British overseas territory or has been married to, or has been the civil partner of, a person who has, or would if living have, such a connection;

where the applicant is aged 10 or over, that he is of good character; and

that the applicant is of full capacity.

that the applicant has renounced British overseas territories citizenship;

that, at the time when he renounced it, the applicant had or was about to acquire some other citizenship or nationality;

that the renunciation of British overseas territories citizenship was necessary to enable him to retain or acquire that other citizenship or nationality;

that the applicant had not previously been registered under section 13(1) of the Act (resumption of citizenship) as applied by section 24 of that Act (renunciation and resumption of British overseas territories citizenship)^f1;

where the applicant is aged 10 or over, that he is of good character; and

that the applicant is of full capacity.

that the applicant has renounced British overseas territories citizenship and his reason for so doing;

where the applicant is aged 10 or over, that he is of good character; and

that the applicant is of full capacity.

that the applicant is and always has been stateless;

that the applicant seeks British overseas territories citizenship and possesses the requisite qualifications in respect of residence.

that the applicant is and always has been stateless,

that the applicant seeks British overseas territories citizenship and possesses the requisite qualifications in respect of residence, and

that the applicant is unable to acquire another nationality in accordance with paragraph 22B.

the nationality is the same as that of one of the person’s parents,

the person has been entitled to acquire the nationality since birth, and

in all the circumstances, it is reasonable to expect the person (or someone acting on the person’s behalf) to take the steps which would enable the person to acquire the nationality in question.

that the applicant is and always has been stateless;

that the father or mother of the applicant was a British overseas territories citizen at the time of the applicant’s birth; and

that the applicant seeks British overseas territories citizenship and possesses the requisite qualifications in respect of residence.

that the applicant is and always has been stateless;

if he was not born at a place which is, at the date of the application, within the United Kingdom and British overseas territories—

that the applicant seeks British overseas territories citizenship and that that citizenship is available to the applicant in accordance with paragraph 5(2) of Schedule 2 to the Act.

in England and Wales F1, a registrar, any justice of the peace, commissioner for oaths or notary public;

in Scotland, F2a registrar, any sheriff principal, sheriff, justice of the peace or notary public;

in Northern Ireland, any justice of the peace, commissioner for oaths, notary public, or a person authorised by the Secretary of State;

in the Channel Islands, the Isle of Man or any British overseas territory—

in any country mentioned in Schedule 3 to the Act of which Her Majesty is Queen, or in any territory administered by the government of any such country—

elsewhere—

is a British overseas territories citizen;

is of full age or, if not, has been married or has been a civil partner;

is of full capacity; and

will, after the registration of the declaration, have or acquire some citizenship or nationality other than British overseas territories citizenship.