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The British Nationality (General) (Amendment) Regulations 2019

S.I. 2019/1242 · Made 6 September 2019

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

British Nationality

Made 6th September 2019

Laid before Parliament 9th September 2019

Coming into force 1st October 2019

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 41(1)(ba) of the British Nationality Act 1981f1:

Annotations to the whole text

Footnotes

f1

1981 c. 61; section 41(1)(ba) inserted by ss1(3) of the Nationality, Immigration and Asylum Act 2002 (c. 41).

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendments to the 2003 Regulations
  3. Signature
  4. Explanatory note

1Citation, commencement and interpretation

(1)

These Regulations may be cited as the British Nationality (General) (Amendment) Regulations 2019 and come into force on 1st October 2019.

(2)

In these Regulations, “the 2003 Regulations” means the British Nationality (General) Regulations 2003f1.

2Amendments to the 2003 Regulations

(1)

Regulation 5A (knowledge of language and life in the United Kingdom) of the 2003 Regulationsf1 is amended as follows.

(2)

For paragraph (1)(a) substitute—

“(1)
(a)

has passed a test known as a Secure English Language Test administered by an English language test provider which has been approved by the Secretary of State for this purpose and which-

(i)

is at a level equivalent to level B1 or above on the Council of Europe’s Common European Framework of Reference for Languages: Learning, Teaching, Assessment; and

(ii)

was taken no more than two years before the date of the application for naturalisation; or”.

(3)

In schedule 2A of the 2003 Regulations (Specified English Language Tests . . . and English Speaking Countries) omit paragraph(1)f2.

Signature

Williams of Trafford

Minister of State

Home Office

6th September 2019

Explanatory note

(This note is not part of the Regulations)

The Regulations amend the British Nationality (General) Regulations 2003 (“the 2003 Regulations”), which detail the procedures and requirements relating to applications in connection with British nationality made under the British Nationality Act 1981 (“the 1981 Act”).

Regulation 2 amends regulation 5A of the 2003 Regulations, which sets out how applicants for naturalisation as a British citizen under section 6 of the 1981 Act must demonstrate sufficient knowledge of the English language and life in the United Kingdom. Paragraph 2 amends the 2003 Regulations so that a person will have sufficient knowledge of the English language for the purpose of an application for naturalisation as a British citizen under 6 of the 1981 Act if they have passed a Secure English Language Test which: is at a level equivalent to level B1 or above on the Council of Europe’s Common European Framework of Reference for Languages: Learning, Teaching, Assessment; was taken at an approved English language test provider; and was taken no more than two years before the date of the application for naturalisation. A list of Secure English Language Tests and approved test providers is published on the UK Visas and Immigration pages of Gov.uk. A hard copy is available from the Nationality Policy Team, Home Office, 2 Marsham Street, London SW1P 4DF.

No impact assessment has been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.