OpenLegislation

Paragraph 19A F1

(1)

An application under paragraph 3A of Schedule 2 to the Act must contain information showing—

(a)

that the applicant is and always has been stateless,

(b)

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

(c)

that the applicant is unable to acquire another nationality in accordance with sub-paragraph (2).

(2)

A person is able to acquire a nationality in accordance with this sub-paragraph if—

(a)

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

(b)

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

(c)

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.

(3)

For the purposes of sub-paragraph (2)(b), a person is not entitled to acquire a nationality if its acquisition is conditional on the exercise of a discretion on the part of the country or territory in question.

(4)

If the applicant does not possess the requisite qualifications in respect of residence and it is desired that the application should nevertheless be considered under paragraph 6 of Schedule 2 to the Act, the application must specify the special considerations to be taken into consideration.

Annotations

Textual amendments

F1

Sch. 2 para. 19A and cross-heading inserted (28.6.2022) by The British Nationality (General, British Overseas Territories and Fees) (Amendment) Regulations 2022 (S.I. 2022/602), regs. 1(2), 2(2)(d)