Paragraph 2 CitizenshipF1

(1)

A person who is not—

(a)

a British citizen,

(b)

a qualifying Commonwealth citizen,

(c)

a qualifying foreign citizen,

(d)

a citizen of the Republic of Ireland, or

(e)

a citizen of the European Union who is resident in the United Kingdom.

(2)

For the purposes of sub-paragraph (1), a person is a qualifying Commonwealth citizen if that person is a Commonwealth citizen who either—

(a)

is not a person who requires leave under the Immigration Act 1971 (c. 77) to enter or remain in the United Kingdom, or

(b)

is such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) indefinite leave to remain within the meaning of that Act.

(3)

For the purposes of sub-paragraph (1), a qualifying foreign citizen is a person resident in the United Kingdom who—

(a)

is not a Commonwealth citizen, a citizen of the Republic of Ireland or a citizen of the European Union, and

(b)

either—

(i)

is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom, or

(ii)

is such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) indefinite leave to remain within the meaning of that Act.

(4)

But a person is not a qualifying Commonwealth citizen by virtue of sub-paragraph (2)(a) or a qualifying foreign citizen by virtue of sub-paragraph (3)(b)(i) if that person does not require leave to enter or remain in the United Kingdom by virtue only of section 8 of the Immigration Act 1971 (exceptions to requirement for leave in special cases).

Annotations

Textual amendments

F1: Sch. 1A inserted (15.1.2020 with effect for the purposes of a Senedd election at which the poll is held on or after 5.4.2021) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(1)(c), Sch. 3