Explanatory note
(This note is not part of the Regulations)
These Regulations amend the British Nationality (General) Regulations 2003 (the “2003 Regulations”) and the Immigration and Nationality (Fees) Regulations 2018 (the “2018 Regulations”).
The 2003 Regulations set out the procedures and requirements relating to applications in connection with British nationality made under the British Nationality Act 1981 (the “1981 Act”). In particular, regulation 5A sets out the circumstances in which an applicant for naturalisation as a British citizen under section 6 of the 1981 Act is to be taken to have sufficient knowledge of the English language and about life in the United Kingdom for the purposes of the application. The 2018 Regulations specify the fees relating to immigration, nationality and associated functions.
The Home Office has set up a scheme, the Windrush Scheme, to deal with requests concerning the immigration or British nationality status of certain people who arrived in the United Kingdom before 1st January 1973, as well as people who arrived between that date and 31st December 1988. These Regulations make provision in connection with that scheme.
Regulations 2 and 3 amend the 2003 Regulations to provide that certain categories of persons applying for British citizenship under the Windrush Scheme (defined, broadly, by reference to their nationality and immigration status), are to be taken to have sufficient knowledge of English and of life in the United Kingdom for naturalisation purposes.
Regulations 4 and 5 amend the 2018 Regulations to confer power on the Secretary of State to waive any fee specified in those Regulations which would otherwise be payable by a person for or in connection with an application made under the Windrush Scheme.
Hard copies of the Windrush Scheme can be obtained from the Home Office, Fees and Income Planning Team, Corporate Services - Financial Planning Unit, 8th Floor, Southern House, Wellesley Grove, Croydon CR0 1XG.
An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.