Page:British Nationality Act 1981.pdf/12

Part I

(3) On an application for her registration as a British citizen made within five years after commencement by a woman who at the time of the application is married, the Secretary of State may, if he thinks fit, cause her to be registered as such a citizen if—

(a) immediately before commencement she would (if she had applied for it) have been entitled under section 6(2) of the 1948 Act to be registered as a citizen of the United Kingdom and Colonies by virtue of her being or having been married to the man who is her husband on the date of the application under this subsection; and

(b) that man either—

(i) became a British citizen at commencement but has ceased to be such a citizen as a result of a declaration of renunciation; or

(ii) would have become a British citizen at commencement but for his having ceased to be a citizen of the United Kingdom and Colonies as a result of a declaration of renunciation.

Right to registration by virtue of father’s citizenship etc. 9.—(1) A person born in a foreign country within five years after commencement shall be entitled, on an application for his registration as a British citizen made within the period of twelve months from the date of the birth, to be registered as such a citizen if—

(a) the requirements specified in subsection (2) are fulfilled in the case of that person’s father; and

(b) had that person been born before commencement and become a citizen of the United Kingdom and Colonies by virtue of section 5 of the 1948 Act (citizenship by descent) as a result of the registration of his birth at a United Kingdom consulate under paragraph (b) of the proviso to section 5(1) of that Act, he would immediately before commencement have had the right of abode in the United Kingdom by virtue of section 2(1)(b) of the 1971 c. 77.Immigration Act 1971 as then in force (connection with United Kingdom through parent or grandparent).

(2) The requirements referred to in subsection (1)(a) are that the father of the person to whom the application relates—

(a) immediately before commencement or at his death (whichever was earlier)—

(i) was a citizen of the United Kingdom and Colonies by virtue of section 5 of the 1948 Act (citizenship by descent) or was a person who, under any

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