Page:Immigration Act 1971 (UKPGA 1971-77 qp).pdf/5

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Immigration Act 1971
c. 773

Part I

(d) he is a Commonwealth citizen born to or legally adopted by a parent who at the time of the birth or adoption had citizenship of the United Kingdom and Colonies by his birth in the United Kingdom or in any of the Islands.

(2) A woman is under this Act also to have the right of abode in the United Kingdom if she is a Commonwealth citizen and either—

(a) is the wife of any such citizen of the United Kingdom and Colonies as is mentioned in subsection (1)(a), (b) or (c) above or any such Commonwealth citizen as is mentioned in subsection (1)(d); or
(b) has at any time been the wife—
(i) of a person then being such a citizen of the United Kingdom and Colonies or Commonwealth citizen; or
(ii) of a British subject who but for his death would on the date of commencement of the 1948 c. 56.British Nationality Act 1948 have been such a citizen of the United Kingdom and Colonies as is mentioned in subsection (1)(a) or (b);

but in subsection (1)(a) and (b) above references to registration as a citizen of the United Kingdom and Colonies shall not, in the case of a woman, include registration after the passing of this Act under or by virtue of section 6(2) (wives) of the British Nationality Act 1948 unless she is so registered by virtue of her marriage to a citizen of the United Kingdom and Colonies before the passing of this Act.

(3) In relation to the parent a child born after the parent’s death, references in subsection (1) above to the time of the child's birth shall be replaced by references to the time of the parent’s death; and for purposes of that subsection—

(a) “parent” includes the mother of an illegitimate child; and
(b) references to birth in the United Kingdom shall include birth on a ship or aircraft registered in the United Kingdom, or on an unregistered ship or aircraft of the Government of the United Kingdom, and similarly with references to birth in any of the Islands; and
(c) references to citizenship of the United Kingdom and Colonies shall, in relation to a time before the year 1949, be construed as references to British nationality and, in relation to British nationality and to a time

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