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British Nationality Act 1981
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- UK Public General Acts
- 1981 c. 61
- SCHEDULE 1
- Naturalisation as a British...
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Changes over time for: Cross Heading: Naturalisation as a British citizen under section 6(2)
Version Superseded: 28/06/2022
Alternative versions:
- 01/02/1991- Amendment
- 28/07/2004- Amendment
- 05/12/2005- Amendment
- 05/12/2005
Point in time - 28/06/2022- Amendment
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Point in time view as at 05/12/2005. This version of this cross heading contains provisions that are prospective.
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British Nationality Act 1981, Cross Heading: Naturalisation as a British citizen under section 6(2) is up to date with all changes known to be in force on or before 27 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Naturalisation as a British citizen under section 6(2)U.K.
3U.K.Subject to paragraph 4, the requirements for naturalisation as a British citizen under section 6(2) are, in the case of any person who applies for it—
(a)that he was in the United Kingdom at the beginning of the period of three years ending with the date of the application, and that the number of days on which he was absent from the United Kingdom in that period does not exceed 270; and
(b)that the number of days on which he was absent from the United Kingdom in the period of twelve months so ending does not exceed 90; and
(c)that on the date of the application he was not subject under the immigration laws to any restriction on the period for which he might remain in the United Kingdom; and
(d)that he was not at any time in the period of three years ending with the date of the application in the United Kingdom in breach of the immigration laws; and
(e)the [F1requirements specified in paragraph 1(1)(b), (c) and (ca)] .
Textual Amendments
F1Words in Sch. 1 para. 3(e) substituted (28.7.2004) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 2(1)(a), 162 (with s. 159); S.I. 2004/1707, art. 3
4U.K.Paragraph 2 shall apply in relation to paragraph 3 with the following modifications, namely—
(a)the reference to the purposes of paragraph 1 shall be read as a reference to the purposes of paragraph 3;
(b)the references to paragraphs 1(2)(a), 1(2)(b) and 1(2)(d) shall be read as references to paragraphs 3(a), 3(b) and 3(d) respectively;
(c)paragraph 2(c) F2. . . shall be omitted; and
(d)after paragraph (e) there shall be added—
“(f)waive the need to fulfil all or any of the requirements specified in paragraph 3(a) and (b) if on the date of the application the person to whom the applicant is married [F3, or of whom the applicant is the civil partner,] is serving in service to which section 2(1)(b) applies, that person’s recruitment for that service having taken place in the United Kingdom”
Textual Amendments
F2Words in Sch. 1 para. 4(c) omitted (28.7.2004) and repealed (prosp.) by virtue of Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 2(1)(b), 161, 162, Sch. 9 (with s. 159); S.I. 2004/1707, art. 3
F3Words in Sch. 1 para. 4(d) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 78; S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5))
Prospective
[F44A(1)Subject to paragraph 3(5), a person has a qualifying immigration status for the purposes of paragraph 3 if the person has—U.K.
(a)qualifying temporary residence leave based on a relevant family association;
(b)probationary citizenship leave based on a relevant family association;
(c)permanent residence leave based on a relevant family association;
(d)a qualifying CTA entitlement; or
(e)a Commonwealth right of abode.
(2)For the purposes of paragraph 3 and this paragraph, the leave mentioned in sub-paragraph (1)(a), (b) or (c) is based on a relevant family association if it was granted on the basis of the person having a relevant family association.
(3)A person who is required for the purposes of paragraph 3 to have, for the whole of the qualifying period, a qualifying immigration status and a relevant family association need not, for the whole of that period—
(a)have the same qualifying immigration status; or
(b)(subject to paragraph 3(5)) have the same relevant family association.
(4)Where, by virtue of sub-paragraph (3)(a), a person relies upon having more than one qualifying immigration status falling within sub-paragraph (1)(a), (b) or (c)—
(a)subject to paragraph 3(5), it is not necessary that the leave to which each status relates is based on the same relevant family association, and
(b)in a case where paragraph 3(5) applies, the relationship by reference to which the persons referred to in paragraph 3(5) are partners need not be of the same description in respect of each grant of leave.]
Textual Amendments
F4Sch. 1 para. 4A inserted (prosp.) by Borders, Citizenship and Immigration Act 2009 (c. 11), ss. 40(5), 58
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