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British Nationality Act 1981
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Changes over time for: Section 15
Version Superseded: 30/12/2005
Alternative versions:
- 01/02/1991- Amendment
- 26/02/2002- Amendment
- 26/02/2002
Point in time - 30/12/2005- Amendment
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Point in time view as at 26/02/2002. This version of this provision has been superseded.
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15 Acquisition by birth or adoption.U.K.
(1)A person born in a [F1 British overseas territory] after commencement shall be a [F2British overseas territories citizen] if at the time of the birth his father or mother is—
(a)a [F3British overseas territories citizen] ; or
(b)settled in a [F4 British overseas territory] .
(2)A new-born infant who, after commencement, is found abandoned in a [F4 British overseas territory] shall, unless the contrary is shown, be deemed for the purposes of subsection (1)—
(a)to have been born in that territory after commencement; and
(b)to have been born to a parent who at the time of the birth was a [F3British overseas territories citizen] or settled in a [F4 British overseas territory] .
(3)A person born in a [F4 British overseas territory] after commencement who is not a [F3British overseas territories citizen] by virtue of subsection (1) or (2) shall be entitled to be registered as such a citizen if, while he is a minor—
(a)his father or mother becomes such a citizen or becomes settled in a [F4 British overseas territory] ; and
(b)an application is made for his registration as such a citizen.
(4)A person born in a [F4 British overseas territory] after commencement who is not a [F3British overseas territories citizen] by virtue of subsection (1) or (2) shall be entitled, on an application for his registration as a [F3British overseas territories citizen] made at any time after he has attained the age of ten years, to be registered as such a citizen if, as regards each of the first ten years of that person’s life, the number of days on which he was absent from that territory in that year does not exceed 90.
(5)Where after commencement an order authorising the adoption of a minor who is not a [F3British overseas territories citizen] is made by a court in any [F4 British overseas territory] , he shall be a [F3British overseas territories citizen] as from the date on which the order is made if the adopter or, in the case of a joint adoption, one of the adopters, is a [F3British overseas territories citizen] on that date.
(6)Where an order in consequence of which any person became a [F5British overseas territories citizen] by virtue of subsection (5) ceases to have effect, whether on annulment or otherwise, the cesser shall not affect the status of that person as such a citizen.
(7)If in the special circumstances of any particular case the Secretary of State thinks fit, he may for the purposes of subsection (4) treat the person to whom the application relates as fulfilling the requirements specified in that subsection although, as regards any one or more of the first ten years of that person’s life, the number of days on which he was absent from the [F4 British overseas territory] there mentioned in that year or each of the years in question exceeds 90.
Textual Amendments
F1Words in s. 15 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 1(1)(b)
F2Words in s. 15 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(b)
F3Words in s. 15 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(b)
F4Words in s. 15 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 1(1)(b)
F5Words in s. 15 substituted (26.2.2002) by British Overseas Territories Act 2002 (c. 8), s. 2(2)(b)
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