BRITISH NATIONALITY PART I GENERAL Citation and commencement 1 These Regulations may be cited as the British Nationality (General) Regulations 2003 and shall come into force on 1st April 2003. Interpretation 2 1 In these Regulations, the following expressions have the meanings hereby assigned to them, that is to say— “ the Act ” means the British Nationality Act 1981; “ applicant ” in relation to an application made on behalf of a person not of full age or capacity means that person; ... “ High Commissioner ” means, in relation to a country mentioned in Schedule 3 to the Act , the High Commissioner for Her Majesty’s Government in the United Kingdom appointed to that country, and includes the acting High Commissioner. “immigration rules” means rules made under section 3(2) of the Immigration Act 1971; ... ... ... 2 In the application of the provisions of regulation 6(2) , 6(3), 6A(1), (3) and (5), paragraph 3 of Schedule 3 ... where a function of the Secretary of State under the Act is exercised by the Lieutenant-Governor of any of the Islands by virtue of arrangements made under section 43(1) of the Act , any reference in those provisions to the Secretary of State shall be construed as a reference to the Lieutenant-Governor. PART II REGISTRATION AND NATURALISATION Applications 3 Any application for registration as a British citizen, British Overseas citizen or British subject or for a certificate of naturalisation as a British citizen shall— a be made to the appropriate authority specified in regulation 4; and b satisfy the requirements of Part 1 of Schedule 1 and any applicable requirements of Part II or III of Schedule 1 and such further requirements, if any, as are specified in relation thereto in Schedule 2. Authority to whom application is to be made 4 1 Except as provided by paragraphs (2) and (3), the authority to whom an application is to be made is as follows: a if the applicant is in Great Britain or Northern Ireland, to the Secretary of State at the Home Office; b if the applicant is in any of the Islands, to the Lieutenant-Governor; c if the applicant is in a British overseas territory, to the Governor; d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e if the applicant is elsewhere, to the Secretary of State at the Home Office. 2 The authority to whom an application under section 4(5) of the Act (acquisition by registration: British overseas territories citizens, etc), on grounds of Crown Service under the government of a British overseas territory or service as a member of a body established by law in a British overseas territory, is to be made is in all cases the Governor of that territory. 3 The authority to whom an application under section 5 of the Act (acquisition by registration: British overseas territories citizens having connection with Gibraltar) is to be made is in all cases the Governor of Gibraltar. Persons not of full age or capacity 5 An application may be made on behalf of someone not of full age or capacity by his father or mother or any person who has assumed responsibility for his welfare. Knowledge of language and life in the United Kingdom 5A 1 Subject to paragraph (1A), a person has sufficient knowledge of the English language for the purpose of an application for naturalisation as a British citizen under section 6 of the Act if that person— a has passed a test known as a Secure English Language Test administered by an English language test provider which has been approved by the Secretary of State for this purpose and which- i is at a level equivalent to level B1 or above on the Council of Europe’s Common European Framework of Reference for Languages: Learning, Teaching, Assessment; and ii was taken no more than two years before the date of the application for naturalisation; or b possesses an academic qualification deemed by UK NARIC to meet the recognised standard of a Bachelor’s or Master’s degree or PhD in the United Kingdom and— i UK NARIC has confirmed that the qualification was taught or, as the case may be, researched in English; or ii the qualification was taught or, as the case may be, researched in an English speaking country specified in Schedule 2A other than Canada; or c is ordinarily resident outside the United Kingdom and a person designated by the Secretary of State certifies in writing that the person has sufficient knowledge of the English language for the purpose of an application for naturalisation; or d satisfied the Secretary of State when making a successful application for indefinite leave to remain within the meaning of section 33(1) of the Immigration Act 1971 that he or she possessed a qualification or had passed a test in English at a level equivalent to Level B1 or above on the Council of Europe’s Common European Framework of Reference for Languages: Learning, Teaching, Assessment; or e is a national of an English speaking country specified in Schedule 2A ; or f is a relevant pre-1973 entrant; or g is not within sub-paragraph (f) but is an eligible child of a pre-1973 entrant. 1A Where the Secretary of State has reasonable grounds to suspect that a person used deception in relation to a test or qualification mentioned in sub-paragraph (a), (b) or (d) of paragraph (1) and relied upon by that person in his or her application for naturalisation, the Secretary of State may— a disregard that test or qualification; and b require that person to take or (as the case may be) retake and pass a test specified in Schedule 2A for the purpose of demonstrating that he or she has sufficient knowledge of the English language. 2 Subject to paragraph (3), a person has sufficient knowledge about life in the United Kingdom for the purpose of an application for naturalisation as a British citizen under section 6 of the Act if that person— a has passed the test known as the “Life in the UK Test” administered by an educational institution or other person approved for this purpose by the Secretary of State or the Lieutenant Governor of the Isle of Man; or b has passed the test known as the “Citizenship Test” administered by an educational institution or other person approved for this purpose by the Lieutenant Governor of Guernsey or Jersey; or c is ordinarily resident outside the United Kingdom and a person designated by the Secretary of State certifies in writing that the person has sufficient knowledge about life in the United Kingdom for the purpose of an application for naturalisation ; or d is a relevant pre-1973 entrant; or e is not within sub-paragraph (d) but is an eligible child of a pre-1973 entrant. 3 Where the Secretary of State has reasonable grounds to suspect that a person used deception in relation to a test mentioned in sub-paragraph (a) or (b) of paragraph (2) and relied upon by that person in his or her application for naturalisation, the Secretary of State may— a disregard that test; and b require that person to retake and pass the test mentioned in sub-paragraph (a) or (b) of paragraph (2) for the purpose of demonstrating that he or she has sufficient knowledge about life in the United Kingdom. 4 In this regulation “relevant pre-1973 entrant” means a person who is within paragraph (5) or (6). 5 A person is within this paragraph if the person— a held indefinite leave to enter or remain in the United Kingdom or any of the Islands within the meaning of section 33(1) of the Immigration Act 1971 as at 1st January 1973; and aa holds such leave (whether or not that leave has been held continuously since 1st January 1973); and b was, on 1st January 1973— i a national of a country specified in Schedule 2B (certain members of the Commonwealth and British overseas territories etc. ); ii a citizen of the United Kingdom and Colonies by virtue of a connection with a country or territory specified in that Schedule; or iii a British subject without citizenship (see sections 13 and 16 of the British Nationality Act 1948 as then in force). 6 A person is within this paragraph if the person— a has the right of abode in the United Kingdom or any of the Islands by virtue of section 2(1)(b) of the Immigration Act 1971 (certain Commonwealth citizens with the right of abode); b was, on 1st January 1973, ordinarily resident in the United Kingdom or any of the Islands; and c has strong ties with the United Kingdom or any of the Islands. 7 For the purposes of this regulation, a person (“C”) is an eligible child of a pre-1973 entrant if C— a is the child (including an adopted child) of— i a person who is (or was at the time of their death) a relevant pre-1973 entrant; ii a person who is (or was at the time of their death) a British citizen and was, immediately before they became a British citizen, a relevant pre-1973 entrant; ... iii a pre-1973 deceased entrant; or iv a person who would be (or would have been at the time of their death) a relevant pre-1973 entrant but for a subsequent lapse in their indefinite leave to enter or remain in the United Kingdom or any of the Islands; b was born outside the United Kingdom and the Islands; c entered the United Kingdom or any of the Islands on or after 1st January 1973 and was, at the time of entry, under the age of 18; and d is settled in the United Kingdom or any of the Islands and has, since C’s entry as mentioned in sub-paragraph (c), been ordinarily resident in the United Kingdom or any of the Islands. 8 In paragraph (7) “pre-1973 deceased entrant” means a person who— a died before 1st January 1973; b was settled in the United Kingdom or any of the Islands before their death; and c was, immediately before they died— i a national of a country specified in Schedule 2B; ii a citizen of the United Kingdom and Colonies by virtue of a connection with a country or territory specified in that Schedule; or iii a British subject without citizenship. 9 In paragraphs (5) to (8) “the United Kingdom” means England and Wales, Scotland and Northern Ireland. 10 For the purposes of this regulation, a reference to a country or territory in Schedule 2B includes a reference to any former country or territory which forms part of the country or territory concerned. Citizenship oaths and pledges 6 1 Where a citizenship oath or pledge is required by section 42 of the Act to be made by an applicant for registration or for a certificate of naturalisation, it shall be administered in accordance with the requirements of Schedule 3. 2 If, on an application for registration or for a certificate of naturalisation by an applicant who is required to make a citizenship oath or pledge, the Secretary of State decides that the registration should be effected or the certificate should be granted, he shall cause notice in writing of the decision to be given to the applicant. 3 The requirement to make a citizenship oath or pledge shall be satisfied within three months of the giving of the notice referred to in paragraph (2) or such longer time as the Secretary of State may allow. 4 Any notice required by paragraph (2) to be given to an applicant may be given— a in any case where the applicant’s whereabouts are known, by causing the notice to be delivered to him personally or by sending it to him by post; b in a case where the applicant’s whereabouts are not known, by sending it by post in a letter addressed to him at his last known address. 5 In this regulation, references to the requirement to make a citizenship oath or pledge include the requirement to make a citizenship oath and pledge at a citizenship ceremony. Arrangements for, and conduct of, citizenship ceremonies 6A 1 The Secretary of State may designate or authorise a person to exercise a function (which may include a discretion) in connection with a citizenship ceremony or a citizenship oath or pledge, and the reference in paragraph (3)(b) to “designated person” shall be construed accordingly. 2 Each local authority (within the meaning of section 41(3B) of the Act) shall— a make available, or make arrangements for, premises at which citizenship ceremonies may be conducted; and b arrange for citizenship ceremonies to be conducted with sufficient frequency so as to enable applicants in their area who are required to make a citizenship oath and pledge at a citizenship ceremony to meet the time limit laid down by regulation 6(3). 3 Where an applicant is required by section 42 of the Act to make a citizenship oath and pledge at a citizenship ceremony, the Secretary of State shall— a issue to the applicant an invitation in writing to attend a citizenship ceremony (a “ceremony invitation”); b notify the applicant of the local authority or designated person which the applicant should contact to arrange attendance at a citizenship ceremony (the “relevant authority”); and c notify the relevant authority of his decision in relation to the applicant. 4 An applicant who has arranged attendance at a citizenship ceremony shall bring with him to the ceremony his ceremony invitation; and if the applicant fails to do so, the person conducting the ceremony may refuse admittance to, or participation in, the ceremony if he is not reasonably satisfied as to the identity of the applicant. 5 Where an applicant makes the relevant citizenship oath and pledge at a citizenship ceremony as required by section 42 of the Act— a the person conducting the ceremony shall grant to the applicant a certificate of registration or naturalisation, duly dated with the date of the ceremony; and b the relevant authority shall notify the Secretary of State in writing within 14 days of the date of the ceremony that the applicant has made the relevant citizenship oath and pledge at a citizenship ceremony and the date on which the ceremony took place. 6 In this regulation, “the person conducting the ceremony” is the person who administers the citizenship oath and pledge at the citizenship ceremony in accordance with paragraph 3 of Schedule 3. Certificates of naturalisation 7 A certificate of naturalisation shall include the following information relating to the person to whom the certificate is being granted— a full name; b date of birth; and c place and country of birth. PART IIA Biometric Information and Citizenship Provision of biometric information with citizenship applications 7A 1 Subject to regulation 7B, where an individual makes an application for registration or naturalisation as a British citizen, an authorised person may require the individual to provide biometric information. 2 Where an authorised person requires an individual to provide biometric information in accordance with paragraph (1), the individual must provide it. Applicants under the age of sixteen 7B 1 An applicant under the age of sixteen (“the child”) must not be required to provide biometric information in accordance with regulation 7A except where the authorised person is satisfied that the biometric information will be taken in the presence of a person aged eighteen or over who is— a the child’s parent or guardian; or b a person who for the time being takes responsibility for the child. 2 The person mentioned in paragraph (1)(b) may not be— a an authorised person or any officer of the Secretary of State; b any other person acting on behalf of an authorised person as part of a process specified under regulation 7C(1)(a) or (c). 3 An authorised person shall not require an applicant under the age of sixteen to provide biometric information unless the decision to do so has been confirmed by a person designated for the purpose by the Secretary of State. 4 This regulation does not apply if the authorised person reasonably believes that the applicant whose biometric information is to be taken is aged sixteen or over. Process by which an individual’s biometric information may be obtained and recorded 7C 1 An authorised person who requires an individual to provide a record of the individual’s fingerprints or a photograph of the individual’s face under regulation 7A may do any one or more of the following— a require the individual to make an appointment before a specified date, which the individual must attend, to enable a record of the individual’s fingerprints or a photograph of the individual’s face to be taken by an authorised person or by a person acting on behalf of an authorised person; b specify the date, time and place for the appointment; c require the individual to attend premises before a specified date to enable a record of the individual’s fingerprints or a photograph of the individual’s face to be taken by an authorised person or by a person acting on behalf of an authorised person; and d specify any documents which the individual must bring to the appointment or premises, or action which the individual must take to confirm the individual’s identity. 2 An authorised person may require a record of fingerprints or photograph to be of a particular specification. 3 Where an authorised person requires an individual to submit to any requirement in accordance with paragraph (1), the individual must submit to it. Consequences of a failure to comply with a requirement of these Regulations 7D Where an individual who is required to provide biometric information as part of an application for registration or naturalisation as a British citizen fails to comply with the process, or combination of processes, required by an authorised person in accordance with regulation 7C, the Secretary of State may treat the individual’s application as invalid. Use and retention of biometric information 7E 1 Biometric information provided in accordance with these Regulations may be retained only if the Secretary of State thinks that it is necessary to retain it for use in connection with— a the exercise of a function by virtue of the Immigration Acts; or b the exercise of a function in relation to nationality. 2 Biometric information retained by virtue of paragraph (1) may also be used— a in connection with the prevention, investigation or prosecution of an offence; b for a purpose which appears to the Secretary of State to be required in order to protect national security; c in connection with identifying persons who have died, or are suffering from illness or injury; and d for the purpose of ascertaining whether a person has acted unlawfully, or has obtained or sought anything to which the person is not legally entitled; ... e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power to use and retain existing biometric information 7EA 1 This regulation applies where— a a person makes an application for registration or naturalisation as a British citizen; and b the Secretary of State already has a record of the person’s fingerprints or a photograph of the person’s face in their possession (for whatever reason). 2 Where this regulation applies, the Secretary of State may use or retain that information for the purposes of these Regulations. Destruction of biometric information 7F 1 The Secretary of State must take all reasonable steps to ensure that biometric information held by the Secretary of State by virtue of these Regulations, including any copies, is destroyed if the Secretary of State— a no longer thinks that it is necessary to retain the information for use as mentioned in regulation 7E(1); or b subject to the exception in paragraph (2), is satisfied that the person to whom the information relates is a British citizen, or a Commonwealth citizen who has a right of abode in the United Kingdom as a result of section 2(1)(b) of the Immigration Act 1971. 2 The exception is that photographs of a person who is registered or naturalised as a British citizen may be retained until the person is issued with a United Kingdom passport describing the person as a British citizen. Retention of fingerprints 7G 1 Save where regulation 7F applies and subject to paragraphs (2) and (3), the Secretary of State must take all reasonable steps to ensure that any record of a person’s fingerprints held by the Secretary of State by virtue of these Regulations, including any copies, is destroyed at the end of the period of 15 years beginning with — a the date on which the fingerprints were provided; or b the date on which they are reused in connection with a relevant application made by the person, whichever is the later. 2 But fingerprints can be held beyond that period if they are— a the fingerprints of a person who is, or at any time has been, subject to a deportation order, exclusion order or decision to exclude; b the fingerprints of a person who can be, or at any time could have been, refused entry clearance or leave to enter for a period specified in the immigration rules because of a previous breach of the United Kingdom’s immigration laws; c fingerprints that the Secretary of State deems it necessary for national security reasons to retain for use in connection with one of the functions specified in regulation 7E(1); d the fingerprints of a person with indefinite leave to enter or remain in the United Kingdom; or e the fingerprints of a person whose indefinite leave to enter or remain in the United Kingdom lapses, is revoked or is cancelled, in which case they must be destroyed by the Secretary of State at the end of ten years beginning with the date of the lapse, revocation or cancellation (as the case may be); ... f . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 The Secretary of State is only required to take steps to destroy, pursuant to paragraph (2)(e) ..., the fingerprints of a person whose leave has lapsed ... on the application, supported by evidence to the satisfaction of the Secretary of State, of that person. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 A relevant application for the purposes of paragraph (1) is an application for— a entry clearance; b leave to enter; c leave to remain; or d registration or naturalisation as a British citizen. Destruction etc. of electronic data 7H 1 The Secretary of State must take all reasonable steps to ensure— a that data held in electronic form which relates to biometric information which has to be destroyed by virtue of these Regulations is destroyed or erased; or b that access to such data is blocked. 2 A person whose biometric information has to be destroyed by virtue of these Regulations is entitled, on written request, to a certificate issued by the Secretary of State to the effect that the Secretary of State has taken the steps required by paragraph (1). 3 A certificate issued under paragraph (2) must be issued within the period of 3 months beginning with the date on which the request for it is received by the Secretary of State. Biometric information: retention under another power 71 The requirements in these Regulations to destroy biometric information or data do not apply if and in so far as the information or data is retained in accordance with and for the purposes of another power. PART III RENUNCIATION AND DEPRIVATION Declarations of renunciation 8 Any declaration of renunciation of British citizenship, British Overseas citizenship or the status of a British subject shall— a be made to the appropriate authority specified in regulation 9; and b satisfy the requirements of Schedule 5. Authority to whom declaration of renunciation is to be made 9 The authority to whom a declaration of renunciation is to be made is as follows: a if the declarant is in Great Britain or Northern Ireland, to the Secretary of State at the Home Office; b if the declarant is in any of the Islands, to the Lieutenant-Governor; c if the declarant is in a British overseas territory, to the Governor; d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e if the declarant is elsewhere, to the Secretary of State at the Home Office. Notice of proposed deprivation of citizenship 10 1 Where it is proposed to make an order under section 40 of the Act depriving a person of a citizenship status, the notice required by section 40(5) of the Act to be given to the person may be— a given to the person by hand; b sent by fax; c sent by email; d sent by courier; e sent by document exchange; f sent by post, whether or not delivery or receipt is recorded; or g sent by any of the means set out at (b) to (f) to— i the person’s representative; or ii if the person is under 18, their parent or guardian. 2 Where the notice is sent under paragraph (1)(b), it must be sent to a number provided by the person or the person’s representative. 3 Where the notice is sent under any one or more of paragraphs (1)(c) to (g), it must be sent— a to the address for correspondence provided by the person or the person’s representative; or b where no such address has been provided, the person’s last known address or the address of their representative. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 A notice required to be given by section 40(5) of the Act is, unless the contrary is proved, deemed to have been given— a where the notice is sent by fax, when it is sent; b where the notice is sent by email, when it is sent; c where the notice is sent by document exchange, on the day after the day on which it is sent; d where the notice is sent by post from and to a place within the United Kingdom, on the second day after the day on which it is sent; e where the notice is sent by post from or to a place outside the United Kingdom, on the twenty-eighth day after the day on which it is sent; f where the notice is sent by post where delivery or receipt is recorded, when the notice is recorded as having been delivered or received; g in any other case on the day on which the notice is delivered. 6 In this regulation “representative” is a person who appears to the Secretary of State to be representing the person to whom the notice under section 40(5) of the Act is required to be given, and, where the notice is sent to the person’s representative by any of the means set out in paragraph (1), it is deemed to have been served on the person in accordance with that section. 7 In this regulation— “document exchange” means a document exchange providing a system of delivery of documents by reference to numbered boxes at document exchanges; and “fax” means the making of a facsimile copy of a document by the transmission of electronic signals. Cancellation of registration of person deprived of citizenship 11 Where an order has been made depriving a person who has a citizenship status by virtue of registration (whether under the Act or under the former nationality Acts) of that citizenship status, the name of that person shall be removed from the relevant register. Cancellation of certificate of naturalisation in case of deprivation of citizenship 12 Where an order has been made depriving a person who has a citizenship status by virtue of the grant of a certificate of naturalisation (whether under the Act or under the former nationality Acts) of that citizenship status, the person so deprived or any other person in possession of the relevant certificate of naturalisation shall, if required by notice in writing given by the authority by whom the order was made, deliver up the said certificate to such person, and within such time, as may be specified in the notice; and the said certificate shall thereupon be cancelled or amended. PART IV SUPPLEMENTAL Evidence 13 A document may be certified to be a true copy of a document for the purpose of section 45(2) of the Act by means of a statement in writing to that effect signed by a person authorised by the Secretary of State, the Lieutenant-Governor, the High Commissioner or the Governor in that behalf. Manner of signifying parental consent to registration 14 Where a parent, in pursuance of section 3(5)(c) or 4D(3) or 4G(3) of the Act , consents to the registration of a person as a British citizen under subsection 3(5) or section 4D or 4G , the consent shall be expressed in writing and signed by the parent. Revocation 15 The British Nationality (General) Regulations 1982 are hereby revoked. Beverley Hughes Minister of State Home Office