Moved by
Baroness Williams of Trafford
5: Schedule 1, page 86, line 6, leave out from beginning to “in” in line 7 and insert—
“(1) Section 4 (acquisition by registration: British overseas territories citizens etc) is amended as follows.
(2) ”
Member’s explanatory statement
This amendment is consequential on the amendment in the name of Baroness Williams of Trafford at page 86, line 16.
6: Schedule 1, page 86, line 16, at end insert—
“(3) After subsection (4) insert—
“(4A) Subsection (4B) applies where, on an application for registration as a British citizen made by a person to whom this section applies, the applicant has indefinite leave to enter or remain in the United Kingdom.
(4B) The Secretary of State may for the purposes of subsection (2) treat the applicant as fulfilling the requirement specified in subsection (2)(d), without enquiring into whether or not the applicant was in the United Kingdom in breach of the immigration laws in the period there mentioned.
(4C) The reference in subsection (4A) to having indefinite leave to enter or remain is to be construed in accordance with the Immigration Act 1971.””
Member’s explanatory statement
This amendment would provide that, for applications for citizenship under section 4 of BNA 1981 where the applicant has indefinite leave, the Secretary of State may without further enquiry treat the applicant as fulfilling the requirement not to have been in the United Kingdom in breach of the immigration laws.
7: Schedule 1, page 86, line 27, at end insert—
“(ba) after that sub-paragraph insert—
“(1A) Sub-paragraph (1B) applies where the applicant has indefinite leave to enter or remain in the United Kingdom.
(1B) The Secretary of State may for the purposes of paragraph 1 treat the applicant as fulfilling the requirement specified in paragraph 1(2)(d), without enquiring into whether or not the applicant was in the United Kingdom in breach of the immigration laws in the period there mentioned.
(1C) The reference in sub-paragraph (1A) to having indefinite leave to enter or remain is to be construed in accordance with the Immigration Act 1971.”;”
Member’s explanatory statement
This amendment would provide that, for applications for citizenship under section 6 of BNA 1981 where the applicant has indefinite leave, the Secretary of State may without further enquiry treat the applicant as fulfilling the requirement not to have been in the United Kingdom in breach of the immigration laws.
8: Schedule 1, page 86, line 28, at end insert—
“(2A) In paragraph 4, in paragraph (a)—
(a) for “the reference” substitute “the references”;
(b) for “a reference” substitute “references”.”
Member’s explanatory statement
This amendment is consequential on the amendment in the name of Baroness Williams of Trafford at page 86, line 27.
9: Schedule 1, page 86, line 30, at end insert—
“(za) the existing text becomes sub-paragraph (1);”
Member’s explanatory statement
This amendment is consequential on the amendment in the name of Baroness Williams of Trafford at page 86, line 38.
10: Schedule 1, page 86, line 31, after “(a)” insert “of that sub-paragraph”
Member’s explanatory statement
This amendment is consequential on the amendment in the name of Baroness Williams of Trafford at page 86, line 38.
11: Schedule 1, page 86, line 36, after “(a)” insert “of that sub-paragraph”
Member’s explanatory statement
This amendment is consequential on the amendment in the name of Baroness Williams of Trafford at page 86, line 38.
12: Schedule 1, page 86, line 38, at end insert—
“(c) after that sub-paragraph insert—
“(2) Sub-paragraph (3) applies where the applicant has indefinite leave to enter or remain in the relevant territory.
(3) The Secretary of State may for the purposes of paragraph 5 treat the applicant as fulfilling the requirement specified in paragraph 5(2)(d), without enquiring into whether or not the applicant was in the relevant territory in breach of the immigration laws in the period there mentioned.
(4) The reference in sub-paragraph (2) to having indefinite leave to enter or remain is to be construed as a reference to any status formally granted under the immigration laws in force in the relevant territory which is broadly equivalent to the status of having indefinite leave to enter or remain under the Immigration Act 1971.””
Member’s explanatory statement
This amendment would provide that, for applications for citizenship under section 18 of BNA 1981 where the applicant has indefinite leave to enter or remain in the relevant territory, the Secretary of State may without further enquiry treat the applicant as fulfilling the requirement not to have been in the relevant territory in breach of the immigration laws.
13: Schedule 1, page 86, line 38, at end insert—
“(4) In paragraph 8, in paragraph (a)—
(a) for “the reference” substitute “the references”;
(b) for “a reference” substitute “references”.”
Member’s explanatory statement
This amendment is consequential on the other amendment in the name of Baroness Williams of Trafford at page 86, line 38.