The British Nationality (General) (Amendment No. 2) Regulations 2015

• Citation: S.I. 2015/681
• Sections: 6

Section 1 Citation and commencement

These Regulations may be cited as the British Nationality (General) (Amendment No. 2) Regulations 2015 and come into force on 6th April 2015.

Section 2 Amendments to the British Nationality (General) Regulations 2003

The British Nationality (General) Regulations 2003 are amended in accordance with regulations 3 to 5.

Section 3 Amendments to Regulation 5A

(1) Regulation 5A (knowledge of language and life in the United Kingdom) is amended as follows.

(2) In paragraph (1), at the beginning, insert “Subject to paragraph (1A),”.

(3) After paragraph (1), insert—

(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.

(4) In paragraph (2), at the beginning, insert “Subject to paragraph (3),”.

(5) After paragraph (2), insert—

(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.

Section 4 Amendments to Schedule 2

(1) Schedule 2 (particular requirements as respects applications) is amended as follows.

(2) Before paragraph 1, insert—

Interpretation

(A1) In this Schedule—

(a) a reference to a person’s “natural father” is to be construed in accordance with section 4J(1) of the Act ;

(b) a reference to a person automatically becoming a British citizen, or a citizen of the United Kingdom and Colonies, is to be construed in accordance with section 4J(4) of the Act.

(3) After paragraph 11A, insert—

Application under section 4F of the Act

(11B) An application under section 4F of the Act shall contain information showing—

(a) that the applicant would be entitled to be registered as a British Citizen under section 1(3), 3(2), or 3(5) of, or paragraph 4 or 5 of Schedule 2 to, the Act , had his mother been married to his natural father at the time of his birth; and

(b) where the applicant is aged 10 or over, that he is of good character.

Application under section 4G of the Act

(11C) An application under section 4G of the Act shall contain information showing—

(a) that the applicant would have automatically become a British citizen by birth by operation of any provision of the Act or the British Nationality (Falkland Islands) Act 1983 (“the 1983 Act ”), at any time in the period after commencement of the Act or (as the case may be) the 1983 Act, had his mother been married to his natural father at the time of his birth; and

(b) where the applicant is aged 10 or over, that he is of good character.

Application under section 4H of the Act

(11D) An application under section 4H of the Act shall contain information showing—

(a) that the applicant was a citizen of the United Kingdom and Colonies immediately before commencement of the Act;

(b) that the applicant would have automatically become a British citizen at commencement of the Act, by the operation of any provision of the Act, had his mother been married to his natural father at the time of his birth; and

(c) that the applicant is of good character.

Application under section 4I of the Act

(11E)

(1) An application under section 4I of the Act shall contain information showing—

(a) that the applicant—

(i) ceased to be a British subject or a citizen of the United Kingdom and Colonies by virtue of the commencement of any independence legislation, but would not have done so had his mother been married to his natural father at the time of his birth;

(ii) was a British subject who did not automatically become a citizen of the United Kingdom and Colonies at commencement of the British Nationality Act 1948 by the operation of any provision of it, but would have done so had his mother been married to his natural father at the time of his birth; or

(iii) would have automatically become a British subject or citizen of the United Kingdom and Colonies at birth or by virtue of paragraph 3 of Schedule 3 to the British Nationality Act 1948 , had his mother been married to his natural father at the time of his birth; and

(b) that the applicant is of good character.

(2) In this paragraph, “British subject” and “independence legislation” have the same meaning as in section 4I(7) of the Act.

Section 5 Amendments to Schedule 2A

(1) Paragraph 1 of Schedule 2A (specified English language tests and qualifications) is amended as follows.

(2) In paragraph 1 the existing provision becomes sub-paragraph (1).

(3) For paragraph (c) substitute—

(c) a test specified in Table 1, where the test is taken within the United Kingdom, or Table 2, where the test is taken outside the United Kingdom, 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;

(ii) was taken at an approved English language test centre; and

(iii) was taken no more than two years before the date of the application for naturalisation.

(4) After sub-paragraph (1), insert—

(2) In this paragraph—

“approved English language test centre” means a test centre which has been approved by the Secretary of State for the purpose of an application for naturalisation ;

“United Kingdom” has the same meaning as in Schedule 1 to the Interpretation Act 1978 .

Recognised English Language Tests within the United Kingdom

IELTS (International English Language Testing System)

IELTS (International English Language Testing System) Life Skills

Recognised English Language Tests outside the United Kingdom

IELTS (International English Language Testing System)

IELTS (International English Language Testing System) Life Skills

Section 6 Transitional provision

The amendments made by regulation 5 do not apply to an application for naturalisation made before 6th November 2015 which relies on a recognised English language test or qualification specified at that time in Schedule 2A to the British Nationality (General) Regulations 2003 which was taken or (as the case may be) completed before 6th April 2015, except so far as an applicant is required to take a test under regulation 5A(1A)(b) of those Regulations.