Policy Document

An Act to provide for customs functions to be exercisable by the Secretary of State, the Director of Border Revenue and officials designated by them; to make provision about the use and disclosure of customs information; to make provision for and in conne

Year

2009

Country

United Kingdom

Topic

Migration

Subtopic

Naturalisation & Citizenship

Main implications

The conditions for naturalisation were changed: among other changes, the period of residence that was required before naturalisation was defined as three to eight years, depending on the circumstances (among other aspects, 'activity conditions' played a role, i.e. whether the applicant was doing voluntary work or was otherwise actively engaged in his or her community of residence). In each of these years, the applicant for naturalisation was not allowed to leave the United Kingdom for more than 90 days. In addition, the act stipulated that throughout the period of residence, the applicant must have had a qualifying immigration status and must not have been in breach of any immigration law. On the date of application, he or she must have been in possession of a specified immigrant status. The Secretary of State was entitled to waive some of these requirements and to change the period of time that an applicant was required to have lived in the UK. Other naturalisation requirements defined in older laws still applied.

The act introduced the concept of probationary citizenship leave as a qualifying immigration status.

The fact that an application candidate for naturalisation served the Crown was no longer an alternative requirement for naturalisation which could replace residency requirements. The Secretary of State was, however, given the authority to waive the need to fulfil all or some of the naturalisation requirements if the applicant for naturalisation had served or was serving in the armed forces or if the applicant had performed exceptionally in the service of the Crown outside the UK.

The regulations specifying the naturalisation of a partner of a British citizenship (spouse, civil partner or other specified family association) were amended. Again, the Secretary of State was given the authority to waive some of the requirements.

A person who was born in the UK to a member of the armed forces in the UK or a qualifying territory acquired British citizenship at birth. A person who was born in the UK and whose mother or father became a member of the armed forces while he/she was a minor was entitled to be registered as a British citizen. Special provisions were also made regarding the registration as British citizens of children of members of the armed forces who were born outside the UK and qualifying territories.

The legal options for registering specified minor children (being descendants of British citizens, etc.) as British citizens were extended somewhat.

The options for persons without other citizenship to register as a British citizen were extended to include not only British Overseas Citizens, British Subjects, and British Protected Persons, but also British Nationals (Overseas).

The options for belatedly acquiring British citizenship because of having a mother of British citizenship were extended.

The requirement to be of good character was extended to additional cases of naturalisation or registration. It applied to applicants having attained the age of ten years.

Benefits & Requirements

Coverage: Eligible groups or beneficiaries

Persons living in the UK who wanted to be naturalised
Partners of British citizens
Persons born to members of the Armed Forces
Persons who were born to a mother of British descent British Nationals (Overseas)

Read the Law

Full Text Source in English

2009, c. 11

Original full text source in native language

2009, c. 11

Original full text web source in native language

http://www.legislation.gov.uk/ukpga/2009/11/pdfs/ukpga_20090011_en.pdf

Secondary Literature & Sources

Secondary literature

- British Parliament "Borders, Citizenship and Immigration Act 2009". Available at: http://www.services.parliament.uk/bills/2008-09/borderscitizenshipandimmigrationhl.html
- British Home Office. "Borders, Citizenship and Immigration Act 2009. Explanatory notes". Available at: http://www.legislation.gov.uk/ukpga/2009/11/notes/contents

Author

Alyson Silkowski
London School of Economics

Data collected in the framework of the Population and Policy Database

Cite as

SPLASH-db.eu (2012): Policy: "An Act to provide for customs functions to be exercisable by the Secretary of State, the Director of Border Revenue and officials designated by them; to make provision about the use and disclosure of customs information; to make provision for and ..." (Information provided by Alyson Silkowski). Available at: https://splash-db.eu [Date of access].