British Nationality Act, 1965

British Nationality Act, 1965

British Nationality Act, 1965

[5th August, 1965]

An Act to provide for the acquisition of the status of British subject by alien women who have been married to persons being British subjects without citizenship by virtue of section 13 or 16 of the British Nationality Act, 1941, or British subjects by virtue of section 2 of that Act, and for purposes connected with the matter aforesaid.

2. Provisions as to women being British subjects by virtue of marriage to British subjects without citizenship.

(1) This section applies to a woman who is a British subject by virtue of Section 1-of this Act by virtue of her having satisfied the Secretary of State that she has been married to such a person as is mentioned in section 1 (1)-(a) or (1) (b) of this Act.

(2) A woman to whom this section applies shall cease to be a British subject by virtue of section 1-of this Act if she becomes a citizen of the United Kingdom and Colonies, a citizen of any country mentioned in section 1(3) of the Principal Act, or a citizen of the Republic of Ireland.

(3) Section 6 of the Principal Act (which, among other things, enables a citizen of a country mentioned in the said Section 1 (3)-to be registered as a citizen of the United Kingdom and Colonies on his satisfying certain conditions) shall apply to a woman to whom this section applies as it applies to a citizen of a country mentioned in the said section 1 (3), and section 3 and section 9 of the Principal Act (by which a person registered under the said section 6 or 8 is to be a citizen of the United Kingdom and Colonies from the date of registration) shall have effect as if any reference therein to the said section 6included a reference to that section as it applies by virtue of this sub-section.

(4) Subject to the next following sub-section, a woman to whom this section applies shall become a citizen of the United Kingdom and Colonies when an order under section 32 (8) of the Principal Act (under which the secretary of State may by order declare the dale on which, for the purposes of the Principal Act, a citizenship law of a country mentioned in the said section 1 (3) is to be deemed to have taken effect in that country) is made in relation to the country so mentioned of which the person, marriage to whom qualified her to become a British subject by virtue of section 1-of this Act was at the relevant date, or, but for his death, would then have been, potentially a citizen.

(5) Where a woman to whom this section applies qualified lore registration undersection 1-of this Act by virtue or marriage to a person who at the relevant date was, or, but for his death, would have been. potentially a citizen of more than one of the countries mentioned in the said section 1 (3), she shall become a citizen of the United Kingdom and Colonies as soon as an order under the said section 32 (8) has been made in relation to each of the countries so mentioned of which that person at that date was, or but for his death, would have been, potentially a citizen.

(6) In the section “relevant date”, in relation to a woman to whom this section applies, means the date of the application in pursuance of which she became a British subject by virtue of section 1-of this Act.

3. Deprivation of status of British subject acquired by registration under this Act.

(1) Subject to the provisions of this section, the Secretary of State may by order deprive any person who is for the time being registered as a British subject by virtue of section 1-of this Act of the status of British subject by virtue as aforesaid, if the Secretary of State is satisfied that the registration was obtained by fraud, false representation or the concealment of a material fact; and, on the coming to force of an order under this section depriving a person of that status, she shall cease to be a British subject by virtue of the said section 1-.

(2) The Secretary of State shall not under this section deprive a person of the status of British subject unless he is satisfied that it is not conducive to the public good that that person should continue to be a British subject.

(3)Sub-sections (6) and (7) of section 20 of the Principal Act shall apply for the purpose of affording a right to an inquiry to a woman against .whom an order is proposed to be made under this section as they apply for the purpose of affording such a right to a person against whom an order is proposed to be made under the said section 20 depriving a person of citizenship of the United Kingdom and Colonies by registration on the ground that the registration was obtained by means of fraud, false representation or the concealment of a material fact; and section 22 of the Principal Act (exercise of functions of the Secretary of Slate under the said section 20 in colonies and protectorates) shall have effect in relation to the foregoing provisions of this section as it has effect in relation to the said section 20.

4. Provision for Stateless children of British subjects by virtue of section 1 (1) of this Act.

Sub-paragraph (1) of paragraph 3 of the Schedule to the British Nationality (No. 2) Act, 1964 (which sub-paragraph provides that if a person satisfies the condition as to residence specified therein and has the qualifications mentioned in sub-paragraph (2), (3) or (4)of that paragraph, he is qualified for registration as citizen of the United Kingdom and Colonies under section 1 of that Act(acquisition by stateless person of citizenship by registration)) shall .have effect as if the reference therein 10 the qualifications so mentioned included a reference to qualification by virtue of the following provision, that is to say, a person born after the commencement of this Act shall have the said qualifications if his mother was, at the time when he was born, a British subject by virtue of section 1 (1)-of this Act.

5. Citation, supplemental provisions and commencement.

(1) This Act may be cited as the British Nationality Act, 1965, and this Act and the British Nationality Act, 1948 to ;1964 may be cited as the British Nationality Acts, 1948 to1965.

(2) In this Act “the Principal Act” means the British Nationality Act. 1948. and the supplemental provisions contained in Sections 26 to 30,32 and 33 of that Act shall have effect For the purposes of this Act as they have effect for the purposes of that Act.

(3) Any reference in this Act to a provision of the Principal Act shall, unless the context otherwise requires, be construed as a reference to that provision as amended by any other enactment.

(4) This Act shall come into force at the expiration of the period of two months beginning with the date on which it is passed.

Misc – Laws and Bare Acts of India

Indian Laws – Bare Acts

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