The way that a person without the British connection required to register as British can obtain British Nationality by application.
It is open to judicial review. And the NIaA Act introduced a knowledge of life in the UK test, and making citizenship ceremonies more public, as well as the language requirement (Sch 1 Para 1 (1c) BNA 1981).
The requirements which must be fulfilled in order to qualify to apply for naturalisation are found in the BNA 1981 S6 and Sch 1. Applications can only be made by persons of full age and capacity, and they must fulfil residency and character requirements.
Capacity is defined by S50(11) of the BNA 1981, as being not of unsound mind. There is a presumption to this if they have lodged their own application, and must be rebutted by the HO if they wish to argue it. S49 allows it to be waived if the ** thinks it best in the applications interests.
Nationalisation requires a period of residency of five years (s6, 1) unless married to or in a civil partnership (s6, 2) when it is three years. It is generally required to be a physical presence, and at the date of application the applicant must be free of immigration restrictions on their stay (Sch 1 Para 1(2b)). Those imprisoned do not pass the legally present clause.
Good Character Requirement – Sch 1 Para 1 (1b) – some elements of this are not available for public knowledge, however clearly a criminal conviction would likely lead to a rejection. NOTORIETY will also lead to rejection as well as most clear things such as gang membership, war crimes and fraudulent/reckless bankruptcy.
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