Nationality, Immigration and Asylum Act 2002

JurisdictionUK Non-devolved
Citation2002 c. 41


Nationality, Immigration and AsylumAct 2002

2002 Chapter 41

An Act to make provision about nationality, immigration and asylum; to create offences in connection with international traffic in prostitution; to make provision about international projects connected with migration; and for connected purposes.

[7th November 2002]

B e it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1 Nationality

Part 1

Nationality

S-1 Naturalisation: knowledge of language and society

1 Naturalisation: knowledge of language and society

(1) The following shall be inserted after the word ‘and’ after paragraph 1(1)(c) of Schedule 1 to the British Nationality Act 1981 (c. 61) (requirements for naturalisation)—

‘(ca) that he has sufficient knowledge about life in the United Kingdom; and’.

(2) In paragraph 2(e) of that Schedule (waiver)—

(a) for ‘the requirement specified in paragraph 1(1)(c)’ there shall be substituted ‘either or both of the requirements specified in paragraph 1(1)(c) and (ca)’, and

(b) for ‘expect him to fulfil it’ there shall be substituted ‘expect him to fulfil that requirement or those requirements’.

(3) The following shall be inserted after section 41(1)(b) of that Act (regulations)—

‘(ba) for determining whether a person has sufficient knowledge of a language for the purpose of an application for naturalisation;

(bb) for determining whether a person has sufficient knowledge about life in the United Kingdom for the purpose of an application for naturalisation;’.

(4) The following shall be inserted after section 41(1) of that Act—

(1A) Regulations under subsection (1)(ba) or (bb) may, in particular—

(a) make provision by reference to possession of a specified qualification;

(b) make provision by reference to possession of a qualification of a specified kind;

(c) make provision by reference to attendance on a specified course;

(d) make provision by reference to attendance on a course of a specified kind;

(e) make provision by reference to a specified level of achievement;

(f) enable a person designated by the Secretary of State to determine sufficiency of knowledge in specified circumstances;

(g) enable the Secretary of State to accept a qualification of a specified kind as evidence of sufficient knowledge of a language.’

S-2 Naturalisation: spouse of citizen

2 Naturalisation: spouse of citizen

(1) Paragraphs 3 and 4 of Schedule 1 to the British Nationality Act 1981 (c. 61) (requirements for naturalisation as British citizen: spouse of citizen) shall be amended as follows—

(a) in paragraph 3(e) for ‘requirement specified in paragraph 1(1)(b)’ substitute ‘requirements specified in paragraph 1(1)(b), (c) and (ca)’, and

(b) in paragraph 4(c) omit ‘and (e)’.

(2) Paragraphs 7 and 8 of that Schedule (requirements for naturalisation as British overseas territories citizen: spouse of citizen) shall be amended as follows—

(a) in paragraph 7(e) for ‘requirement specified in paragraph 5(1)(b)’ substitute ‘requirements specified in paragraph 5(1)(b) and (c)’, and

(b) in paragraph 8(c) omit ‘and (e)’.

S-3 Citizenship ceremony, oath and pledge

3 Citizenship ceremony, oath and pledge

Schedule 1 (which makes provision about citizenship ceremonies, oaths and pledges) shall have effect.

S-4 Deprivation of citizenship

4 Deprivation of citizenship

(1) The following shall be substituted for section 40 of the British Nationality Act 1981 (deprivation of citizenship)—

S-40 Deprivation of citizenship

40 Deprivation of citizenship

(1) In this section a reference to a person's ‘citizenship status’ is a reference to his status as—

(a) a British citizen,

(b) a British overseas territories citizen,

(c) a British Overseas citizen,

(d) a British National (Overseas),

(e) a British protected person, or

(f) a British subject.

(2) The Secretary of State may by order deprive a person of a citizenship status if the Secretary of State is satisfied that the person has done anything seriously prejudicial to the vital interests of—

(a) the United Kingdom, or

(b) a British overseas territory.

(3) The Secretary of State may by order deprive a person of a citizenship status which results from his registration or naturalisation if the Secretary of State is satisfied that the registration or naturalisation was obtained by means of—

(a) fraud,

(b) false representation, or

(c) concealment of a material fact.

(4) The Secretary of State may not make an order under subsection (2) if he is satisfied that the order would make a person stateless.

(5) Before making an order under this section in respect of a person the Secretary of State must give the person written notice specifying—

(a) that the Secretary of State has decided to make an order,

(b) the reasons for the order, and

(c) the person's right of appeal under section 40A(1) or under section 2B of the Special Immigration Appeals Commission Act 1997 (c. 68).

(6) Where a person acquired a citizenship status by the operation of a law which applied to him because of his registration or naturalisation under an enactment having effect before commencement, the Secretary of State may by order deprive the person of the citizenship status if the Secretary of State is satisfied that the registration or naturalisation was obtained by means of—

(a) fraud,

(b) false representation, or

(c) concealment of a material fact.

S-40A

40A

(1) A person who is given notice under section 40(5) of a decision to make an order in respect of him under section 40 may appeal against the decision to an adjudicator appointed under section 81 of the Nationality, Immigration and Asylum Act 2002 (immigration appeal).

(2) Subsection (1) shall not apply to a decision if the Secretary of State certifies that it was taken wholly or partly in reliance on information which in his opinion should not be made public—

(a) in the interests of national security,

(b) in the interests of the relationship between the United Kingdom and another country, or

(c) otherwise in the public interest.

(3) A party to an appeal to an adjudicator under subsection (1) may, with the permission of the Immigration Appeal Tribunal, appeal to the Tribunal against the adjudicator's determination on a point of law.

(4) A party to an appeal to the Immigration Appeal Tribunal under subsection (3) may bring a further appeal on a point of law—

(a) where the decision of the adjudicator was made in Scotland, to the Court of Session, or

(b) in any other case, to the Court of Appeal.

(5) An appeal under subsection (4) may be brought only with the permission of—

(a) the Tribunal, or

(b) if the Tribunal refuses permission, the court referred to in subsection (4)(a) or (b).

(6) An order under section 40 may not be made in respect of a person while an appeal under this section or section 2B of the Special Immigration Appeals Commission Act 1997 (c. 68)—

(a) has been instituted and has not yet been finally determined, withdrawn or abandoned, or

(b) could be brought (ignoring any possibility of an appeal out of time with permission).

(7) Rules under section 106 of the Nationality, Immigration and Asylum Act 2002 (immigration appeal: rules) may make provision about an appeal under this section.

(8) Directions under section 107 of that Act (practice directions) may make provision about an appeal under this section.’

(2) The following shall be inserted before section 3 of the Special Immigration Appeals Commission Act 1997 (jurisdiction: bail)—

S-2B

2B

‘2B A person may appeal to the Special Immigration Appeals Commission against a decision to make an order under section 40 of the British Nationality Act 1981 (c. 61) (deprivation of citizenship) if he is not entitled to appeal under section 40A(1) of that Act because of a certificate under section 40A(2).’

(3) In section 5(1)(a) and (b) and (2) of that Act (procedure) after ‘section 2’ there shall be inserted ‘or 2B’.

(4) In exercising a power under section 40 of the British Nationality Act 1981 after the commencement of subsection (1) above the Secretary of State may have regard to anything which—

(a) occurred before commencement, and

(b) he could have relied on (whether on its own or with other matters) in making an order under section 40 before commencement.

S-5 Resumption of citizenship

5 Resumption of citizenship

In the following provisions of the British Nationality Act 1981 (c. 61) the words ‘, if a woman,’ shall cease to have effect—

(a) section 10(1) and (2) (registration as British citizen following renunciation of citizenship), and

(b) section 22(1) and (2) (registration as British overseas territories citizen following renunciation of citizenship).

S-6 Nationality decision: discrimination

6 Nationality decision: discrimination

(1) Section 19D of the Race Relations Act 1976 (c. 74) (discrimination by public authority: permitted cases) shall be amended as follows.

(2) In subsection (1) for ‘immigration...

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