(1) The Secretary of State may designate or authorise a person to exercise a function (which may include a discretion) in connection with a citizenship ceremony or a citizenship oath or pledge, and the reference in paragraph (3)(b) to “designated person” shall be construed accordingly.

(2) Each local authority (within the meaning of section 41(3B) of the Act) shall—

(a) make available, or make arrangements for, premises at which citizenship ceremonies may be conducted; and

(b) arrange for citizenship ceremonies to be conducted with sufficient frequency so as to enable applicants in their area who are required to make a citizenship oath and pledge at a citizenship ceremony to meet the time limit laid down by regulation 6(3).

(3) Where an applicant is required by section 42 of the Act to make a citizenship oath and pledge at a citizenship ceremony, the Secretary of State shall—

(a) issue to the applicant an invitation in writing to attend a citizenship ceremony (a “ceremony invitation”);

(b) notify the applicant of the local authority or designated person which the applicant should contact to arrange attendance at a citizenship ceremony (the “relevant authority”); and

(4) An applicant who has arranged attendance at a citizenship ceremony shall bring with him to the ceremony his ceremony invitation; and if the applicant fails to do so, the person conducting the ceremony may refuse admittance to, or participation in, the ceremony if he is not reasonably satisfied as to the identity of the applicant.

(5) Where an applicant makes the relevant citizenship oath and pledge at a citizenship ceremony as required by section 42 of the Act—

(a) the person conducting the ceremony shall grant to the applicant a certificate of registration or naturalisation, duly dated with the date of the ceremony; and

(b) the relevant authority shall notify the Secretary of State in writing within 14 days of the date of the ceremony that the applicant has made the relevant citizenship oath and pledge at a citizenship ceremony and the date on which the ceremony took place.

(6) In this regulation, “the person conducting the ceremony” is the person who administers the citizenship oath and pledge at the citizenship ceremony in accordance with paragraph 3 of Schedule 3.

Certificates of naturalisation

3

Where a citizenship oath and pledge is required by section 42 of the Act to be made at a citizenship ceremony, it shall be administered at the ceremony:

(a) in the case of a ceremony held in England, Wales or Scotland, by a registrar (within the meaning of section 41(3B) of the Act); and

(b) in the case of a ceremony held elsewhere, by a person authorised to do so by the Secretary of State.

Knowledge of language

5A

(1) Subject to paragraph (1A), a person has sufficient knowledge of the English language for the purpose of an application for naturalisation as a British citizen under section 6 of the Act if that person—

(a) has passed a test known as a Secure English Language Test administered by an English language test provider which has been approved by the Secretary of State for this purpose and 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; and

(ii) was taken no more than two years before the date of the application for naturalisation; or

(b) possesses an academic qualification deemed by UK NARIC to meet the recognised standard of a Bachelor’s or Master’s degree or PhD in the United Kingdom and—

(i) UK NARIC has confirmed that the qualification was taught or, as the case may be, researched in English; or

(ii) the qualification was taught or, as the case may be, researched in an English speaking country specified in Schedule 2A other than Canada; or

(c) is ordinarily resident outside the United Kingdom and a person designated by the Secretary of State certifies in writing that the person has sufficient knowledge of the English language for the purpose of an application for naturalisation; or

(d) satisfied the Secretary of State when making a successful application for indefinite leave to remain within the meaning of section 33(1) of the Immigration Act 1971 that he or she possessed a qualification or had passed a test in English 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; or

(e) is a national of an English speaking country specified in Schedule 2A ; or

(f) is a relevant pre-1973 entrant; or

(g) is not within sub-paragraph (f) but is an eligible child of a pre-1973 entrant.

(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.

(2) Subject to paragraph (3), a person has sufficient knowledge about life in the United Kingdom for the purpose of an application for naturalisation as a British citizen under section 6 of the Act if that person—

(a) has passed the test known as the “Life in the UK Test” administered by an educational institution or other person approved for this purpose by the Secretary of State or the Lieutenant Governor of the Isle of Man; or

(b) has passed the test known as the “Citizenship Test” administered by an educational institution or other person approved for this purpose by the Lieutenant Governor of Guernsey or Jersey; or

(c) is ordinarily resident outside the United Kingdom and a person designated by the Secretary of State certifies in writing that the person has sufficient knowledge about life in the United Kingdom for the purpose of an application for naturalisation ; or

(d) is a relevant pre-1973 entrant; or

(e) is not within sub-paragraph (d) but is an eligible child of a pre-1973 entrant.

(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.

(4) In this regulation “relevant pre-1973 entrant” means a person who is within paragraph (5) or (6).

(5) A person is within this paragraph if the person—

(a) held indefinite leave to enter or remain in the United Kingdom or any of the Islands within the meaning of section 33(1) of the Immigration Act 1971 as at 1st January 1973; and

(aa) holds such leave (whether or not that leave has been held continuously since 1st January 1973); and

(b) was, on 1st January 1973—

(i) a national of a country specified in Schedule 2B (certain members of the Commonwealth and British overseas territories etc.);

(ii) a citizen of the United Kingdom and Colonies by virtue of a connection with a country or territory specified in that Schedule; or

(iii) a British subject without citizenship (see sections 13 and 16 of the British Nationality Act 1948 as then in force).

(6) A person is within this paragraph if the person—

(a) has the right of abode in the United Kingdom or any of the Islands by virtue of section 2(1)(b) of the Immigration Act 1971 (certain Commonwealth citizens with the right of abode);

(b) was, on 1st January 1973, ordinarily resident in the United Kingdom or any of the Islands; and

(7) For the purposes of this regulation, a person (“C”) is an eligible child of a pre-1973 entrant if C—

(a) is the child (including an adopted child) of—

(i) a person who is (or was at the time of their death) a relevant pre-1973 entrant;

(ii) a person who is (or was at the time of their death) a British citizen and was, immediately before they became a British citizen, a relevant pre-1973 entrant; ...

(iii) a pre-1973 deceased entrant; or

(iv) a person who would be (or would have been at the time of their death) a relevant pre-1973 entrant but for a subsequent lapse in their indefinite leave to enter or remain in the United Kingdom or any of the Islands;

(b) was born outside the United Kingdom and the Islands;

(c) entered the United Kingdom or any of the Islands on or after 1st January 1973 and was, at the time of entry, under the age of 18; and

(d) is settled in the United Kingdom or any of the Islands and has, since C’s entry as mentioned in sub-paragraph (c), been ordinarily resident in the United Kingdom or any of the Islands.

(8) In paragraph (7) “pre-1973 deceased entrant” means a person who—

(a) died before 1st January 1973;

(b) was settled in the United Kingdom or any of the Islands before their death; and

(i) a national of a country specified in Schedule 2B;

(ii) a citizen of the United Kingdom and Colonies by virtue of a connection with a country or territory specified in that Schedule; or

(iii) a British subject without citizenship.

(9) In paragraphs (5) to (8) “the United Kingdom” means England and Wales, Scotland and Northern Ireland.

(10) For the purposes of this regulation, a reference to a country or territory in Schedule 2B includes a reference to any former country or territory which forms part of the country or territory concerned.

Citizenship oaths and pledges

Arrangements for, and conduct of, citizenship ceremonies

Certificates of naturalisation

Knowledge of language and life in the United Kingdom

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2A

If the declarant is not of full capacity and it is desired that the requirement of full capacity be waived in accordance with section 44A of the Act (waiver of requirement for full capacity), the declaration shall specify why it would be in the applicant’s best interests for the requirement to be waived in his case.

Application under section 1(3A) of the Act

1A

An application under section 1(3A) shall contain information showing—

(a) that the applicant’s father or mother became a member of the armed forces after the applicant’s birth; and

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

Application under section 4D of the Act

11A

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

(a) that the applicant’s father or mother was a member of the armed forces and serving outside of the United Kingdom and qualifying territories at the time of the applicant’s birth;

(b) that the consent of the applicant’s father and/or mother (as required by section 4D(3) and (4) of the Act) has been signified in accordance with regulation 14 and, if the consent of one parent only has been signified, the reason for that fact; and

(2) If the application is made without the consent of the applicant’s father and/or mother and it is desired that the application should nevertheless be considered under section 4D(5) of the Act, it shall specify the special circumstances to be taken into consideration.

SCHEDULE2A — SPECIFIED ENGLISH LANGUAGE TESTS ... AND ENGLISH SPEAKING COUNTRIES

Specified English Language Tests and Qualifications

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Specified English Speaking Countries

2

The following countries are specified English speaking countries for the purposes of regulation 5A(1)(b)(ii) and (e)—

(a) Antigua and Barbuda;

(b) Australia;

(d) Barbados;

(e) Belize;

(f) Canada;

(g) Dominica;

(h) Grenada;

(i) Guyana;

(j) Jamaica;

(ja) Malta;

(k) New Zealand;

(l) the Republic of Ireland;

(m) Saint Christopher and Nevis;

(n) Saint Lucia;

(o) Saint Vincent and the Grenadines;

(p) Trinidad and Tobago; or

(q) the United States of America.

PART IIA — Biometric Information and Citizenship

Provision of biometric information with citizenship applications

7A

(1) Subject to regulation 7B, where an individual makes an application for registration or naturalisation as a British citizen, an authorised person may require the individual to provide biometric information.

(2) Where an authorised person requires an individual to provide biometric information in accordance with paragraph (1), the individual must provide it.

Applicants under the age of sixteen

7B

(1) An applicant under the age of sixteen (“the child”) must not be required to provide biometric information in accordance with regulation 7A except where the authorised person is satisfied that the biometric information will be taken in the presence of a person aged eighteen or over who is—

(a) the child’s parent or guardian; or

(b) a person who for the time being takes responsibility for the child.

(2) The person mentioned in paragraph (1)(b) may not be—

(a) an authorised person or any officer of the Secretary of State;

(b) any other person acting on behalf of an authorised person as part of a process specified under regulation 7C(1)(a) or (c).

(3) An authorised person shall not require an applicant under the age of sixteen to provide biometric information unless the decision to do so has been confirmed by a person designated for the purpose by the Secretary of State.

(4) This regulation does not apply if the authorised person reasonably believes that the applicant whose biometric information is to be taken is aged sixteen or over.

Process by which an individual’s biometric information may be obtained and recorded

7C

(1) An authorised person who requires an individual to provide a record of the individual’s fingerprints or a photograph of the individual’s face under regulation 7A may do any one or more of the following—

(a) require the individual to make an appointment before a specified date, which the individual must attend, to enable a record of the individual’s fingerprints or a photograph of the individual’s face to be taken by an authorised person or by a person acting on behalf of an authorised person;

(b) specify the date, time and place for the appointment;

(c) require the individual to attend premises before a specified date to enable a record of the individual’s fingerprints or a photograph of the individual’s face to be taken by an authorised person or by a person acting on behalf of an authorised person; and

(d) specify any documents which the individual must bring to the appointment or premises, or action which the individual must take to confirm the individual’s identity.

(2) An authorised person may require a record of fingerprints or photograph to be of a particular specification.

(3) Where an authorised person requires an individual to submit to any requirement in accordance with paragraph (1), the individual must submit to it.

Consequences of a failure to comply with a requirement of these Regulations

7D

Where an individual who is required to provide biometric information as part of an application for registration or naturalisation as a British citizen fails to comply with the process, or combination of processes, required by an authorised person in accordance with regulation 7C, the Secretary of State may treat the individual’s application as invalid.

Use and retention of biometric information

7E

(1) Biometric information provided in accordance with these Regulations may be retained only if the Secretary of State thinks that it is necessary to retain it for use in connection with—

(a) the exercise of a function by virtue of the Immigration Acts; or

(b) the exercise of a function in relation to nationality.

(2) Biometric information retained by virtue of paragraph (1) may also be used—

(a) in connection with the prevention, investigation or prosecution of an offence;

(b) for a purpose which appears to the Secretary of State to be required in order to protect national security;

(d) for the purpose of ascertaining whether a person has acted unlawfully, or has obtained or sought anything to which the person is not legally entitled; ...

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Destruction of biometric information

7F

(1) The Secretary of State must take all reasonable steps to ensure that biometric information held by the Secretary of State by virtue of these Regulations, including any copies, is destroyed if the Secretary of State—

(a) no longer thinks that it is necessary to retain the information for use as mentioned in regulation 7E(1); or

(b) subject to the exception in paragraph (2), is satisfied that the person to whom the information relates is a British citizen, or a Commonwealth citizen who has a right of abode in the United Kingdom as a result of section 2(1)(b) of the Immigration Act 1971.

(2) The exception is that photographs of a person who is registered or naturalised as a British citizen may be retained until the person is issued with a United Kingdom passport describing the person as a British citizen.

Retention of fingerprints

7G

(1) Save where regulation 7F applies and subject to paragraphs (2) and (3), the Secretary of State must take all reasonable steps to ensure that any record of a person’s fingerprints held by the Secretary of State by virtue of these Regulations, including any copies, is destroyed at the end of the period of 15 years beginning with —

(a) the date on which the fingerprints were provided; or

(b) the date on which they are reused in connection with a relevant application made by the person,

whichever is the later.

(2) But fingerprints can be held beyond that period if they are—

(a) the fingerprints of a person who is, or at any time has been, subject to a deportation order, exclusion order or decision to exclude;

(b) the fingerprints of a person who can be, or at any time could have been, refused entry clearance or leave to enter for a period specified in the immigration rules because of a previous breach of the United Kingdom’s immigration laws;

(c) fingerprints that the Secretary of State deems it necessary for national security reasons to retain for use in connection with one of the functions specified in regulation 7E(1);

(d) the fingerprints of a person with indefinite leave to enter or remain in the United Kingdom; or

(e) the fingerprints of a person whose indefinite leave to enter or remain in the United Kingdom lapses, is revoked or is cancelled, in which case they must be destroyed by the Secretary of State at the end of ten years beginning with the date of the lapse, revocation or cancellation (as the case may be); ...

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The Secretary of State is only required to take steps to destroy, pursuant to paragraph (2)(e) ..., the fingerprints of a person whose leave has lapsed ... on the application, supported by evidence to the satisfaction of the Secretary of State, of that person.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) A relevant application for the purposes of paragraph (1) is an application for—

(a) entry clearance;

(b) leave to enter;

(d) registration or naturalisation as a British citizen.

Destruction etc. of electronic data

7H

(1) The Secretary of State must take all reasonable steps to ensure—

(a) that data held in electronic form which relates to biometric information which has to be destroyed by virtue of these Regulations is destroyed or erased; or

(b) that access to such data is blocked.

(2) A person whose biometric information has to be destroyed by virtue of these Regulations is entitled, on written request, to a certificate issued by the Secretary of State to the effect that the Secretary of State has taken the steps required by paragraph (1).

(3) A certificate issued under paragraph (2) must be issued within the period of 3 months beginning with the date on which the request for it is received by the Secretary of State.

Biometric information: retention under another power

71

The requirements in these Regulations to destroy biometric information or data do not apply if and in so far as the information or data is retained in accordance with and for the purposes of another power.

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.

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), 3(5) or 4D 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 and the provision under which the applicant would be entitled to be registered as a British citizen (as mentioned in section 4F(1)(b) of the Act) is section 1(3), 3(2) , 3(5) or 4D of the Act, 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; ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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; and

(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; ...

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; ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Specified English Language Tests ...

SCHEDULE 2B — CERTAIN MEMBERS OF THE COMMONWEALTH AND BRITISH OVERSEAS TERRITORIES ETC.

Anguilla

Antigua and Barbuda

Australia

The Bahamas

Bangladesh

Barbados

Belize

Bermuda

Botswana

British Antarctic Territory

British Indian Ocean Territory

Brunei

Canada

Cayman Islands

Cyprus, but excluding the Sovereign Base Areas of Akrotiri and Dhekelia (that is to say the areas mentioned in section 2(1) of the Cyprus Act 1960)

Dominica

Falkland Islands

Fiji

The Gambia

Ghana

Gibraltar

Grenada

Guyana

Hong Kong

India

Jamaica

Kenya

Kiribati

Lesotho

Malawi

Malaysia

Maldives

Malta

Mauritius

Montserrat

Namibia

Nauru

New Zealand

Nigeria

Pakistan

Papua New Guinea

Pitcairn, Henderson, Ducie and Oeno Islands

Saint Christopher and Nevis

Saint Helena, Ascension and Tristan da Cunha

Saint Lucia

Saint Vincent and the Grenadines

Samoa

Seychelles

Sierra Leone

Singapore

Solomon Islands

South Georgia and the South Sandwich Islands

South Africa

Sri Lanka

Swaziland

Tanzania

Tonga

Trinidad and Tobago

Turks and Caicos Islands

Tuvalu

Uganda

Vanuatu

Virgin Islands

Zambia

Zimbabwe

PART III — Applications for a waiver on the basis of physical or mental condition

5

(1) This paragraph applies where the applicant seeks a waiver under paragraph 2(1)(e) of Schedule 1 to the British Nationality Act 1981 on the basis of their physical or mental condition.

(2) A request made under paragraph (1) must be accompanied by—

(a) a statement that the waiver applies and how it applies; and

(b) written confirmation of the matters stated in the statement.

(3) The written confirmation required under sub-paragraph (2)(b) must be—

(a) provided by a registered medical practitioner, who must confirm that the practitioner’s knowledge of the applicant’s age or physical or mental condition derives from having met the applicant in person, and provide the date of their last meeting with the applicant, and

(b) made using the form which appears at Schedule 6 to these Regulations.

SCHEDULE 6 — Waiver request for the knowledge of language and life in the UK requirement — medical opinion

Power to use and retain existing biometric information

7EA

(1) This regulation applies where—

(a) a person makes an application for registration or naturalisation as a British citizen; and

(b) the Secretary of State already has a record of the person’s fingerprints or a photograph of the person’s face in their possession (for whatever reason).

(2) Where this regulation applies, the Secretary of State may use or retain that information for the purposes of these Regulations.

Destruction of biometric information

Retention of fingerprints

Destruction etc. of electronic data

Biometric information: retention under another power

Application under section 4K of the Act

11F

An application under section 4K of the Act must contain information showing—

(a) that the applicant—

(i) is entitled to be registered as a British overseas territories citizen under section 17A, 17C, 17D, 17E , 17F or 17H of the Act, otherwise than by virtue only of a connection with the Sovereign Base Areas of Akrotiri and Dhekelia, or

(ii) would be entitled to be registered as a British overseas territories citizen under any of those sections, otherwise than by virtue only of a connection with the Sovereign Base Areas of Akrotiri and Dhekelia, but for the fact that the applicant has already become a British overseas territories citizen under a different provision, and

(b) where the applicant is aged 10 or over and the provision under which the applicant would be entitled to be registered as a British overseas territories citizen (as mentioned in section 17C(1)(b) of the Act) is section 15(3) or 17(2) or (5) of the Act, that the applicant is of good character.

Application under section 4L of the Act

11G

(1) An application under section 4L of the Act must specify the information to be considered by the Secretary of State in forming an opinion under section 4L of the Act about whether the applicant would have been, or would have been able to become, a British citizen but for—

(a) historical legislative unfairness,

(b) an act or omission of a public authority, or

(2) The application must contain information showing that the applicant is of full capacity.

(3) Where sub-paragraph (4) applies, the application must also—

(a) contain information showing that the applicant is of good character, or

(b) specify why the Secretary of State should not take into account whether the applicant is of good character in considering whether to grant the application.

(4) This sub-paragraph applies where—

(a) the application is made on the basis that the applicant would have been able to become a British citizen but for a matter mentioned in paragraph (a), (b) or (c) of sub-paragraph (1), and

(b) the process by which the applicant would have been able to become a British citizen would have involved the Secretary of State being required, under section 41A of the Act, to be satisfied that the applicant was of good character.

(5) In this paragraph, “historical legislative unfairness” and “public authority” have the same meaning as in section 4L of the Act.

Application under paragraph 3A of Schedule 2 to the Act

19A

(1) An application under paragraph 3A of Schedule 2 to the Act must contain information showing—

(a) that the applicant is and always has been stateless,

(b) that the applicant seeks British citizenship and possesses the requisite qualifications in respect of residence, and

(2) A person is able to acquire a nationality in accordance with this sub-paragraph if—

(a) the nationality is the same as that of one of the person’s parents,

(b) the person has been entitled to acquire the nationality since birth, and

(c) in all the circumstances, it is reasonable to expect the person (or someone acting on the person’s behalf) to take the steps which would enable the person to acquire the nationality in question.

(3) For the purposes of sub-paragraph (2)(b), a person is not entitled to acquire a nationality if its acquisition is conditional on the exercise of a discretion on the part of the country or territory in question.

(4) If the applicant does not possess the requisite qualifications in respect of residence and it is desired that the application should nevertheless be considered under paragraph 6 of Schedule 2 to the Act, the application must specify the special considerations to be taken into consideration.

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