Overview

This bill simplifies the process for members and former members of the UK armed forces to apply for British citizenship. It amends existing legislation to allow the Secretary of State to waive the usual requirement of residing in the UK for a specific period before applying, in cases deemed appropriate.

Description

Amendments to the British Nationality Act 1981

The bill amends Schedule 1 of the British Nationality Act 1981, which outlines the requirements for naturalisation as a British citizen. Specifically, it adds a provision allowing the Secretary of State to consider an applicant's service in the armed forces when assessing their application, even if the applicant hasn't met the usual UK residency requirement.

Secretary of State's Discretion

The Secretary of State gains the power to waive the UK residency requirement (paragraph 1(2)(a) of Schedule 1) on a case-by-case basis for applicants who are or have been members of the armed forces. This decision will be based on the “special circumstances” of each individual applicant’s situation.

Amendments to the Borders, Citizenship and Immigration Act 2009

The bill also amends section 39 of the Borders, Citizenship and Immigration Act 2009, which previously amended paragraph 2 of Schedule 1 of the British Nationality Act 1981. These amendments are designed to ensure consistency and clarity regarding the application of the new armed forces provision.

Government Spending

The bill is not expected to significantly increase or decrease government spending. The administrative costs associated with processing applications under the new provisions are likely to be minimal. No specific figures are provided in the bill text.

Groups Affected

The bill primarily affects:

• Members of the UK Armed Forces: This bill could significantly ease the path to citizenship for serving and former members of the armed forces, particularly those who have served overseas for extended periods.
• The Home Office: The Home Office will be responsible for implementing the changes and assessing applications under the new provisions.
• Applicants for British Citizenship: The bill impacts those applying for citizenship, potentially reducing the barriers for service personnel.

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