uksi/2018/618 — The Immigration and Nationality (Requirements for Naturalisation and Fees) (Amendment) Regulations 2018

2018 No. 618 British Nationality Immigration Nationality The Immigration and Nationality (Requirements for Naturalisation and Fees) (Amendment) Regulations 2018 Made 23rd May 2018 Laid before Parliament 24th May 2018 Coming into force 30th May 2018 The Secretary of State makes the following Regulations in exercise of the powers conferred by section 41(1)(ba) and (bb) and (3) of the British Nationality Act 1981 and sections 68(1) and (10)(b), 69(2) and 74(8)(a) and (b) of the Immigration Act 2014 and, in the case of provision made under the Act of 2014, with the consent of the Treasury and further to provision in the Immigration and Nationality (Fees) Order 2016 . Citation, commencement and extent 1 1 These Regulations may be cited as the Immigration and Nationality (Requirements for Naturalisation and Fees) (Amendment) Regulations 2018. 2 These Regulations come into force on 30th May 2018. 3 The amendments made by regulations 2 and 3 (and the Schedule) have the same extent as the instrument they amend. 4 The amendments made by regulation 4 have the same extent as the provision they amend. 5 The amendment made by regulation 5 extends as provided for by regulation 1 of the Immigration and Nationality (Fees) Regulations 2018 as amended by regulation 4 of these Regulations. Amendment of the British Nationality (General) Regulations 2003 2 1 Regulation 5A of the British Nationality (General) Regulations 2003 (knowledge of language and life in the United Kingdom) is amended as follows. 2 In paragraph (1), at the end of paragraph (e) insert— ; 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. . 3 In paragraph (2), at the end of paragraph (c) insert— ; 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. . 4 At the end insert— 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 has indefinite leave to enter or remain in the United Kingdom or any of the Islands by virtue of section 1(2) of the Immigration Act 1971 (persons settled in the United Kingdom or any of the Islands as at 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 c has strong ties with the United Kingdom or any of the Islands. 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; or iii a pre-1973 deceased entrant; 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 c was, immediately before they died— 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. . 3 After Schedule 2A to the British Nationality (General) Regulations 2003 insert Schedule 2B (certain members of the Commonwealth and British overseas territories etc.) as set out in the Schedule to these Regulations. Amendment of the Immigration and Nationality (Fees) Regulations 2018 4 In regulation 1 of the Immigration and Nationality (Fees) Regulations 2018 (extent etc )— a in paragraph (4), after “11,” insert “13A,”, b in paragraph (5), after “12,” insert “13A,”. 5 After regulation 13 of those Regulations insert— Windrush Scheme: power to waive fees 13A The Secretary of State may waive any fee specified in these Regulations which would otherwise be payable by a person for or in connection with an application made under the Windrush Scheme . . Caroline Nokes Minister of State Home Office 23rd May 2018 We consent Andrew Stephenson Paul Maynard Two of the Lords Commissioners of Her Majesty’s Treasury 23rd May 2018 SCHEDULE New Schedule 2B to the British Nationality (General) Regulations 2003 Regulation 3 The new Schedule 2B to the British Nationality (General) Regulations 2003, to be inserted after Schedule 2A to those Regulations, is as follows— SCHEDULE 2B CERTAIN MEMBERS OF THE COMMONWEALTH AND BRITISH OVERSEAS TERRITORIES ETC. Regulation 5A 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 . EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations amend the British Nationality (General) Regulations 2003 (the “2003 Regulations”) and the Immigration and Nationality (Fees) Regulations 2018 (the “2018 Regulations”). The 2003 Regulations set out the procedures and requirements relating to applications in connection with British nationality made under the British Nationality Act 1981 (the “1981 Act”). In particular, regulation 5A sets out the circumstances in which an applicant for naturalisation as a British citizen under section 6 of the 1981 Act is to be taken to have sufficient knowledge of the English language and about life in the United Kingdom for the purposes of the application. The 2018 Regulations specify the fees relating to immigration, nationality and associated functions. The Home Office has set up a scheme, the Windrush Scheme, to deal with requests concerning the immigration or British nationality status of certain people who arrived in the United Kingdom before 1st January 1973, as well as people who arrived between that date and 31st December 1988. These Regulations make provision in connection with that scheme. Regulations 2 and 3 amend the 2003 Regulations to provide that certain categories of persons applying for British citizenship under the Windrush Scheme (defined, broadly, by reference to their nationality and immigration status), are to be taken to have sufficient knowledge of English and of life in the United Kingdom for naturalisation purposes. Regulations 4 and 5 amend the 2018 Regulations to confer power on the Secretary of State to waive any fee specified in those Regulations which would otherwise be payable by a person for or in connection with an application made under the Windrush Scheme. Hard copies of the Windrush Scheme can be obtained from the Home Office, Fees and Income Planning Team, Corporate Services - Financial Planning Unit, 8th Floor, Southern House, Wellesley Grove, Croydon CR0 1XG. An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.