British Nationality Act 1981

Schedule 1 REQUIREMENTS FOR NATURALISATION

Naturalisation as a British citizen under section 6(1)

1.—

(1) Subject to paragraph 2, the requirements for naturalisation as a British citizen under section 6(1)

are, in the case of any person who applies for it—

(a) the requirements specified in sub-paragraph (2) of this paragraph, or the alternative

requirement specified in sub-paragraph (3) of this paragraph; and

(b) that he is of good character; and

(c) that he has a sufficient knowledge of the English, Welsh or Scottish Gaelic language; and

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

(d) that either—

(i) his intentions are such that, in the event of a certificate of naturalisation as a

British citizen being granted to him, his home or (if he has more than one) his

principal home will be in the United Kingdom; or

(ii) he intends, in the event of such a certificate being granted to him, to enter into, or

continue in, Crown service under the government of the United Kingdom, or service

under an international organisation of which the United Kingdom or Her Majesty's

government therein is a member, or service in the employment of a company or

association established in the United Kingdom.

(2) The requirements referred to in sub-paragraph (1)(a) of this paragraph are—

(a) that the applicant was in the United Kingdom at the beginning of the period of five years

ending with the date of the application, and that the number of days on which he was absent

from the United Kingdom in that period does not exceed 450; and

(b) that the number of days on which he was absent from the United Kingdom in the period

of twelve months so ending does not exceed 90; and

(c) that he was not at any time in the period of twelve months so ending subject under the

immigration laws to any restriction on the period for which he might remain in the United

Kingdom; and

(d) that he was not at any time in the period of five years so ending in the United Kingdom in

breach of the immigration laws.

(3) The alternative requirement referred to in sub-paragraph (1)(a) of this paragraph is that on the

date of the application he is serving outside the United Kingdom in Crown service under the

government of the United Kingdom.

2.

(1) If in the special circumstances of any particular case the Secretary of State thinks fit, he may for

the purposes of paragraph 1 do all or any of the following things, namely—

(za) treat the applicant as fulfilling the first requirement specified in paragraph 1(2)(a)

although the applicant was not in the United Kingdom at the beginning of the period there

mentioned;

(a) treat the applicant as fulfilling the [second requirement specified in paragraph 1(2)(a) or

the requirement specified in paragraph 1(2)(b)]3, or both, although the number of days on

which he was absent from the United Kingdom in the period there mentioned exceeds the

number there mentioned;

(b) treat the applicant as having been in the United Kingdom for the whole or any part of

any period during which he would otherwise fall to be treated under paragraph 9(1) as

having been absent;

(c) disregard any such restriction as is mentioned in paragraph 1(2)(c), not being a

restriction to which the applicant was subject on the date of the application;

(d) treat the applicant as fulfilling the requirement specified in paragraph 1(2)(d) although he

was in the United Kingdom in breach of the immigration laws in the period there mentioned;

(e) waive the need to fulfil either or both of the requirements specified in paragraph 1(1)(c)

and (ca) if he considers that because of the applicant's age or physical or mental condition it

would be unreasonable to expect him to fulfil that requirement or those requirements.

(1A) Sub-paragraph (1B) applies where the applicant has indefinite leave to enter or remain in the

United Kingdom.

(1B) The Secretary of State may for the purposes of paragraph 1 treat the applicant as fulfilling the

requirement specified in paragraph 1(2)(d), without enquiring into whether or not the applicant was in

the United Kingdom in breach of the immigration laws in the period there mentioned.

(1C) The reference in sub-paragraph (1A) to having indefinite leave to enter or remain is to be

construed in accordance with the Immigration Act 1971.

Naturalisation as a British citizen under section 6(2)

3.

Subject to paragraph 4, the requirements for naturalisation as a British citizen under section 6(2) are,

in the case of any person who applies for it—

(a) that he was in the United Kingdom at the beginning of the period of three years ending

with the date of the application, and that the number of days on which he was absent from

the United Kingdom in that period does not exceed 270; and

(b) that the number of days on which he was absent from the United Kingdom in the period

of twelve months so ending does not exceed 90; and

(c) that on the date of the application he was not subject under the immigration laws to any

restriction on the period for which he might remain in the United Kingdom; and

(d) that he was not at any time in the period of three years ending with the date of the

application in the United Kingdom in breach of the immigration laws; and

(e) the requirements specified in paragraph 1(1)(b), (c) and (ca).