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Section 48: Meaning of references to being in breach of immigration laws

Borders, Citizenship and Immigration Act 2009 · 2009 c. 11View on legislation.gov.uk

Part 2: Citizenship

After section 50 of the British Nationality Act 1981 (c. 61) insert—

Section 11 of the Nationality, Immigration and Asylum Act 2002 (c. 41) ("the 2002 Act") (unlawful presence in the United Kingdom) ceases to have effect.

Notwithstanding its repeal, section 11 of the 2002 Act is to continue to have effect for the purpose of determining on or after the relevant day—

whether a person born before the relevant day is a British citizen under section 1(1) of the British Nationality Act 1981 (c. 61),
whether, on an application under section 1(3) or 4(2) of that Act made but not determined before the relevant day, a person is entitled to be registered as a British citizen,
whether, on an application under section 6(1) or (2) of that Act made but not determined before the relevant day, the applicant fulfils the requirements of Schedule 1 for naturalisation as a British citizen under section 6(1) or (2) of that Act, or
whether, in relation to an application under section 1(3) or 6(1) or (2) of that Act made on or after the relevant day, a person was in the United Kingdom "in breach of the immigration laws" at a time before 7 November 2002 (the date of commencement of section 11 of the 2002 Act).

Where section 11 of the 2002 Act continues to have effect by virtue of paragraph (d) of subsection (3) for the purpose of determining on or after the relevant day the matter mentioned in that paragraph, section 50A of the British Nationality Act 1981 is not to apply for the purpose of determining that matter.

The relevant day for the purposes of subsection (3) is the day appointed for the commencement of this section.

In paragraph 7(a) of Schedule 3 to the 2002 Act (definition of persons unlawfully in the UK who are ineligible for support), for "section 11" substitute ." section 50A of the British Nationality Act 1981 "

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This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.