Citizenship (Armed Forces) Bill

Lord Trefgarne Excerpts

Friday 7th February 2014 Lords Chamber

Moved by

[Lord Trefgarne]

That the Bill be read a second time.

[Lord Trefgarne (Con)]

My Lords, the Bill has, of course, now passed through the other place in the expert hands of my honourable friend Mr Jonathan Lord. It allows the Secretary of State—that is to say, the Home Secretary—to waive the requirement in the case of members of the Armed Forces to have been in the United Kingdom on the date five years before an application for naturalisation. Your Lordships will appreciate that members of the Armed Forces could be on an overseas posting at the relevant date and thus placed at a disadvantage.

Accordingly, the Bill seeks to amend Schedule 1 to the British Nationality Act 1981, which sets out the requirements for naturalisation as a British citizen under Section 6(1) of that Act. That section allows for naturalisation on the grounds of residence in the United Kingdom. The same Act requires the applicant to be physically present in the United Kingdom at the start of the five-year qualifying period for naturalisation. Although so-called Crown service provides an exemption from this provision, that exemption can in practice be used only in cases of exceptional Crown service. The effect of the Bill is to broaden this exemption to accommodate service in Her Majesty’s forces, including the circumstances where a member has been subsequently discharged or has returned to the United Kingdom. The definition of members of the Armed Forces is taken from Section 50 of the British Nationality Act, to which I have just referred.

I am glad to say that the costs associated with implementing this Bill will be negligible since these applications are funded through application fees and no significant change in the volume of applications is expected. Service personnel will benefit from the Bill as soon as its provisions take effect, which is set at two months from Royal Assent. I beg to move.

--- Later in debate ---

[Lord Trefgarne]

My Lords, I am enormously grateful to all noble Lords who have spoken in support of the Bill, including the noble Baroness. The right reverend Prelate is of course quite right that the Bill comes within the context of the military covenant and is very much a downstream effect of that particular measure.

The noble Baroness, Lady Smith, asked about delays caused by injuries that might have been incurred overseas. For settlement applications, the requirement for four years’ service can be waived if an illness or injury is attributable to service and is sustained in an operational theatre. If it is not, a number of factors will be considered, including the severity of the injury, the length of service, the prognosis for recovery and the applicant’s ability to support himself or herself. Limited leave may be given where the applicant does not qualify for settlement but needs a period of recovery before they leave the United Kingdom. A member of the Armed Forces who is granted settlement following medical discharge will be able to apply for citizenship as and when the five-year residency requirement is met. For example, if the individual is medically discharged and granted indefinite leave to remain after two years’ service, he must wait a further three years before becoming eligible to naturalise. The Bill has the potential to help such an individual where he or she was serving overseas on the date five years before the application for naturalisation. The Secretary of State could, at the moment, waive the requirement where the individual was still serving and still overseas, but the Bill will extend this discretion to those who have left Her Majesty’s forces or who have returned to the UK. I hope that that is a satisfactory explanation.

Bill read a second time and committed to a Committee of the Whole House.