Citizenship (Armed Forces) Bill

Debate between Edward Leigh and Jonathan Lord

Friday 13th September 2013 Commons Chamber

[Jonathan Lord (Woking) (Con)]

I beg to move, That the Bill be now read a Second time.

The Bill is brief and to the point—it has just two clauses. It seeks to amend the British Nationality Act 1981 to ensure that foreign and Commonwealth citizens in the forces who wish to apply for naturalisation as a British citizen under section 6(1) are not disadvantaged because of time served overseas. In order to apply for naturalisation as a British citizen under section 6(1), a person must have been resident in the United Kingdom for the previous five years. The Secretary of State has the discretion to disregard time spent outside the United Kingdom during that period, but an applicant must, in all cases, have been in the United Kingdom at the beginning of the period. That means that foreign and Commonwealth citizens in the armed forces who are posted overseas may have to wait longer than those who remain in the United Kingdom.

[Sir Edward Leigh (Gainsborough) (Con)]

I have been trying to understand the Bill. Is the key moment the precise moment at the end of the five years? Is that the law under the 1981 Act? It is unclear to me, and I am sure that my hon. Friend can explain it to the House.

[Jonathan Lord]

The key point is that under the 1981 Act a foreigner or Commonwealth citizen applying for naturalisation—the pass to British citizenship—has to have been in the UK on the exact date five years prior to making that application. Of course, it is invidious that a foreign or Commonwealth soldier serving Queen and country in our armed forces overseas, perhaps even in a conflict zone, should not be able to make such an application when other soldiers based in the UK or other men and women living in the UK would be able to do so.

--- Later in debate ---

[Jonathan Lord]

My understanding is that it would cover such people, but I look to the Minister to give us a little more clarification on that point. The key thing is that a person will have to be serving in our armed forces to be covered. It is my understanding that Army reservists are very much a part of our armed forces. I have to say, however, that we would be unlikely to find foreign or Commonwealth citizens serving in our reserve forces. They tend to join the full armed forces, rather than the reserves. It is a full-time vocation and a full-time job, and we want to recognise their hard work and dedication.

[Sir Edward Leigh]

Will my hon. Friend clarify what will happen when the Bill has become an Act? Someone will have to have been a fully fledged member of the armed forces for five years, but it will not matter where they were during the five years before they apply for naturalisation. Will they, at that point, have an automatic right to become a British citizen unless they have misbehaved? I am sure that that is right, but I was unable to find that fact in the Library.

[Jonathan Lord]

At that point, the person would follow the normal naturalisation process for citizenship. The key point is that a member of the armed services will be able to apply even if they have been posted abroad.

[Sir Edward Leigh]

I presume, though, that once they have done their five years and applied for naturalisation, they will pretty much have an absolute right to become a British citizen. Has my hon. Friend discussed this interesting point with the Minister?

[Jonathan Lord]

I have a large amount of notes relating to the naturalisation process and all the disqualifications that could block the path to British citizenship of a member of the armed forces. Factors such as dishonourable discharge and criminality could lead to disqualification, along with all the other kinds of things that one would expect a potential citizen of this country to be judged on, whether they were a soldier or a civilian.