Part 1: Nationality Chapter 1: British Overseas Territories citizenship Powers of the Secretary of State relating to citizenship etc. Section 9: Requirements for naturalisation etc.
Overview: This section enables the Secretary of State to waiver a requirement for naturalisation as a British citizen under section 6, naturalisation as a British Overseas Territories citizen under section 18 and registration as a British citizen under section 4 of the British Nationality Act 1981 ("the 1981 Act"), namely to have been present in the UK (or British Overseas Territory) at the start of the applicable residential qualifying period.
	Background: Section 6 of the 1981 Act gives the Home Secretary the power to grant a certificate of naturalisation to an adult. The requirements for naturalisation are set out at Schedule 1 to the 1981 Act. There is a requirement to complete a period of either three or five years’ residence in the UK (or a British Overseas Territory) before an application can be made (this is the residential qualifying period). The individual must have been present in the UK (or British Overseas Territory) at the beginning of the residential qualifying period.
	Section 4 of the 1981 Act, a provision for registration of British nationals as British citizens, has residence requirements which mirror those for naturalisation and so will be amended in line. Similar provisions exist for naturalisation as a British Overseas Territories citizen, at section 18 of the 1981 Act.
	The rationale behind these requirements is that an individual must be able to demonstrate a sustained connection with the UK (or British Overseas Territory), although absences up to a specified number of days are permitted by the legislation.
	The Secretary of State has the power to waive the requirement relating to the maximum number of days absence and to treat this requirement as fulfilled in the special circumstances of a particular case (set out at paragraphs 2 and 6 of Schedule 1 to the 1981 Act for British citizenship and BOTC, respectively, and in section 4(4) for registration).
	There is currently no power to waive the requirement to have been present in the UK at the start of the qualifying period (except in relation to applications for naturalisation as British citizens from current or former members of the armed forces). This presents a barrier in otherwise deserving cases.
	This section amends the 1981 Act to allow the Secretary of State to waive the requirement that the individual must have been present in the UK or relevant territory at the start of the qualifying period in the special circumstances of a particular case. This waiver will be introduced in relation to the requirements to naturalise as British citizen under section 6 of the 1981 Act, naturalise as a British Overseas Territories citizen under section 18 of that Act, or register as a British citizen under section 4 of that Act.
	Subsection 1 sets out that Schedule 1 amends the 1981 Act to allow this requirement to be waived for sections 4, 6 and 18.
	Subsection 2 removes provisions in the Borders, Citizenship and Immigration Act 2009, which have never been commenced and are no longer required.
	Subsection 3 removes the section of the Citizenship (Armed Forces) Act 2014 which amends section 39 of the Borders, Citizenship and Immigration Act 2009, relating to the uncommenced earned citizenship provisions.