Case No. UKUT-00162-(IAC)

4. Section 1 of the British Nationality Act 1981 (the “1981 Act”), the subject matter whereof is “Acquisition by birth or adoption”, provides: “(1) A person born in the United Kingdom after commencement, or in a qualifying territory on or after the appointed day, shall be a British citizen if at the time of the birth his father or mother is— (a) a British citizen; or (b) settled in the United Kingdom or that territory.” Section 1 came into operation on 01 January 1983. In section 50 “settlement” is defined as follows: “(1) In this Act, unless the context otherwise requires— … “settled” shall be construed in accordance with subsections (2) to (4) … (2) Subject to subsection (3), references in this Act to a person being settled in the United Kingdom or in a British overseas territory are references to his being ordinarily resident in the United Kingdom or, as the case may be, in that territory without being subject under the immigration laws to any restriction on the period for which he may remain.”