Moved by
Baroness Ludford
34: After Clause 10, insert the following new Clause—
“Acquisition of British citizenship by birth or adoption: comprehensive sickness insurance
(1) The European Union (Withdrawal Agreement) Act 2020 is amended as follows.
(2) After section 15, insert—
15A Comprehensive sickness insurance
(1) For the purposes of any decision taken by a public authority under this Part after commencement of this section, a person is to be treated as having met a requirement to have held comprehensive sickness insurance, whenever they—
(a) had access to the NHS in practice, or
(b) held a comprehensive sickness insurance policy.
(2) This section applies in particular to any decisions taken under residence scheme immigration rules.”
(3) The British Nationality Act 1981 is amended as follows.
(4) After section 1(3A) insert—
“(3B) A person born in the United Kingdom after commencement who is not a British citizen is entitled, on application, to register as a British citizen if the person’s father or mother would have been settled in the United Kingdom at the time of the person’s birth, if Assumption A had applied.
(3C) Assumption A is that, in assessing whether the person’s father or mother met a requirement to have held comprehensive sickness insurance, this is to be regarded as having been satisfied whenever they—
(a) had access to the NHS in practice, or
(b) held a comprehensive sickness insurance policy.
(3D) Registration under subsection (3B) is free of charge.”
(5) After section 50A insert—
50B Exceptions
Notwithstanding any provision of section 50A, for the purposes of an application for naturalisation or registration made under this Act, a person—
(a) is not to be treated as having been in the United Kingdom in breach of the immigration laws during a period of time that has been counted as part of a continuous qualifying period in a grant of leave to that person under Appendix EU of the Immigration Rules, and
(b) is not to be treated as not being of good character on account of a failure to hold comprehensive sickness insurance during some period of residence in the UK.””
Member’s explanatory statement
This new Clause provides that a person seeking to naturalise as a British citizen, seeking to exercise family reunion rights as a naturalised British citizen, or seeking to have their UK-born children recognised as British at birth, need not have had comprehensive sickness insurance prior to naturalising or prior to the birth of their child.