Opinion Number. 1063

Subject

NATURALIZATION WHETHER RESIDENCE QUALIFICATION APPLIES TO DECEASED ALIENS WIDOW WHO WAS PREVIOUSLY NATURALIZED BUT WHO IMMEDIATELY BEFORE HER MARRIAGE WAS NOT A BRITISH SUBJECT

Key Legislation

NATIONALITY ACT 1920, s. 7 (5)

Date
Client
The Secretary, Department of Home and Territories

The Secretary, Department of Home and Territories, has forwarded me the

following minute for advice:

I shall be glad to be advised, as early as possible, in regard to the following: A German lady, single, was naturalized in South Australia in 1882. She contracted marriage in Australia with a German. He died, and she next married a Czechoslovak who also died. This lady is now returning from Europe and desires to become a British subject again.

Your attention is invited to section 7, sub-section (5) of the Nationality Act 1920, in which the following words occur:

In the case of a woman who was a British subject previously to her marriage to an alien, and whose husband has died or whose marriage has been dissolved, the requirements of this section as to residence shall not apply . . . Please state whether in view of the fact that the lady was a German subject when she entered into marital relations with the Czechoslovak, she could be regarded as 'a woman who was a British subject etc' and thus be free from the obligation of fulfilling the residence qualification.

In my opinion sub-section (5) of section 7 applies to cases in which a woman was, immediately prior to her marriage to an alien, a British subject, and who, upon the death of her husband, seeks to regain British nationality.

In the case cited in the above minute, therefore, the applicant is not entitled to claim exemption from the residence requirements of section 7.

[Vol. 17, p.296]