Registration as a British citizen: Historical unfairness and special circumstances

Certain individuals born to unmarried British parents can register as British citizens under the British Nationality Act 1981 (‘BNA’) if they would have automatically qualified, had their parents been married at the time of their birth. Others may also be able to make applications under special circumstances.

Here, we consider the registration routes of the BNA 1981 – Sections 4C, 4F-4I, and 4L.

Addressing historical legislative unfairness

Before 1 January 1983, when the BNA 1981 came into force, women who were British subjects or citizens of the United Kingdom and colonies were not able to pass on citizenship to their children born abroad. In 2003, the Nationality, Immigration and Asylum Act 2002 inserted section 4C into the BNA, allowing those children to register as British citizens by descent.

The purpose of section 4C is to provide those who were born overseas prior to 1983, and who would have been British citizens were it not for that discrimination, with the opportunity to register as such.

Similarly, prior to 1 July 2006, a British father could not pass on citizenship to a child born outside the UK if he was not married to the child’s mother. Likewise, children born between 1 January 1983 and 30 June 2006 in the UK to a settled or British citizen father might not have become a British citizen if the parents were not married. To readdress this unfairness, the Immigration Act 2014 added sections 4F-4I to the BNA 1981.

Sections 4C and 4F-4I of the BNA 1981 provide several registration routes by descent for those who would have automatically become British citizens or would be entitled to registration under other provisions of the BNA 1981, had their parents been married at the time of their birth.

It is worth noting that the above registration routes apply to individuals whose ‘natural father’ was not married to their mother at the time of their birth. This includes people whose mother was married to someone else (who was not their natural father) at the time of the birth. ‘natural father’ means a person who satisfies the proof of paternity requirements as set out in the BNA 1981. Individuals in these circumstances may need to provide proof of paternity if their natural father is not named on their birth certificate, such as a DNA test report or a court order.

Below, we have provided a summary of the main requirements under each of these registration routes.

Children of British mothers – Section 4C

An individual will qualify for registration if they were born overseas before 1 January 1983 and:

they would either:
- have become a citizen of the United Kingdom and Colonies (CUKC) under section 5 or schedule 3, paragraph 3 of the British Nationality Act 1948, if those sections had provided for women to pass on citizenship in the same way as men; or
- have become a CUKC under section 12(2), 12(3), 12(4) or 12(5), of the British Nationality Act 1948, if those sections had provided for women to pass on citizenship in the same way as men, and women had been able to pass on British subject status in the same way as men before 1949; or
they would have had the right of abode in the United Kingdom by virtue of section 2 of the Immigration Act 1971 if they had they become a CUKC as set out in the previous bullets.

Where an individual was born outside the UK between 1 January 1949 and 31 December 1982 (inclusive) to a British mother, there is no requirement that their birth must have been registered with a UK consulate in the 12-month period after their birth. However, those born before 1 January 1949 outside the UK to a British mother, must have their birth registered with a UK consulate in the 12-month period after their birth.

The evidence that individuals must provide to support their application under this section includes:

their birth certificate;
evidence of their mother’s status as a British subject/CUKC at the time of their birth; and
further relevant documents, such as the mother’s birth certificate or residence evidence from the individual.

The full list of documents will depend on the particular circumstances of each case.

Registration under this route will give individuals British citizenship by descent. This type of citizenship means that their entitlement to British citizenship can typically not pass to their children born abroad.

Children of British or settled fathers – Sections 4F-4I

Similarly, provisions were implemented to provide an entitlement to register where a person would have been entitled under the paternal line, had their parents been married.

Section 4F
Individuals would have an entitlement to register as British citizens where they would have been entitled to register as British under sections 1(3), 3(2), 3(5) or paragraphs 4 or 5 of Schedule 2 of the BNA 1981, had their mother been married to their father at the time of their birth. Applicants will need to demonstrate that they meet all of the requirements under any of the sections mentioned above, including that they are of good character, if over the age of ten.

Whether the application can be made as an adult, or a minor, will depend on what the requirements would have been under the relevant section of the BNA. For example, an individual wishing to rely on an entitlement to registration under section 1(3), 3(2) or 3(5) would need to be under 18 on the date of application. This provision, therefore, does not apply to those who could have registered in the past but no longer qualify as they are now adults.

The evidence that an applicant must provide to support their application under section 4F includes the following:

Documents to establish a registration entitlement under one of the sections mentioned above.
Parental consent of both parents (this is required when applying under section 3(5)).

Individuals registering under section 4F, whose only route to registration as British citizens (had their parents been married) would have been under section 3(2), will be British citizens by descent. Otherwise, they would be a British citizen otherwise than by descent, which means that they will be able to pass on their citizenship to any of their children that are born overseas.

Section 4G
This section applies to individuals born after 1 January 1983 who would have become British automatically if their parents had been married at the time of their birth.

The evidence that individuals must provide to support their application include:

documents to establish that the individual would have had an automatic claim, had their parents been married, such as their birth certificate and father’s birth certificate, passport or evidence of settled status;
proof of paternity; and
parental consent (if the person is under the age of 18).

Section 4H and 4I
Individuals born before 1 January 1983 who were CUKCs immediately before that date and would have become British citizens, had their parents been married at the time of their birth, can register under section 4H.

The evidence that an applicant must provide to support their application includes:

documents to establish a claim to British citizenship had their parents been married, for example, evidence that the person was a CUKC on 31 December 1982, such as a CUKC passport or birth certificate or evidence to show that they would have become a British citizen, had the parents been married, such as the father’s birth certificate or a British citizen passport; and
proof of paternity.

Similarly, those born before 1 January 1983 who would have acquired British subject or CUKC status and would have then gone on to become a British citizen, had their parents been married at the time of their birth, may be registered as British citizens under section 4I.

The evidence that an applicant must provide to support their section 4I application includes:

documents to establish a claim to British citizenship, had their parents been married, for example, evidence that they would have become a British subject or CUKC had their parents been married, such as the father’s birth certificate or UK passport, and the applicant’s birth certificate – if the person was born overseas, you will also need to be satisfied that the father could pass on citizenship; and
proof of paternity.

It is important to note that the above provisions do not apply to those who could have become a British citizen, had their parents registered their birth or registered them as a British subject or CUKC, but did not do so. They also do not apply to those who would have become British citizens, but for the fact that their grandparents were not married, acquired British citizenship in another way and have since renounced or been deprived of that status.

Some of the sections stated above apply to adults or child applicants.

Following registration under sections 4G-4I, individuals will be British citizens by descent if they would automatically have become a British citizen by descent, had their parents been married at the time of their birth.

Special circumstances – Section 4L

This special registration route was introduced by the Nationality and Borders Act 2022, which also contains other measures for those affected by historical legislative unfairness. It is a registration route for those who would have been, or would have been able to become, a British citizen, but for one or more of three statutory reasons, which are set out below.

Under section 4L of BNA 1981, an individual may be registered as a British citizen if:

they are of full age and capacity; and
in the Secretary of State’s opinion, they would have been, or would have been able to become, a British citizen, was it not for one or more of the three reasons explained below:

Historical legislative unfairness

Section 4L(2) states that ‘historical legislative unfairness’ includes, but is not limited to, where the person would have become, or not ceased to be, a British subject, CUKC or British citizen, if an act of Parliament, or subordinate legislation, had treated men and women equally, treated children of unmarried couples in the same way as children of married couples, or treated children of couples where the mother was married to someone other than the natural father in the same way as children of couples where the mother was married to the natural father.

An act or omission of a public authority

Section 4L(3) defines a ‘public authority’ as any public authority within the meaning of section 6 of the Human Rights Act 1998, other than a court or tribunal. This includes any person whose functions are that of a public nature. This definition can include a government department or a local authority. It does not, however, include either Houses of Parliament or a person exercising functions in connection with proceedings in Parliament (for example, MPs and members of the House of Lords).

Exceptional circumstances relating to that person

This is to be used where those exceptional circumstances directly prevented the individual from acquiring citizenship. It is not intended to be used to cover cases where a person does not meet the requirements for other routes. There needs to be a clear link between their particular and exceptional circumstances and the failure to be, or become, a British citizen.

The decision maker will consider whether an applicant would have, or would have been able to become, bar the reason(s) set out, either a British citizen automatically (this can be by birth, descent or adoption) or qualified for registration or naturalisation as a British citizen.

It is essential that the person applying under this section shows that:

they would have been, or would have been able to become, a British citizen – taking into account the legislation in force at the time and citing the section or sections which would have applied to them; and
that at least one of the three statutory reasons led directly to them not becoming, or not being able to become, a British citizen.

Examples of cases that may meet the requirements under section 4L include children born in the UK to foreign diplomats, children with British grandmothers in Crown Service, or children who were in local authority care who would have been eligible to register but the local authority did not do so.

If an individual is registered under section 4L, they will become a British citizen otherwise than by descent, which means that they will be able to pass on their citizenship to children born overseas.

Other factors to consider: The good character requirement

The good character requirement applies to applications for registration and naturalisation from those who are aged ten or over at the time that the application is made. This requirement applies, amongst others, to applications made on the basis of:

section 4F, if the relevant provision relied on is BNA 1981, s 1(3), 3(2), 3(5) or 4D; and
section 4L, unless a person had an automatic claim. This means that if the individual would have acquired citizenship automatically, but for the above reasons, they will not be required to provide evidence that they are of good character.

However, this requirement does not apply to some applications, including those made under sections 4C, 4G, 4H, 4I, 4F (on the basis that the person would be entitled to register under paragraph 4 or 5 of Schedule 2 to the BNA 1981), 4L – where a person would have had an automatic claim.

Application process

The registration application under any of the routes explained in this article must be made under the relevant form applicable to the specific routes. Applicants must also provide biometric information in the form of fingerprints and a photo as part of the application process.

Applicants must attend a citizenship ceremony, unless the decision maker disapplies or modifies the requirement due to the particular circumstances of the case. At the ceremony, they must take an oath of allegiance or an affirmation of allegiance and a pledge of loyalty to the UK. British citizenship is conferred immediately upon making the oath/affirmation and pledge.

Registration vs naturalisation

It is worth noting that many individuals in the circumstances discussed in this article, may also be eligible to apply for naturalisation under the BNA 1981, section 6(1) or section 6(2), and this option should be considered. The biggest advantage of naturalisation, instead of registration, should be noted, namely that naturalisation would give the applicant British citizenship “otherwise than by descent” so that individuals can pass their nationality onto their children born abroad.

You can find further information about the eligibility criteria for naturalisation applications here.

Registering as British: How our Immigration Solicitors can help

Applications for registration under the above sections can be complex. In exceptionally complex cases, advice from a barrister may also be required. We are experienced in advising upon and preparing all types of registration applications.

If you require a review of your circumstances to establish whether you may be eligible to apply, or if you require legal advice about an application, please contact us to speak with with one of our immigration specialists or make an enquiry below.