If you have been born overseas to a British Mother or Father whether they were married or non-married at the time of your birth you may be eligible for making an application to the Home Office (UK) to become a British Citizen.
We can advise on :
Section 65 of the Immigration Act 2014 – Children of British Citizen Fathers
The Immigration Act 2014 received royal assent on 14 May 2014. Section 65 of that Act will be commenced on 6 April 2015.
Section 65 will insert new registration provisions (sections 4E to 4J) into the British Nationality Act 1981 for persons born before 1 July 2006.
The new provisions will create a registration route for:
1. Those who would have become British citizens automatically under the 1981 Act provisions had their parents been married.
2. Those who would currently have an entitlement to registration under the 1981 Act provisions but for the fact that their parents are not married.
Applications can be made from 6 April 2015.
Before 1 July 2006 a child could only obtain citizenship through his or her father if the parents were married. The law changed on 1 July 2006 to allow a person to acquire citizenship through his or her father, irrespective of whether the parents were married, subject to proof of paternity. That change was not made retrospective.
The new provisions will create a registration route for those born before 1 July 2006 who would have become British citizens had their parents been married.
These provisions will apply to:
- Those who could qualify for registration under section 1(3), 3(2), 3(5) or paragraph 4 or 5 of Schedule 2, had their parents been married. (Section 4F)
- Those born after 1 January 1983 who would have become a British citizen automatically had their parents been married (section 4G)
- Those born before 1 January 1983 who were citizens of the United Kingdom and Colonies on that date and would have become British citizens if their parents were married (section 4H)
- Those born before 1 January 1983 who would have acquired the status of British subject or citizen of the United Kingdom and Colonies and would have gone on to become a British citizen if their parents were married (section 4I).
These 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.
- Those who would have become British citizens but for the fact that their grandparents were not married.
- Those who acquired British citizenship in another way and have since renounced or been deprived of that status.
These provisions apply to a person whose natural father was not married to the person’s mother. This includes people whose mother:
- Was not married
- Was married to someone else who was not the child’s natural father.
The person’s "natural father" is a person who can meet the proof of paternity conditions at section 50(9B) of the British Nationality Act 1981 read with the British Nationality (Proof of Paternity) Regulations 2006.
Paternity can be proved by:
a. the person being named as the father on a birth certificate issued within one year of a child’s birth
b. other evidence that shows that a man is the natural father. This can include
- DNA test reports
- Court orders
- Other evidence that shows paternity
Following registration under paragraphs 4G-4I, a person will be a British citizen "by descent" if he or she would automatically have become a British citizen by descent had his or her parents been married.
A person registering under section 4F whose only route to registration as a British citizen (had their parents been married) would have been under section 3(2) will be a British citizen by descent.
Please contact our offices to discuss your matter further.
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