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When Women Could Not Pass British Citizenship by Descent
When Women Could Not Pass British Citizenship by Descent
Before 1983, British women could not automatically pass British citizenship to children born outside the UK.
This was changed by Section 4C of the British Nationality Act 1981 (effective 1983).
Women who were British by descent could not register their children the same way as British men by descent, leading to double descent cases through the maternal grandfather.
Registration under Section 4C of the British Nationality Act 1981
Applications can be made from inside or outside the UK.
Registration is free except for biometric and ceremony fees.
There is no residency requirement.
Since 25 July 2019, the good character requirement does not apply.
Citizenship granted is by descent.
Eligibility Summary
Applicant was born before 1 January 1983.
Applicant’s mother was a Citizen of the UK and Colonies (by birth or descent).
Either the applicant’s mother or maternal grandfather was born, adopted, naturalised, or registered in the UK.
Registration of Persons Born to Unmarried Fathers
Background:
Historically, children born to British fathers who were not married to the mother did not automatically acquire British citizenship. This discrimination was addressed by Section 4G of the British Nationality Act 1981.
Evidence of Relationship:
Birth certificate issued within the first year of birth showing both parents’ names;
If not available, alternative proof such as:
DNA test results (from an approved provider),
Court order, or
Other evidence proving the claimed relationship.
Evidence of Father’s British Citizenship:
Full birth certificate, certificate of naturalisation, passport, or
Proof that father was settled in the UK at your birth (if born in the UK after 1 January 1983).
Good character requirement does not apply since 25 July 2019.
Applications can be made from inside or outside the UK.
Citizenship granted depends on birthplace:
If born in the UK, citizenship is other than by descent.
If born outside the UK, citizenship is by descent.
Persons Born in the UK After 1983 Who Were Not British by Birth but Have Lived in the UK for the First Ten Years of Life
From 1 January 1983, not every person born in the UK automatically becomes a British citizen.
Normally, children born in the UK to parents with limited right of residence are registered as British citizens when one of the parents becomes settled. However, if this did not happen, there is an independent right to register any person born in the UK who lived in the UK for the first ten years after birth.
This application can be made by both children and adults. Although it may be more difficult to collect evidence about the first years of life as an adult, the application can be made at any time without a cut-off date.
British Citizenship for British Nationals (Overseas)
British Nationals (Overseas) (BN(O)) can be registered as British citizens under section 4(2) of the British Nationality Act 1981 on the grounds of residence in the UK.
Lawful residence in the UK for five years before the date of the application, with total absences during this period not exceeding 450 days;
The number of absences from the UK in the last 12 months should not exceed 90 days;
The applicant should have held indefinite leave to remain or settled status for 12 months before the date of the application;
The applicant must have been present in the UK at the beginning of the five-year period prior to the date of application;
The good character requirement applies;
Two referees have to be provided for the application
Historical Unfairness and Special Circumstances
In June 2022, the Nationality and Borders Act 2022 added a new provision to the British Nationality Act 1981 allowing for registration of adults as British citizens if, in the opinion of the Secretary of State, they would have been able to become a British citizen but for:
Historical legislative unfairness,
An act of omission of a public authority, or
Exceptional circumstances relating to the applicant.
According to section 4L of the 1981 Act, “Historical legislative unfairness” includes situations where the applicant would have become, or would not have ceased to be, a British subject or British citizen if:
Males and females were treated equally under applicable legislation, or
Children of unmarried partners were treated the same as children of married couples, or
There was no discrimination against children whose mother was married to a person who was not their natural father.
These provisions:
Consolidate developments in case law,
Repeat provisions existing under section 4C of the 1981 Act, and
Widen the scope of redress for historical discrimination, including discrimination against women.
Before 1948, British women who married foreign nationals and left the UK to live overseas automatically lost their British subject status.
They could not pass British citizenship to their children.
The claim to citizenship for their grandchildren or great-grandchildren was often too remote under earlier provisions.
It is not fully clear if the new provision’s scope is limited only to unequal treatment of women. Historical discrimination against nationals of former British colonies (i.e., Commonwealth citizens) also denied them equal treatment compared to non-Commonwealth citizens. For example:
Registration of British citizenship for children born in double descent was only open outside the Commonwealth.