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Proposed changes to the law on citizenship
03 August 2009
The Borders, Citizenship and Immigration Bill, which received Royal Assent on 21 July, will introduce certain changes to British nationality law.
The new registration provisions will need to be commenced by order. We intend to commence these by early 2010. The 'earned citizenship' provisions, which will amend the requirements for naturalisation, will be commenced in the summer of 2011.
One of the changes amends the British Nationality Act 1981 so that a person born in the United Kingdom to a parent in the armed forces will be a British citizen. This already happens, but the changes to the 1981 Act will put the matter beyond doubt.
For children born overseas to those in the armed forces, the Borders, Citizenship and Immigration Act inserts a new section 4D into the British Nationality Act 1981, which will entitle a person born outside the United Kingdom to register as a British citizen if:
- he or she was born to a Foreign and Commonwealth member of the United Kingdom armed forces; and
- that parent was serving outside the United Kingdom at the time of birth; and
- both parents consent to the registration.
A change has been made to section 3(2) of the British Nationality Act 1981. At the moment, children of British citizens by descent can only be registered under that section if an application is made within 12 months of the birth (or six years, if the Home Secretary allows). The change will allow an application to be made at any time before a child's reaches the age of 18. More information about registration under section 3(2) can be found in Guide MN1, which you can download from the right side of this page.
The changes in the Act will allow British Nationals (Overseas) to be registered under section 4B of the British Nationality Act 1981 if they do not hold any other citizenship or nationality. A person will not qualify under this section if they have done anything after 19 March 2009 that resulted in the loss of another nationality. More information about registration under section 4B can be found in Guide B(OS), which you can download from the right side of this page.
A person who has a British mother currently has a right to register as a British citizen under section 4C of the British Nationality Act 1981 if:
- he or she was born between 7 February 1961 and 1 January 1983; and
- he or she would have become a British citizen if women had been able to pass on citizenship in the same way as men at that time.
The new Act extends the provisions of section 4C to those born before 1961.
Further information about registration under section 4C can be found in Guide UKM, which you can download from the right side of this page.
The government is also making changes to the requirements for naturalisation, to introduce the concept of earned citizenship.
Further information about commencement of the nationality provisions will be posted on our website in due course.
Update - 10 September 2009
We have provided clarification on the implementation of the above changes, which will not come into effect until 2010 or later. See the Changes to the law on citizenship - information for applicants news story for details.