Legislative Guidance for Automatic Acquisition of British Citizenship

advtanmoy 03/12/2023 6 minutes read

There exist different legislation that sets out when an individual will have a claim to automatic British citizenship.

Earning Automatic British Citizenship

(1)A person born in the United Kingdom after commencement, or in a qualifying territory on or after the appointed day, shall be a British citizen if at the time of the birth his father or mother is—

(a) a British citizen; or

(b) settled in the United Kingdom or that territory.

(1A) A person born in the United Kingdom or a qualifying territory on or after the relevant day shall be a British citizen if at the time of the birth his father or mother is a member of the armed forces.

(2) A new-born infant who, after commencement, is found abandoned in the United Kingdom, or on or after the appointed day is found abandoned in a qualifying territory, shall, unless the contrary is shown, be deemed for the purposes of subsection (1)—

(a) to have been born in the United Kingdom after commencement or in that territory on or after the appointed day; and

(b) to have been born to a parent who at the time of the birth was a British citizen or settled in the United Kingdom or that territory.

(3) A person born in the United Kingdom after commencement who is not a British citizen by virtue of subsection (1) or (2) or section 10A shall be entitled to be registered as a British citizen if, while he is a minor—
(a)his father or mother becomes a British citizen or becomes settled in the United Kingdom; and
(b)an application is made for his registration as a British citizen.

(3A) A person born in the United Kingdom on or after the relevant day who is not a British citizen by virtue of subsection (1), (1A) or (2) or section 10A shall be entitled to be registered as a British citizen if, while he is a minor—

(a)his father or mother becomes a member of the armed forces; and
(b)an application is made for his registration as a British citizen

(4) A person born in the United Kingdom after commencement who is not a British citizen by virtue of subsection (1), (1A)] or (2) or section 10A shall be entitled, on an application for his registration as a British citizen made at any time after he has attained the age of ten years, to be registered as such a citizen if, as regards each of the first ten years of that person’s life, the number of days on which he was absent from the United Kingdom in that year does not exceed 90.

(5)Where—

(a)any court in the United Kingdom or, on or after the appointed day, any court in a qualifying territory] makes an order authorising the adoption of a minor who is not a British citizen; or

(b)a minor who is not a British citizen is adopted under a Convention adoption 5effected under the law of a country or territory outside the United Kingdom],that minor shall, if the requirements of subsection

(5A) are met, be a British citizen as from the date on which the order is made or the Convention adoption is effected, as the case may be.

(5A)Those requirements are that on the date on which the order is made or the Convention adoption is effected (as the case may be)—

(a)the adopter or, in the case of a joint adoption, one of the adopters is a British citizen; and
(b)in a case within subsection (5)(b), the adopter or, in the case of a joint adoption, both of the adopters are habitually resident in the United Kingdom or in a designated territory.

(6)Where an order or a Convention adoption] in consequence of which any person became a British citizen by virtue of subsection (5) ceases to have effect, whether on annulment or otherwise, the cesser shall not affect the status of that person as a British citizen.

(7)If in the special circumstances of any particular case the Secretary of State thinks fit, he may for the purposes of subsection (4) treat the person to whom the application relates as fulfilling the requirement specified in that subsection although, as regards any one or more of the first ten years of that person’s life, the number of days on which he was absent from the United Kingdom in that year or each of the years in question exceeds 90.

(8)In this section and elsewhere in this Act “settled” has the meaning given by section 50 F18….

(9)The relevant day for the purposes of subsection (1A) or (3A) is the day appointed for the commencement of section 42 of the Borders, Citizenship and Immigration Act 2009 (which inserted those subsections).]

Acquisition of British Citizenship: Connected Laws

section 11 of the British Nationality Act 1981 which explains which people born before 1 January 1983 acquired British citizenship automatically on that date

sections 1(1) and 1(2) of the British Nationality Act 1981 which explain which people born, or deemed to have been born, in the UK on or after 1 January 1983 or in the UK or a qualifying territory on or after 21 May 2002, acquired British citizenship

section 1(5) of the British Nationality Act 1981 which explains which people acquire British citizenship by adoption or parental order in the UK on or after 1 January 1983

sections 1(2) and 1(3) of the British Nationality (Falkland Islands) Act 1983 which explain which people born, or deemed to have been born, in the Falkland Islands on or after 1 January 1983 before 21 May 2002 acquired British citizenship automatically at birth

section 2(1) of the British Nationality Act 1981, as amended by the British Overseas Territories Act 2002 which explains which people born outside the UK on or after 1 January 1983 acquired British citizenship automatically at birth

the British Overseas Territories Act 2002, which makes special provision in respect of those who, immediately before 21 May 2002, were either British Overseas Territories citizens or had a connection with the British Indian Ocean Territory

The British Nationality Act 1981 (Immigration Rules Appendix EU) (Amendment) Regulations 2021 which insert section 10A into the British Nationality Act 1981, ensures that specific children born in the UK after the grace period ends on 30 June 2021, who would otherwise not be British citizens, do not need to make a separate application to become one

The British Nationality (Regularisation of Past Practice) Act 2023– An Act to make provision for immigration restrictions to be disregarded for the purposes of the British Nationality Act 1981 in historical cases in which such restrictions were in practice disregarded.

This act adds section 50B to the British Nationality Act 1981, which confirms that individuals in exercise of a free movement right in the UK in the remedial period (which is 1 January 1983 to 1 October 2000 inclusive in Great Britain and Northern Ireland but differs in the Crown Dependencies) were not subject to immigration time restrictions. The legislation is treated as always having had an effect.

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British Government Statement: Policy in India 1946

Acquisition of British Citizenship