British nationality

Claims to British nationality, whether automatic, or by means of either naturalisation or registration, are governed by the British Nationality Act 1981, and the interpretation of the legislation is set out in the UK Border Agency (UKBA)’s nationality instructions.

British nationality can be quite a complex issue:-

Automatic acquisition - Prior to 1 January 1983, this was fairly straightforward in so far as anyone born in the UK was British, save in certain limited circumstances, for example where the child was born to a diplomat. However, since that time things are less clear-cut, and automatic acquisition depends upon many different factors. There no longer exists in law the concept of jus soli, and whether one automatically acquires British citizenship is primarily dependent upon either a parent’s own British citizenship, and the means by which that was acquired, or in the case that both parents are not British, their UK immigration status.

Naturalisation – Those who have spent a period of 5 years lawfully in the UK (3 years, if married to a British citizen) may be eligible for naturalisation as a British citizen.

Registration – This mainly applies to children who were either born abroad to British fathers post-1982 and prior to 1 July 2007, or children who have a British parent who is unable to automatically transmit that nationality. It can also be relevant to children who were born in the UK, but who did not automatically acquire British citizenship at birth. Although not so common, it is possible for some adults to seek registration, e.g. those who were born abroad to a British mother who at the time could not transmit her nationality.

For those who are considered to have automatically acquired British citizenship, the procedure may be as straightforward as applying for a passport through either the Identity and Passport Service, or the appropriate British consulate for those who are abroad, but naturalisation and registration applications will require a formal application to be made to the UKBA before a British passport can be sought.

Davies Khan is able to advise on all aspects of British nationality in accordance with current law and policy.

For further information, and to discuss your individual circumstances, please contact us.