In some cases, a person loses the opportunity to acquire or register as a British citizen because of incorrect or misleading advice given by a government official or public authority. Where that error or omission directly caused you to miss out on British citizenship, you may be able to apply under Section 4L of the British Nationality Act 1981 on the grounds of an act or omission of a public authority.

A public authority for these purposes is broadly defined and includes government departments and local authorities. It does not include Parliament. To succeed on this ground, you must be able to show that, but for the error or omission, you would have been or become a British citizen — and that the connection between the authority’s failing and your loss of citizenship is clear rather than speculative.

These applications are particularly fact sensitive. The Home Office will examine the specific advice given, when it was given, and whether it genuinely caused you to miss your entitlement. Documentation such as correspondence with officials, records of applications made, and evidence of the steps you took at the time will all be important.

A good character assessment applies, and the decision remains discretionary.

Get more information and legal help

To learn more, please get in touch with Sterling Immigration Ltd.

								
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