Area of Law: UK & Europe Travel and Immigration
Answer # 6161
Born outside of marriage to British father - can I apply to register as a British citizen today?
Region: Ontario Answer # 6161Before 1 July 2006, British citizenship could not be transmitted through an unmarried British father. If you were born before that date to a British father and a non-British mother, and your parents were not married at the time of your birth, you would not have acquired British citizenship automatically — even if you would have done so had your parents been married.
This is one of the clearest examples of historical legislative unfairness recognized under Section 4L of the British Nationality Act 1981. If you can demonstrate that you would have become a British citizen but for the fact that your parents were unmarried, you may be eligible to apply for registration as a British citizen.
You will need to provide evidence of your father’s British citizenship at the time of your birth, establish the parent-child relationship, and provide your identity documents. A good character assessment applies, and as with all section 4L applications, the Home Secretary retains discretion over whether to grant registration.
Given the documentary and legal complexity involved, it is strongly advisable to obtain specialist immigration advice before applying to register as a British Citizen in Special Circumstances.
Get more information and legal help
To learn more, please get in touch with Sterling Immigration Ltd.
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