April 6, 2015

Chapter 7A: Registration of Persons Born Before 1 July 2006 Whose Parents Were Not Married

The Home Office has issued another guidance which details the specific registration sections, lays out who falls under which category (4C, 4F-4I), and confirms the fee schedule for each. 

The link to the guidance can be found here -

https://www.gov.uk/government/publications/chapter-7a-registration-of-persons-born-before-1-july-2006-whose-parents-were-not-married-nationality-instructions

March 26, 2015

Application to register as a British citizen: Form UKF

The application to register as a British citizen is now up on the UK Visas and Immigration section of the UK government's website.  Although commencement isn't until April 6, this will give you time to prepare in advance and gather all of the required documents together. 

https://www.gov.uk/government/publications/application-to-register-as-a-british-citizen-form-ukf 
 
Here is the guide, and you'll need to read this before filling out the application form -

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/417972/Guide_UKF_-_March_2015.pdf 
 
 
 Here is the fee schedule.  Anything that has to do with us is called "UKF" (UK Father).  Those applying will have to pay the ceremony fee of 80GBP. 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/415145/Master_Fees_Leaflet_2015.pdf

Keep in mind that this application is first for the consideration.  Once they accept and process the application, you will be sent an invitation to attend your citizenship ceremony.  You will have to complete the ceremony in order to get your citizenship and it will have to be completed in three months after receipt of the invitation.  You can arrange to do this locally, in your own country.  You do not have to go to the UK to complete this step. 
 
Once you complete the citizenship ceremony, you will then receive your certificate of registration as a British citizen.  It is with this certificate that you can move forward and apply for your UK passport. 
 
You will have to pass a good character requirement to be considered for registration.  If you have committed any major crimes, this will most likely have an impact on your application. The guide explains this all in detail.


March 10, 2015

Article From IMMIgroup

Thank you to British By Descent, who sent this to me. Here is an interesting article which neatly lays out the various sections of the new citizenship law, and helps to clarify who specifically qualifies to register under each different one.

http://www.immigroup.com/news/get-your-uk-passport-if-your-dad-was-born-uk-new-rules  

March 3, 2015

April 6, 2015 - Commencement of Section 65 of the Immigration Act 2014

From Immigration Minister, James Brokenshire: Also on 6 April 2015 new provisions will come into force that enable children of unmarried British fathers born before 2006 to register as British citizens, correcting a historical anomaly in our nationality law.

Section 65 - Guidance

Here is the UK government's published guidance of who can apply for UK citizenship under Section 65 of the Immigration Act 2014.

It's pretty straightforward and gives details for each of the registration processes.  Please keep in mind that since the amendments were written to cover just about every possible scenario with regards to a child born before 1 July, 2006, to an unmarried British father, you will have to follow the sections that are pertinent to your specific situation. The link to the guidance is in the title below.

Information on how a child can become a British citizen if their father is a British citizen under Section 65 of the Immigration Act 2014.

To give a brief synopsis of all the sections one can apply for citizenship under:

4F - Is for those who could qualify for registration under section 1(3), 3(2), 3(5) or paragraph 4 or 5 of Schedule 2, had their parents been married. 

4G - Is for those born after 1 January 1983 who would have become a British citizen automatically had their parents been married.

4H - Is for those born before 1 January 1983 who were citizens of the United Kingdom and Colonies on that date and would have become British citizens if their parents were married.

4I - Is for those born before 1 January 1983 who would have acquired the status of British subject or citizen of the United Kingdom and Colonies and would have gone on to become a British citizen if their parents were married.

So far, if you are applying under section 4F, you will need to pay an application fee.  For those who are applying under sections 4G, 4H, and 4I, you will not be paying a registration fee, but you will have to pay a ceremony fee of £80.  I'll keep you updated if this changes.

Immigation Act 2014 - Section 65

Here's a link to the Immigration Act 2014.  We are under Part 6 / Miscellaneous / Citizenship / Section 65.  You can also view and download a PDF file of the Immigration Act 2014.

Persons unable to acquire citizenship: natural father not married to mother

After section 4D of the British Nationality Act 1981 insert—
4E    The general conditions
For the purposes of sections 4F to 4I, a person (“P”) meets the general conditions if—
(a)P was born before 1 July 2006;
(b)at the time of P’s birth, P’s mother—
(i)was not married, or
(ii)was married to a person other than P’s natural father;
(c)no person is treated as the father of P under section 28 of the Human Fertilisation and Embryology Act 1990; and
(d)P has never been a British citizen.
4F     Person unable to be registered under other provisions of this Act
(1)A person (“P”) is entitled to be registered as a British citizen on an application made under this section if—
(a)P meets the general conditions; and
(b)P would be entitled to be registered as a British citizen under—
(i)section 1(3),
(ii)section 3(2),
(iii)section 3(5),
(iv)paragraph 4 of Schedule 2, or
(v)paragraph 5 of Schedule 2,
had P’s mother been married to P’s natural father at the time of P’s birth.
(2)In the following provisions of this section “relevant registration provision” means the provision under which P would be entitled to be registered as a British citizen (as mentioned in subsection (1)(b)).
(3)If the relevant registration provision is section 3(2), a person who is registered as a British citizen under this section is a British citizen by descent.
(4)If the relevant registration provision is section 3(5), the Secretary of State may, in the special circumstances of the particular case, waive the need for any or all of the parental consents to be given.
(5)For that purpose, the “parental consents” are—
(a)the consent of P’s natural father, and
(b)the consent of P’s mother,
insofar as they would be required by section 3(5)(c) (as read with section 3(6)(b)), had P’s mother been married to P’s natural father at the time of P’s birth.
4G     Person unable to become citizen automatically after commencement
(1)A person (“P”) is entitled to be registered as a British citizen on an application made under this section if—
(a)P meets the general conditions; and
(b)at any time in the period after commencement, P would have automatically become a British citizen at birth by the operation of any provision of this Act or the British Nationality (Falkland Islands) Act 1983, had P’s mother been married to P’s natural father at the time of P’s birth.
(2)A person who is registered as a British citizen under this section is a British citizen by descent if the British citizenship which the person would have acquired at birth (as mentioned in subsection (1)(b)) would (by virtue of section 14) have been British citizenship by descent.
(3)If P is under the age of 18, no application may be made unless the consent of P’s natural father and mother to the registration has been signified in the prescribed manner.
(4)But if P’s natural father or mother has died on or before the date of the application, the reference in subsection (3) to P’s natural father and mother is to be read as a reference to either of them.
(5)The Secretary of State may, in the special circumstances of a particular case, waive the need for any or all of the consents required by subsection (3) (as read with subsection (4)) to be given.
(6)The reference in this section to the period after commencement does not include the time of commencement (and, accordingly, this section does not apply to any case in which a person was unable to become a British citizen at commencement).
4H     Citizen of UK and colonies unable to become citizen at commencement
(1)A person (“P”) is entitled to be registered as a British citizen on an application made under this section if—
(a)P meets the general conditions;
(b)P was a citizen of the United Kingdom and Colonies immediately before commencement; and
(c)P would have automatically become a British citizen at commencement, by the operation of any provision of this Act, had P’s mother been married to P’s natural father at the time of P’s birth.
(2)A person who is registered as a British citizen under this section is a British citizen by descent if the British citizenship which the person would have acquired at commencement (as mentioned in subsection (1)(c)) would (by virtue of section 14) have been British citizenship by descent.
4I     Other person unable to become citizen at commencement
(1)A person (“P”) is entitled to be registered as a British citizen on an application made under this section if—
(a)P meets the general conditions;
(b)P is either—
(i)an eligible former British national, or
(ii)an eligible non-British national; and
(c)had P’s mother been married to P’s natural father at the time of P’s birth, P—
(i)would have been a citizen of the United Kingdom and Colonies immediately before commencement, and
(ii)would have automatically become a British citizen at commencement by the operation of any provision of this Act.
(2)P is an “eligible former British national” if P was not a citizen of the United Kingdom and Colonies immediately before commencement and either—
(a)P ceased to be a British subject or a citizen of the United Kingdom and Colonies by virtue of the commencement of any independence legislation, but would not have done so had P’s mother been married to P’s natural father at the time of P’s birth, or
(b)P was a British subject who did not automatically become a citizen of the United Kingdom and Colonies at commencement of the British Nationality Act 1948 by the operation of any provision of it, but would have done so had P’s mother been married to P’s natural father at the time of P’s birth.
(3)P is an “eligible non-British national” if—
(a)P was never a British subject or citizen of the United Kingdom and Colonies; and
(b)had P’s mother been married to P’s natural father at the time of P’s birth, P would have automatically become a British subject or citizen of the United Kingdom and Colonies—
(i)at birth, or
(ii)by virtue of paragraph 3 of Schedule 3 to the British Nationality Act 1948 (child of male British subject to become citizen of the United Kingdom and Colonies if the father becomes such a citizen).
(4)A person who is registered as a British citizen under this section is a British citizen by descent if the British citizenship which the person would have acquired at commencement (as mentioned in subsection (1)(c)(ii)) would (by virtue of section 14) have been British citizenship by descent.
(5)In determining for the purposes of subsection (1)(c)(i) whether P would have been a citizen of the United Kingdom and Colonies immediately before commencement, it must be assumed that P would not have—
(a)renounced or been deprived of any notional British nationality, or
(b)lost any notional British nationality by virtue of P acquiring the nationality of a country or territory outside the United Kingdom.
(6)A “notional British nationality” is—
(a)in a case where P is an eligible former British national, any status as a British subject or a citizen of the United Kingdom and Colonies which P would have held at any time after P’s nationality loss (had that loss not occurred and had P’s mother had been married to P’s natural father at the time of P’s birth);
(b)in a case where P is an eligible non-British national—
(i)P’s status as a British subject or citizen of the United Kingdom and Colonies mentioned in subsection (3)(b), and
(ii)any other status as a British subject or citizen of the United Kingdom and Colonies which P would have held at any time afterwards (had P’s mother been married to P’s natural father at the time of P’s birth).
(7)In this section—
  • “British subject” has any meaning which it had for the purposes of the British Nationality and Status of Aliens Act 1914;
  • “independence legislation” means an Act of Parliament or any subordinate legislation (within the meaning of the Interpretation Act 1978) forming part of the law in the United Kingdom (whenever passed or made, and whether or not still in force)—
    (a)providing for a country or territory to become independent from the United Kingdom, or
    (b)dealing with nationality, or any other ancillary matters, in connection with a country or territory becoming independent from the United Kingdom;
  • “P’s nationality loss” means P’s—
    (a)ceasing to be a British subject or citizen of the United Kingdom and Colonies (as mentioned in subsection (2)(a)), or
    (b)not becoming a citizen of the United Kingdom and Colonies (as mentioned in subsection (2)(b)).
4J     Sections 4E to 4I: supplementary provision
(1)In sections 4E to 4I and this section, a person’s “natural father” is a person who satisfies the requirements as to proof of paternity that are prescribed in regulations under section 50(9B).
(2)The power under section 50(9B) to make different provision for different circumstances includes power to make provision for the purposes of any provision of sections 4E to 4I which is different from other provision made under section 50(9B).
(3)The following provisions apply for the purposes of sections 4E to 4I.
(4)A reference to a person automatically becoming a British citizen, or a citizen of the United Kingdom and Colonies, is a reference to the person becoming such a citizen without the need for—
(a)the person to be registered as such a citizen by the Secretary of State or any other minister of the Crown;
(b)the birth of the person to be registered by a diplomatic or consular representative of the United Kingdom; or
(c)the person to be naturalised as such a citizen.
(5)If the mother of a person could not actually have been married to the person’s natural father at the time of the person’s birth (for whatever reason), that fact does not prevent an assumption being made that the couple were married at the time of the birth.

Lord's Amendments 17, 35, and 36 - May 7, 2014

(Watch the full debate here 17:10 - 17:13)

On May 7, 2014, the House of Commons accepted Amendment 3/New Clause 66, now called Amendments 17, 35 and 36. These three amendments were voted into the Immigration Act 2014.  Finally!!!  Such an amazing and joyous day, and I can't thank those enough who helped us along the way to achieve what we had been fighting decades to have. 

James Brokenshire:  Lords Amendments 17, 35 and 36, which were proposed by Lord Avebury in the other place, correct an historical anomaly relating to the treatment of illegitimate children. Nationality law is complex, and anomalies arise, particularly as aspects of family life have changed since the time of the British Nationality Act 1981. In 2006, amendments to the 1981 Act enabled illegitimate children to inherit nationality from a British father in the same way as a legitimate child. Those amendments were not made retrospective. To have done so could have itself caused problems for individuals who were now adult and had made a life for themselves in a different nationality. These amendments enable illegitimate children born to British fathers before 2006 to register as British if they choose to do so, correcting a historical anomaly by providing a route to citizenship for those who want to take it.

Dr Huppert:  I thank the Minister for the Government’s support for these amendments, which I tried to put in the Bill but encountered some technical difficulties. Will he join me in paying tribute to those who campaigned for many years to get this injustice changed? People such as Tabitha Sprague, Antonia Fraser Fujinaga and Maureen Box tried very hard, and the many thousands affected by this will be delighted that the Government are now fixing it.

James Brokenshire:  I recognise those who have made the case for this change for some considerable time, and I am pleased that the Government have been able to support these amendments in the other place. I hope that this House will be equally able to support them here. It is important to recognise that they have addressed an historical anomaly and now allow that opportunity to the individuals affected of a route to citizenship that was not available to them before.

Fiona Mactaggart:  The Minister rightly says that we are dealing with an historical anomaly, and that makes the case for introducing this part of the Bill and commencing it as early as possible. I hope that he can assure the House that he will put his foot on the accelerator to do that, because my constituent whose case prompted Lord Avebury to table these amendments is still stuck in limbo and, like other people, he would like to be able to remedy his situation.

James Brokenshire:  I am grateful to the hon. Lady for that and I have certainly heard the points she has made.
The full Hansard source can be found here