The Immigration Act 2014 has made a new provision (which should come into force in 2015) for individuals who were born between 1 January 1983 and 1 July 2006 (the “relevant period”) who would have acquired the right to British nationality through their British father had their parents been married at the time of their birth.
It used to be the case (and still currently is) that if you were born during the relevant period to a British father who was not married to your mother at the time of your birth , then your right to British nationality was void.
The Immigration Act 2014 is set to change this so that individuals born during the relevant period to a British father who was not married to their mother at the time of birth may be able to obtain British nationality.
It remains the case that if you were born to a British mother during the relevant period, who wasn’t married to your father at the time of your birth, you may have a claim to British nationality.
Individuals born after 1 July 2006 to a British mother will still have a claim to British Nationality. Individuals born after 1 July 2006 to a British father who wasn’t married to their mother at the time of birth, who have a right to British nationality, will be British if either:
- The individual can prove that the father is named as such on the individual’s birth certificate which was issued within 1 year of the date of the individual’s birth; or
- The individual’s father can prove he is the father i.e. by DNA analysis.
Your overall right to claim British nationality depends on a number of additional varying factors:
- Where you were born;
- The date you were born; and
- Whether your parents were British by descent or British otherwise than by descent at the time of your birth.
What is the difference between British otherwise than by descent and British by descent?
- British otherwise than by descent means that the individual gained citizenship in their own right and not through their parents or grandparents. This allows you to pass your right down to your children.
- British by descent means that you cannot generally transmit your British Nationality to children born abroad.
Example 1: I was born in the UK between 1 January 1983 and 1 July 2006 to a parent who was not a British citizen or legally settled in the UK at the time of my birth.
You are not a British citizen.
Example 2: I was born in the UK between 1 January 1983 and 1 July 2006 to a British parent.
You are a British citizen if the British parent is your mother or if the British parent is your father and he was married to your mother at the time of your birth. This should change in 2015 under the Immigration Act, to allow you to become a British citizen through your father, even if he wasn’t married to your mother at the time of your birth.
Example 3: I was born outside the UK between 1 January 1983 and 1 July 2006 to a parent who was British Citizen by descent.
You are not a British citizen.
Example 4: I was born outside the UK between 1 January 1983 and 1 July 2006 to a parent who was British citizen otherwise than by descent.
You are a British citizen if the British parent is your mother or if the British parent is your father and he was married to your mother at the time of your birth. This should change in 2015 through the Immigration Act, to allow you to become a British citizen through your father, even if he wasn’t married to your mother at the time of your birth.
Example 5: I was born outside the UK after 1 July 2006 to my father who is British but not married to my mother at the time of my birth.
If your father is British otherwise than by descent and you can prove that he is named as your father on your birth certificate which was issued within 1 year of the date of your birth or your father can prove he is your father, i.e. by DNA analysis, then you are British.
If your father is British by descent then you are not a British citizen.
Example 6: I was born in the UK after 1 July 2006 to my father who is British but not married to my mother at the time of my birth.
You are British if you can prove that the person is named as your father on your birth certificate which was issued within 1 year of the date of your birth.
If you are uncertain as to whether you have a right to British nationality, please contact one of our specialist immigration lawyers w for advice and assistance with making any relevant applications.
Amy Sarraff
