British nationality law has undergone several important changes in recent years, some of which aim to remedy historical gender discrimination under the law before the British Nationality Act 1981 entered into force.
Section 4C of the British Nationality Act 1981 entitles those born before 1 January 1983 to British mothers to be registered as British citizens if they can demonstrate that they would have become a citizen of the UK and Colonies (CUKC) had British nationality law permitted children to acquire citizenship “by descent” from a mother on the same terms as children born to British fathers.
This route to British citizenship by registration may be relevant to people born outside the UK to British mothers who were previously unable to acquire citizenship because of historical gender discrimination.
Since the British Nationality Act 1981 came into force on 1 January 1983, children have been able to acquire British citizenship “by descent” in specified circumstances from either their mother or father. Before then, British nationality law permitted children to acquire nationality status by descent from their father in specified circumstances, but did not permit such acquisition from their mother.
Section 4C is intended to be a remedy for those born before 1 January 1983 who would have become a CUKC but for such gender discrimination.
Those who were unable to acquire CUKC status due to other forms of historical discrimination, including in some circumstances the children of those eligible for registration under section 4C, may be eligible to apply to register as British citizens under section 4L of the British Nationality Act 1981 instead.
1. Who Can Apply Under Section 4C?
To apply for registration as a British citizen under section 4C, an applicant must demonstrate that they satisfy three conditions.
Applicants must show that:
- They were born before 1 January 1983;
- They would have become a CUKC before 1 January 1983 if their mother had been able to pass on citizenship on the same terms as British fathers; and
- They would have had the “right of abode” in the UK before 1 January 1983 if they had become a CUKC through their mother.
There is no longer a condition for applicants for registration under section 4C to be of “good character”.
2. Historical Background: CUKC Status and the British Nationality Act 1948
CUKC status was created by the British Nationality Act 1948, which came into force on 1 January 1949. Before then, those born within His Majesty’s dominions, and those born outside His Majesty’s dominions to British fathers, acquired “British subject” status.
The British Nationality Act 1948 contained transitional provisions which provided that British subjects who met various conditions would automatically become a CUKC on 1 January 1949. These transitional provisions allowed some British subjects to acquire CUKC status in their own right, while other British subjects acquired that status based on their father’s nationality status, but not their mother’s.
Children born after 1 January 1949 could acquire CUKC status by descent from their father in some circumstances.
For applicants under section 4C, the exact means of demonstrating that they meet the second condition listed above will accordingly depend in part on when they were born.
3. The Position for Applicants Born After 1 January 1949
Those born after 1 January 1949 must show that they would have become a CUKC “by descent” if the British Nationality Act 1948 had permitted women to pass citizenship to their children on the same terms as men.
For this purpose, one must assume that the provisions of that Act which regulated the acquisition of citizenship by descent from a father applied equally in respect of a mother. Applicants must show that they would have met all other conditions for the acquisition of CUKC status under the British Nationality Act 1948, except any requirement for a birth to have been registered at a UK consulate within one year of its occurrence.
4. The Position for Applicants Born Before 1 January 1949
Those born before 1 January 1949 must show that they would have been a British subject who was automatically entitled to become a CUKC under the transitional provisions mentioned above.
One way of doing this is by showing that the applicant would have met those conditions had they been permitted to rely on their mother’s nationality status instead of their father’s. Another way of doing so is by demonstrating that the applicant would have become a British subject who would have qualified for the acquisition of CUKC status had a provision of any law in force before 1 January 1949 permitted nationality status to be acquired by descent from a mother on the same terms as it provided for acquisition by descent from a father.
5. Why Right of Abode Matters
Not every individual with CUKC status had the right of abode in the UK before 1 January 1983. Citizens of the UK and Colonies born, registered, naturalised, or adopted in the UK, or with a parent or grandparent who fulfilled these conditions, would have acquired the right of abode, as would a citizen who had been resident in the UK for more than five years.
Commonwealth citizens with a parent who was a CUKC also got the right of abode, as did Commonwealth citizen women who were married to a CUKC.
6. What Citizenship Status Is Granted Under Section 4C?
If an individual is registered under section 4C, they will become a British citizen “by descent” and will not therefore be able to pass citizenship automatically to a child born outside the UK.
Our guide to British citizenship by registration explains this route and other registration provisions in more detail.
7. Contact Our Nationality Immigration Barristers
For expert advice and assistance regarding an application to register as a British citizen, contact our immigration barristers on 0203 617 9173 or via our enquiry form.
8. Frequently Asked Questions: Children Born Outside the UK to British Mothers
Does section 4C apply to people born outside the UK?
Section 4C is relevant to people born before 1 January 1983 outside the UK to British mothers, where they can show that they would have acquired citizenship by descent on the same terms that applied to children of British fathers.
Is there a good character requirement for section 4C applications?
No. There is no longer a requirement for applicants under section 4C to be of good character.
What is a CUKC?
CUKC stands for citizen of the UK and Colonies, a nationality status created by the British Nationality Act 1948.
What type of British citizenship is granted under section 4C?
A successful applicant is registered as a British citizen by descent.
Can a person registered under section 4C pass citizenship to a child born outside the UK?
A person registered under section 4C becomes a British citizen by descent and will not automatically be able to pass citizenship to a child born outside the UK.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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