The Borders, Citizenship and Immigration Act 2009, has established changes to the United Kingdom’s citizenship law that became effective as of January 13th 2010.
These are the changes effective as of this date:
1. Children born overseas to parents in the armed forces
After January 13th, if a child is born outside the UK, he or she can be registered as a citizen if:
- He or she was born to a Foreign and Commonwealth member of the United Kingdom armed forces,
- The parent was serving outside the United Kingdom when he or she was born,
- Both parents agree with the registration.
2. Children born outside the United Kingdom to British citizens by descent
These children can be registered after January 13th, 2010 under section 3(2) of the British Nationality Act 1981, as long as the request is made any time before the child turns 18 years old.
3. British nationals who are overseas with no other citizenship or nationality
These people can be registered under section 4B of the British Nationality Act 1981 as long as they don’t have another citizenship or nationality. A BN(O) will not enter in this category if he or she has done something, after March 19th 2009, which made him or her lose another nationality.
4. Children of British mothers
Any person whose mother is British, will be able to register as a British citizen under section 4C of the British Nationality Act 1981 if he or she would have become a United Kingdom citizen when they were born if women had been able to pass on citizenship as men were.
Even more, the new law supports automatic citizenship for any person born in the United Kingdom after January 13th 2010, to a parent in the armed forces. The children born to such a parent but who were born before this date also have the right to citizenship; however, this change leaves no doubt in this respect.
In case of questions or doubts, consult with a UK immigration lawyer to clarify your situation.
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Please note that these articles and the information contained herein are purely for general guidance and do not constitute a professional legal or any other opinion as to the merits of a particular application or whether specific immigration requirements have been met of a particular category. This information is generic and should not be relied upon as a definitive guide to fulfilling specific category requirements. However should any individual do so it is at his or her own risk for which UK Migration Lawyers Limited cannot be held responsible in any way.
