Registration of UK Nationality — Getting Ready for Citizenship Acquisition Ceremonies
Acquisition by registration as a minor
Some minors have an entitlement to register as British citizens.
The requirements, in the normal case, are that a child who is registered:
- Within a year of their birth (or in special circumstances, probably not including an intentional decision not to pursue registration, within six years;
- Whose parent has the weak form of nationality but who has a grandparent with the strong form of nationality;
- Whose parent has a geographical link with the UK in that they lived there for a three period some time prior to the birth of the child, and did not leave the UK for more than 270 days within that period (however, for a child born stateless, this requirement is waived).
The form of nationality taken by a child registering will be nationality by descent.
Acquisition by registration as an adult
Certain adults are also able or entitled to register as British citizens:
- A person who is a British overseas territories citizen, British National (Overseas), a British Overseas citizen, a British subject or a British protected person may register as a full British citizen if he or she meets the same residence requirement as for naturalisation and a good character requirement.
- There is a discretion to register as a British citizen the above persons, even if the residence requirements are not met.
Registration Application
Applications for the registration of people living abroad will normally be made through a British Diplomatic Post; consult the Foreign and Commonwealth Office website.
Applications for people living in the UK are made to IND.
Registration is evidenced by a certificate and the person can subsequently apply for a British passport.
If on receipt of an application the Home Office detect that a person does not need to register because they are already a British Citizen, they will inform the applicant of this and refund the application fee.
Citizenship Ceremonies
Anyone over the age of 18 who wish to acquire British Citizenship, whether by registration or naturalisation, will now do so at a public ceremony and are required to take the Oath of Allegiance (there is an affirmation to be used by people of different religions and of none) and now a new pledge.
If a person does not attend a citizenship ceremony within the time limit permitted, the Home Office should notify them that it will not be possible to become a British citizen because the Home Secretary is not able to register or naturalise a person who has not attended a ceremony and taken an oath/pledge. If the applicant still wishes to become a British citizen, and had an entitlement at the date of application, a certificate may be issued at any time on the basis of the original application on payment of the balance of fee and attending a citizenship ceremony and making an oath/pledge. In all other cases, the applicant will need to re apply under an appropriate provision of the legislation.
In exceptional circumstances an exemption may be made in respect of any or all of the following:
- the requirement to attend a citizenship ceremony
- the requirement to make an oath of allegiance and pledge
- the time limit for attending a ceremony
Appeal
Naturalisation is a discretionary power. There is no right of appeal against a refusal of naturalisation. However, reasons must be given and there is no limit on the scope of judicial review of such a refusal.
