New Law Opens Door To British Citizenship For People Born Before 1988 With A UK-Born Grandmother

• Published date: 12 July 2023
• Subject Matter: Immigration, Family and Matrimonial, Family Law, General Immigration
• Law Firm: Shepherd and Wedderburn LLP
• Author: Mr John Vassiliou

Section 4L of the British Nationality Act 1981 offers a potential route to British citizenship for adults with a UK-born grandmother who missed out due to historical legislative unfairness.

On 28 June 2022 a new route to British citizenship was introduced for adults who have missed out on British citizenship due to historical legislative unfairness in British nationality law.

This route was introduced by Section 4L of the British Nationality Act 1981 ("the 1981 Act"). One very specific category of people that are likely to benefit now are those born outside the UK in a foreign (non-Commonwealth) country prior to 1 January 1988, who have a UK-born grandmother.

Our team has already helped American citizens born in the USA with a British-born grandmother successfully register under this new provision. The USA allows dual nationality, so British citizenship registration under this provision does not interfere with existing US citizenship.

What is historical legislative unfairness?

Section 4L does not define historical legislative unfairness, but the Home Office's policy guidance states that a piece of legislation will be considered "unfair" if it treated one group differently to another, particularly on the basis of a "protected characteristic". Protected characteristics are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.

British nationality law in the past century has been replete with examples of historical legislative unfairness; some relating to decolonisation, some to antiquated discriminatory treatment based on gender or marriage, and others to the definition of a parent. If a clear link can be drawn between someone missing out on citizenship due to unfairness in the law (not unfairness in personal or family circumstances), there is now scope to make a case to the Home Office for discretionary registration as a British citizen.

Most people who can benefit from this provision will have been born before 1 January 1988 and thus will be over the age of 35 at the time of writing. This is because the British Nationality Act 1981 came into force on 1 January 1983 and changed the way in which British citizenship could be transmitted to children born overseas, with some older provisions retained for a transitional period of five years until 31 December 1987.

Children born before 1983 to British mothers

One very obvious example of historical legislative unfairness...