How Section 4L of the British Nationality Act 1981 addresses decades of exclusion from British nationality: explained

Section 4L allows adults (aged 18 and over) to register as British citizens if, in the opinion of the Home Secretary, they would have been, or would have been able to become, British citizens but for:

• Historical legislative unfairness
• An act or omission of a public authority
• Exceptional circumstances relating to the applicant.

Applicants will also be subject to the good character requirement.

Those granted citizenship under this route are considered British citizens otherwise than by descent, meaning they can also pass citizenship to children born outside the UK.

British nationality law is complex, and subject to some exceptions, such as a child being born to a parent in Crown Service, it is not usually possible to automatically pass British citizenship to a second generation born abroad.

For most other applicants, registration whilst still a minor is the only way forward, subject to their own British parent meeting a minimum UK residence requirement.

For the purposes of registration under 4L, possible since 2022, double descent refers to acquiring British nationality through a UK-born grandparent, rather than a direct parental link. It is not subject to UK residence. This route is particularly relevant for individuals born outside the UK who were previously excluded due to gender-based or marital status discrimination in historical nationality laws.

This would normally apply in scenarios where the applicant can prove one of three qualifying reasons:

• Gender inequality (children of British women),
• Discrimination against children of unmarried parents,
• Acts or Omissions of Public Authorities, such as failure by local authorities to register eligible children, or administrative errors by the Home Office that prevented registration.

Applicants may also rely on Exceptional Circumstances to be registered under section 4L. These are assessed case-by-case and may include adoption after age 18 or other compelling personal situations.

Section 4L is corrective measure aimed at addressing decades of exclusion from British nationality. For many, especially those with UK-born grandmothers, this provision opens a door to citizenship.

It should be also noted that this route is not intended to be used to cover cases where a person does not meet the requirements for other routes. The Home Office will not grant citizenship under this provision unless the applicant has exceptional circumstances which prevented them from becoming a British citizen. There needs to be a clear link between their circumstances and the failure to be, or become, a British citizen.

Those who wish to rely on registration under 4L must complete a paper form and send it to the Nationality Department with official evidence in support of the application. A fee for a ceremony application will be charged, but there is no additional cost for the consideration of the case, which can take up to six months.

If you believe you may qualify under section 4L, please contact Marta Mendiondo and our Immigration team at RWK Goodman. We can arrange a consultation to review your circumstances, assess your eligibility, and guide you through preparing a strong application.