The British Nationality Act 1981 - Section 4L is a discretionary registration route (meaning that a person may apply to be registered as a British citizen, but registration is not automatic) that allows you (as an adult) to become a British citizen in specific circumstances.   It is also referred to as registration for British citizenship in specific circumstances. Unlike automatic British citizenship entitlement routes, Section 4L of the British Nationality Act 1981 depends fully on the Home Secretary’s discretion to grant you citizenship on the basis of the specific facts and evidence presented in your case.

What is Section 4L of the British Nationality Act 1981?

The British Nationality Act 1981 - Section 4L was introduced in 2022 by the Nationality and Borders Act 2022. It is a registration route for British citizenship for adults (those aged 18 or over) who would have been, or would have been able to become, a British citizen but for one or more of 3 specific reasons as set out in statute. The “statute” means a written law passed by the UK Parliament.

This section, along with other measures, was introduced with the intention to correct historical unfairness in British nationality law.

The three specific reasons covered in Section 4L are:

1. Historical legislative unfairness – the law in the past treated people unfairly, for example because of gender or other discriminatory provisions. 

2. An act or omission by a public authority – for example, an error or failure by a government authority affected someone’s ability to acquire British citizenship. 

3. Exceptional circumstances – other exceptional circumstances where it would be appropriate to grant British citizenship.

There are already other measures within the British Nationality Act 1981 intended to address historical unfairness, such as the routes for children of British parents in sections 4C and 4F to 4I. The Nationality and Borders Act 2022 also created registration routes (under sections 17A to 17F) for those who did not become BOTCs (British Overseas Territories Citizens) and British citizens, because unmarried fathers or women connected to an overseas territory could not pass on citizenship when they were born. 

Under section 3(1), there is also a discretionary registration route for children (this is a registration route for children under 18 where approval is not automatic, which means the Home Secretary decides whether registration should be granted), although you should note that provision is broader and section 4L is not intended to mirror it. Instead, section 4L allows the Home Secretary to grant British citizenship to someone in special circumstances where, in the opinion of the Secretary of State, a person would have been, or would have been able to become, a British citizen but was prevented/stopped from doing so by a specific and limited set of scenarios. It is not intended for circumstances where the law changed over time, but the law applied equally to every person in the same way, as was the case when the BNA (British Nationality Act) 1981 itself became law.

Who is eligible to apply under Section 4L of the British Nationality Act 1981?

Section 4L gives you a chance to acquire British citizenship when you missed out because of unfair historical nationality laws, government mistakes or failures, or other exceptional circumstances.

You should meet the following legal requirements before you apply:

• You are 18 or over

• You are of full capacity, or in other words, you are of sound mind 

• In the opinion of the Home Secretary (UK), you would, or would have been able to become, a British citizen but for

• historical legislative unfairness

• a public authority’s act or omission

• exceptional circumstances relating to you

While considering whether to grant your application under Section 4L, the Secretary of State may take into account whether you are of good character under the British Nationality Act 1981 statutory requirement.

If you can show that you meet these requirements, your registration may be appropriate. The decision to register, however, depends on the Home Secretary’s discretion.

If registration is granted under section 4L, the person becomes a British citizen otherwise than by descent. This is important because citizenship held otherwise than by descent can normally be passed automatically to a child born outside the UK, subject to the nationality rules applying at the time.

What is historical legislative unfairness?

You may be regarded as subject to “historical legislative unfairness” if you would have become, or you would not have ceased to be, a British subject (A British subject is an individual holding a particular type of British nationality status and it does not mean that they are a British citizen), CUKC (Citizen of the United Kingdom and Colonies) or British citizen, if the law at the time had:

• treated men and women equally

• treated child or children of unmarried couples in the same way as child or children of married couples

• treated child or children of couples where the mother was married to a person who was not the natural father of the child in the same way as child or children of couples where the mother was married to the child's natural father

The Home Office will consider whether you would have otherwise: 

• automatically become a British citizen – by birth, descent or adoption 

• qualified for registration or naturalisation as a British citizen 

To assess whether you would have become British automatically, they will look at your date and place of birth, and your parents’ status at the time, to see whether you could otherwise have, under the relevant nationality legislation, become a British citizen.

If you believe that you missed out on being, or being able to become, a British citizen due to historical legislative unfairness, you need to clearly set out in your application form the legislation and section you think was not fair and how you would otherwise have been, or been able to become, a British citizen.

What is an act or omission of a public authority?

A “public authority” for the purpose of this provision means someone whose functions are of a public nature.

A public authority can include, but is not limited to:

• a government department, such as the Home Office, HM Passport Office, or HMRC (HM Revenue & Customs)

• a local authority, such as a county council, a district council, a borough council, and a city council 

However, it does not include:

• a court (For example, the High Court, the Crown Court, or the Court of Appeal) or tribunal (For example, an Employment Tribunal, an Immigration and Asylum Chamber, or a First-tier Tribunal)

• either House of Parliament (the House of Commons or the House of Lords)

• someone exercising functions in relation to proceedings in Parliament (for example, MPs (elected representatives who sit in the House of Commons) and members of the House of Lords)

The act or omission of a public authority must have resulted in you missing out on being, or being able to become, a British citizen, for example failure to make a time-bound application or failure to fulfil statutory requirements due to official error.

If you believe that you missed out on being, or becoming, a British citizen because of an act or omission of a public authority, you need to clearly set out in your application form what that act or omission was and which public authority was responsible for it and how you would otherwise have been, or been able to become, a British citizen if it had not been for that omission or act (you are required to mention the legislation and section you would have qualified under).

What are the exceptional circumstances?

You may be able to be registered as a British citizen under this provision if you did not become, or were unable to become one due to your specific circumstances – if your circumstances were exceptional. 

You will not generally qualify if you are applying under Section 4L simply because you fail to meet the requirements for other routes. You would be required to show that particular and exceptional circumstances were there that directly prevented/stopped you from being, or being able to become, a British citizen.

The Home Office does not provide a fixed, exhaustive list of exceptional circumstances. It considers each case on its own facts. Examples include:

• A child adopted by a British citizen in the UK, where the adoption process began before the person turned 18 but was not completed until after their 18th birthday. 

• A child who was in local-authority care and missed an opportunity to register as a British citizen because of their particular circumstances. 

• Other very unusual personal circumstances, but only where there is a clear link between those circumstances and the person missing out on British citizenship.

You can refer to the following examples of the sort of exceptional circumstances where it might be appropriate to register you under this route. Importantly, however, each case is considered on its own merits.

You need to clearly set out in your application form what your exceptional circumstances were and how you would otherwise have been, or been able to become, a British citizen (mention the legislation and section you would have qualified under) if you believe that you missed out on being, or being able to become, a British citizen due to exceptional circumstances relating to you. 

Good character requirement

Section 4L(4) of the British Nationality Act 1981 states that, while considering whether to grant your application under this section, the Secretary of State may take into account whether you are of good character. If you would have been able to obtain British citizenship through naturalisation or registration (but for historical legislative unfairness, an act or omission of a public authority, or exceptional circumstances relating to you), under a provision that had a good character requirement, you will be assessed whether you are of good character. Assessment will be made based on the date of decision, rather than at the time you could have applied.

The good character requirement does not apply when you would have become a British citizen automatically by law, without the need to apply for it. In these types of cases, you will not normally need to meet the good character requirement under the British Nationality Act - Section 4L and should not usually be refused on character grounds. 

Documents required for applications under Section 4L of the British Nationality Act 1981

You should send the following documents: 

• Your passport

• Information to show how you would have been, or would have been able to become, a British citizen.  This might include the following:

• Your full birth certificate (one which includes your parent (s)’ name 

• The birth certificate of your mother or father and evidence of their status when you were born

• Information in connection with an act or omission of a public authority, if you are applying on the basis of it

• Evidence of your exceptional circumstances, if you are applying on the basis of this

You should provide any translations where applicable.

The fee position depends on how you would have acquired citizenship. Where you would have become British automatically but for the relevant unfairness, public-authority act or omission, or exceptional circumstances, there is no application fee, although an adult ceremony fee is payable. Where you would instead have qualified by registration or naturalisation, the applicable registration fee and ceremony fee are payable.

How can Visa and Migration Ltd. Help?

We can help you understand whether you may qualify for registration as a British citizen under Section 4L of the British Nationality Act 1981. We can assess your personal situation, identify whether historical legislative unfairness, an act or omission by a public authority, or exceptional circumstances may have affected your ability to obtain British citizenship, and explain the evidence required. 

We can also help prepare and review your application and supporting documents, ensuring your circumstances are clearly explained. We aim to help you present a complete and well-organised Section 4L application to the Home Office.

For expert advice and queries related to registration as a British citizen under Section 4(L) applications of the British Nationality Act 1981, you can call us at +44 (0)20 3411 1261 or write to info@visaandmigration.com