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Getting British citizenship through Section 4L
Every year, people apply to become a British citizen through various different routes, from naturalisation after getting Indefinite Leave to Remain (ILR), or if they have the option of registering as a British citizen due to their specific circumstances; for example, if a child was born in the UK and lived here until they were at least 10 years old.
However, there is an obscure rule that was introduced in 2022 that many people may not be aware of, that allows people in certain situations to gain citizenship, even if they were rejected in the past.
The rule change is only for adults, and was introduced to rectify past issues that resulted in citizenship rejections.
Read on to find out more about the Section 4L British Nationality Act rules, and see if you are eligible for British citizenship.
What situations does Section 4L apply to?
If an individual would have been able to get British citizenship in the past if not for three specific reasons, they can now apply for citizenship.
These three reasons are:
- Historical legislative unfairness
- Act or omission of a public authority
- Exceptional circumstances
We shall go into more detail on what these three reasons are in the following paragraphs.
Historical legislative unfairness
The first reason listed in Section 4L is historical legislative unfairness. This reason applies to a wide range of people, with historical legislative unfairness being primarily aimed at those who were discriminated against due to what are now protected characteristics.
Protected characteristics include:
- Age
- Gender
- Race
- Religion
- Sexual orientation
Essentially, historical legislative unfairness applies if someone would have been a British citizen if:
- Men and women were treated equally in the rules like they are today
- Married and unmarried couples were treated the same as the modern day
- Couples whose children whose mother was married to someone who is not the natural father were treated equally to couples in which both parents are the natural parents
Examples
For example, in the past, the right to British citizenship could only be proven through a child’s mother, not the father. This has since changed, and so, people with a British father can now potentially apply for British citizenship.
There are many examples and very specific situations which could lead to British citizenship under this reason of Section 4L, so it might not be immediately obvious whether you can apply for citizenship or not.
Act of omission of a public authority
Act of omission of a public authority, as a reason under Section 4L, applies to those who were unable to get British citizenship due to the public authorities making a mistake.
Public authorities do not count any Members of Parliament, or anyone involved in the creation of legislation.
However, courts, tribunals, government departments such as the Home Office, local authorities, educational institutions and the NHS are all examples of organisations that are classed as public authorities for this aspect of Section 4L.
Under Section 4L, if these organisations cannot assist in providing you with evidence of your continued residency in the UK, then you can instead provide documents such as sworn affidavits from people you know. Alongside these documents, you should also provide evidence of the public authorities who failed to keep their records. This can include emails in which the authority you contacted admits that their records are incomplete, alongside their reason for it.
Examples
For example, if a person failed to get citizenship due to the authorities failing to keep their records organised and up to date and lost evidence that could have been used in an application, then this counts as an act of omission of a public authority. In this situation, people can apply under Section 4L.
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Exceptional circumstances
Under this reason for British citizenship through Section 4L, people can get citizenship if they were rejected in the past for exceptional circumstances that do not come under the other two reasons.
This reason is for those who were prevented from being given citizenship or being born with citizenship. It is not for those who failed to meet past requirements.
One situation where Section 4L is useful under exceptional circumstances, is for those who were adopted in the UK by British parents. For example, if adopted, the child turned 18 during the adoption process. Adopted children under 18 automatically become British citizens if an adoptive parent is also a British citizen.
Examples
Under the reason of exceptional circumstances under Section 4L, adopted children who turned 18 during the adoption process can apply for British citizenship due to the exceptional circumstances. Proof will need to be provided of the whole adoption process, including the adoption order, and the timeline of the process.
Another example of exceptional circumstances provided by the British Government is if an individual was kidnapped as a child, and so, was unable to obtain British citizenship. The Home Office provides an example of where two parents divorce, and the father kidnaps their young child and goes overseas.
Meanwhile, the mother stayed in the UK and eventually became naturalised as a British citizen. If the child had not been kidnapped, they would have been able to stay in the UK and become a British citizen as well. The child managed to return to the UK after he turned 18, so he is no longer a minor. Under normal circumstances, he would not be able to apply for citizenship. However, as this is an exceptional circumstance as a result of a crime, he could get British citizenship under Section 4L.
How applications are considered under Section 4L
With there being so many possible cases that fit under the three aforementioned reasons, when applications are considered under Section 4L, it will be done on a case by case basis.
The caseworker who reviews your application will have to consider your evidence, as well as your specific situation, to see if it allows you to get British citizenship.
All you can do as an applicant is ensure that you include as much relevant information as you possibly can, to improve the chances of your application being approved. If you are not sure about what to include for what could potentially be a complex situation, then we recommend that you contact an immigration law professional.
The UK Government has provided material for caseworkers to help them understand how to make decisions under Section 4L. The documents are also available to the public, so you can see more examples and what you might have to do.
Good character
One of the most important considerations that your caseworker will have to make is whether they believe you are of good character or not. This is crucial, as it will impact how your entire application is viewed.
Not every application will have a good character requirement. Whether or not you do have this requirement is based on what you applied for, and if your application was solely rejected in the past for the aforementioned reasons under Section 4L.
Essentially, your application will be treated the same as any other application that has been made since the rule changes, so you will still have to satisfy other requirements such as having good character.
It will be up to the caseworker to decide if you do have good character.
They will consider the following:
- Any breaches of immigration laws
- Any dishonesty during the application process
- Criminal history
- Deprivation of citizenship
- Financial affairs
- Notoriety in the local community
The caseworker may also consider other reasons that the applicant may not be of good character.
How we can help
With Section 4L applications being potentially very complex, it would be a good idea to get the assistance of legal professionals. This is where our expert law team comes in.
To discuss your issue with our team, you can either contact us by phone, email, our website chatbot, or by booking a free 10-minute assessment. Initial contact allows us to see if we can help you, and also lets you decide if you want to use our services or not.
After you have told us about your circumstances, we can move forward with arranging a longer, paid consultation. This is where you will receive legal advice, and where we will plan what steps we need to take next. The longer consultation can last either 30 minutes or an hour, with either length being suited to different levels of complexity.
During your longer consultation, you will be talking to two members of our team. One of our helpful paralegals will be sitting alongside our Principal Solicitor, Nathan Woodcock. Nathan will be the main person assisting you with your case, whilst our paralegals assist and act as your point of contact in our firm.
Get in touch with us today to see how we can help you with your Section 4L citizenship application.
Ready for assistance?
If you have any questions, or want to book an appointment with one of our legal experts, contact Woodcock Law today. Call us on +44 (0)20 7712 1705 or email info@woodcocklaw.co.uk.
