Glassybell

I feel silly asking this but I honestly don't know the answer. I successfully applied to register as a British citizen under section 4L using the ARD form. I did my citizenship ceremony and my certificate says I am a "British Citizen" and that I was registered under section 4L. I had always assumed I'd be a citizen by descent because that is what I would have been had my mother been able to register at my birth at a consulate under section 5 of the 1948 BNA. But I also noticed that the guidance for ARD says "A person who is registered under this provision [4L] will become a British citizen otherwise than by descent." So am I a citizen otherwise than by descent? Would the certificate say "by descent" if I were a citizen by descent? I don't know who in the HO to even ask this question to.

Thanks!

BritInParis

Only the sections mentioned here give you British citizenship by descent: https://www.legislation.gov.uk/ukpga/1981/61/section/14

As per the guidance, registration under S.4L gives you British citizenship otherwise than by descent.

Glassybell

Great, thank you for confirming that for me. It just seems so bizarre, but I'm not complaining.

MOUK

Quite interesting, BIP.

So the following does NOT apply to the OP because they were born before commencement, but it sounds like it applies to me and other S.4L citizens born after commencement. Section 4L citizens born 83-87 would've been citizens under S. 9 of the BNA 1981. (1)For the purposes of this Act a British citizen is a British citizen “by descent” if and only if—

(a)he is a person born outside the United Kingdom after commencement who is a British citizen by virtue of section 2(1)(a) only or by virtue of registration under section 3(2) or 9

So not all S.4L citizens are "other than by descent"? Confusing or is it just me not getting it?

MOUK

No, only Sections are mentioned on certificates of registration.

BritInParis

All S.4L registrations give British citizenship otherwise than by descent, regardless of how the person registered qualified, so you are effectively getting more than you would have done had you been eligible for British citizenship at birth.

MOUK

I see, thanks for clearing that up.

So I guess that would be great for a child born abroad after registration. My niece and nephew, both under 12, do not automatically qualify and my sister is applying for them through Sable. She was told they qualify through a discretionary route and the full application fee has to be paid.

BritInParis

I’ve seen them make this claim but I’d be interested to understand their argument. Presumably that as S.4L gives British citizenship other than by descent, any children born before registration should not be disadvantaged.

MOUK

That could be the case. Their reasoning/cover letter is attached separately to their MN1 forms, and I don't think my sister gets to see/read it. There's no set criteria, and my sister must show that their future lies in the United Kingdom. It's like the HO wants to help my sister as a British mother, plan for a future in the UK. It's very much about them being so young because our cousin was told her adult son does not qualify.

Will let you know the outcome.

MOUK

Hi,

My niece and nephew are still waiting for a decision on their MN1/Section 3(1) applications. It's been over three months since biometrics.

Will keep you posted.

BritInParis

Thank you for the update.