British Nationality Act 1981

2.— Acquisition by descent.

(1) A person born outside the United Kingdom and the qualifying territories after commencement

shall be a British citizen if at the time of the birth his father or mother—

(a) is a British citizen otherwise than by descent; or

(b) is a British citizen and is serving outside the United Kingdom and the qualifying territories

in service to which this paragraph applies, his or her recruitment for that service having

taken place in the United Kingdom or a qualifying territory; or

(c) is a British citizen and is serving outside the United Kingdom and the qualifying territories

in service under an EU institution, his or her recruitment for that service having taken place

in a country which at the time of the recruitment was a member of the European Union.

(2) Paragraph (b) of subsection (1) applies to—

(a) Crown service under the government of the United Kingdom or of a qualifying territory;

and

(b) service of any description for the time being designated under subsection (3).

(3) For the purposes of this section the Secretary of State may by order made by statutory

instrument designate any description of service which he considers to be closely associated with the

activities outside the United Kingdom and the qualifying territories of Her Majesty's government in

the United Kingdom or in a qualifying territory.

(4) Any order made under subsection (3) shall be subject to annulment in pursuance of a resolution

of either House of Parliament.

3.— Acquisition by registration: minors.

(1) If while a person is a minor an application is made for his registration as a British citizen, the

Secretary of State may, if he thinks fit, cause him to be registered as such a citizen.

(2) A person born outside the United Kingdom and the qualifying territories shall be entitled, on an

application for his registration as a British citizen made while he is a minor, to be registered as such

a citizen if the requirements specified in subsection (3) or, in the case of a person born stateless, the

requirements specified in paragraphs (a) and (b) of that subsection, are fulfilled in the case of either

that person's father or his mother (“the parent in question”).

(3) The requirements referred to in subsection (2) are—

(a) that the parent in question was a British citizen by descent at the time of the birth; and

(b) that the father or mother of the parent in question—

(i) was a British citizen otherwise than by descent at the time of the birth of the

parent in question; or

(ii) became a British citizen otherwise than by descent at commencement, or would

have become such a citizen otherwise than by descent at commencement but for

his or her death; and

(c) that, as regards some period of three years ending with a date not later than the date of

the birth—

(i) the parent in question was in the United Kingdom or a qualifying territory at the

beginning of that period; and

(ii) the number of days on which the parent in question was absent from the United

Kingdom and the qualifying territories in that period does not exceed 270.

(5) A person born outside the United Kingdom and the qualifying territories shall be entitled, on an

application for his registration as a British citizen made while he is a minor, to be registered as such

a citizen if the following requirements are satisfied, namely—

(a) that at the time of that person's birth his father or mother was a British citizen by descent;

and

(b) subject to subsection (6), that that person and his father and mother were in the United

Kingdom or a qualifying territory at the beginning of the period of three years ending with

the date of the application and that, in the case of each of them, the number of days on

which the person in question was absent from the United Kingdom and the qualifying

territories in that period does not exceed 270; and

(c) subject to subsection (6), that the consent of his father and mother to the registration has

been signified in the prescribed manner.

(6) In the case of an application under subsection (5) for the registration of a person as a British

citizen—

(a) if his father or mother died, or their marriage or civil partnership was terminated, on or

before the date of the application, or his father and mother were legally separated on that

date, the references to his father and mother in paragraph (b) of that subsection shall be

read either as references to his father or as references to his mother; and

(b) if his father or mother died on or before that date, the reference to his father and mother

in paragraph (c) of that subsection shall be read as a reference to either of them.

(7) This section is subject to sections 31, 32 and 36 of the Illegal Migration Act 2023 (restriction of

eligibility for citizenship etc).

4L. – Acquisition by registration: special circumstances

(1) If an application is made for a person of full age and capacity ("P") to be registered as a British

citizen, the Secretary of State may cause P to be registered as such a citizen if, in the Secretary of

State's opinion, P would have been, or would have been able to become, a British citizen but for—

(a) historical legislative unfairness,

(b) an act or omission of a public authority, or

(c) exceptional circumstances relating to P.

(3) For the purposes of subsection (1)(a), "historical legislative unfairness" includes circumstances

where P would have become, or would not have ceased to be, a British subject, a citizen of the

United Kingdom and Colonies or a British citizen, if an Act of Parliament or subordinate legislation

(within the meaning of the Interpretation Act 1978) had, for the purposes of determining a person's

nationality status—

(a) treated males and females equally,

(b) treated children of unmarried couples in the same way as children of married couples, or

(c) treated children of couples where the mother was married to someone other than the

natural father in the same way as children of couples where the mother was married to the

natural father.

(4) In subsection (1)(b), "public authority" means any public authority within the meaning of section

6 of the Human Rights Act 1998, other than a court or tribunal.

(5) In considering whether to grant an application under this section, the Secretary of State may

take into account whether the applicant is of good character.

6.— Acquisition by naturalisation.

(1) If, on an application for naturalisation as a British citizen made by a person of full age and

capacity, the Secretary of State is satisfied that the applicant fulfils the requirements of Schedule 1

for naturalisation as such a citizen under this subsection, he may, if he thinks fit, grant to him a

certificate of naturalisation as such a citizen.

(2) If, on an application for naturalisation as a British citizen made by a person of full age and

capacity who on the date of the application is married to a British citizen or is the civil partner of a

British citizen, the Secretary of State is satisfied that the applicant fulfils the requirements of

Schedule 1 for naturalisation as such a citizen under this subsection, he may, if he thinks fit, grant to

him a certificate of naturalisation as such a citizen.

41A Registration: requirement to be of good character

(1) An application for registration of an adult or young person as a British citizen under section 1(3),

(3A) or (4), 3(1), (2) or (5), 4(2) or (5), 4A, 4D, 5, 10(1) or (2) or 13(1) or (3) must not be granted

unless the Secretary of State is satisfied that the adult or young person is of good character.

(1A) An application for registration of an adult or young person as a British citizen under section 4F,

so far as the relevant registration provision (as defined in section 4F(2)) is section 1(3), 3(2), 3(5) or

4D , must not be granted unless the Secretary of State is satisfied that the adult or young person is

of good character.17

(2) An application for registration of an adult or young person as a British overseas territories citizen

under section 15(3) or (4), 17(1), (2) or (5), 22(1) or (2) must not be granted unless the Secretary of

State is satisfied that the adult or young person is of good character.

(2A) An application for registration of an adult or young person as a British overseas territories

citizen under section 17C, so far as the relevant registration provision (as defined in section 17C(2))

is section 15(3), 17(2) or 17(5), must not be granted unless the Secretary of State is satisfied that

the adult or young person is of good character.

(2B) Subsection (2C) applies to an application for registration of an adult or young person as a

British citizen under section 4K who is, or would have been, entitled to be registered as a British

overseas territories citizen under section 17C, so far as the relevant registration provision (as

defined in section 17C(2)) is section 15(3), 17(2) or 17(5).

(2C) The application must not be granted unless the Secretary of State is satisfied that the adult or

young person is of good character.

(3) An application for registration of an adult or young person as a British Overseas citizen under

section 27(1) must not be granted unless the Secretary of State is satisfied that the adult or young

person is of good character.

(4) An application for registration of an adult or young person as a British subject under section 32

must not be granted unless the Secretary of State is satisfied that the adult or young person is of

good character.

(5) In this section, “adult or young person” means a person who has attained the age of 10 years at

the time when the application is made.

50.— Interpretation

(1) In this Act, unless the context otherwise requires—

(9) For the purposes of this Act a child's mother is the woman who gives birth to the child.

(9A) For the purposes of this Act a child's father is—

(a) the husband or rmale civil partner, at the time of the child's birth, of the woman who gives

birth to the child, or

(b) where a person is treated as the father of the child under section 28 of the Human

Fertilisation and Embryology Act 1990 or section 35 or 36 of the Human Fertilisation and

Embryology Act 2008, that person, or

(ba) where a person is treated as a parent of the child under section 42 or 43 of the Human

Fertilisation and Embryology Act 2008, that person, or

(c) where none of paragraphs (a) to (ba) applies, a person who satisfies prescribed

requirements as to proof of paternity.

(9B) In subsection (9A)(c) “prescribed” means prescribed by regulations of the Secretary of State;

and the regulations—

(a) may confer a function (which may be a discretionary function) on the Secretary of State

or another person,

(b) may make provision which applies generally or only in specified circumstances,

(c) may make different provision for different circumstances,

(d) must be made by statutory instrument, and

(e) shall be subject to annulment in pursuance of a resolution of either House of Parliament.18

(9C) The expressions “parent”, “child” and “descended” shall be construed in accordance with

subsections (9) and (9A).