Borders, Citizenship and Immigration Act 2009

Borders, Citizenship and Immigration Act 2009

2009 CHAPTER 11

Commentary

Part 2: Citizenship

Acquisition of British citizenship etc. by registration

Section 46: Children born outside UK etc. to members of the armed forces

179. Section 46 inserts new section 4D into the BNA 1981, which provides an entitlement to registration as a British citizen for children born outside the UK and qualifying territories on or after the commencement of the section to a father or mother who is a member of the armed forces who is serving outside the UK and the qualifying territories.

180. According to section 4D(3), if the applicant (“P”) is a minor on the date of application, P’s father and mother must both consent to P’s registration as a British citizen. Subsection (4) provides that, where one of P’s parents dies on or before the date of application, either parent can consent to P’s registration. Subsection (5) gives the Secretary of State discretion to waive the requirement for consent.

181. There is also a requirement that the Secretary of State must be satisfied that the applicant is of good character – see section 41A(1) of the BNA 1981 (which is inserted by section 47).

182. An applicant is not expressly excluded from the entitlement to register if, at the time of P’s birth, P’s father or mother is a British citizen serving in the armed forces outside the UK and qualifying territories, who was recruited in the UK or a qualifying territory. But, in that case, P will automatically become a British citizen by virtue of section 2(1)(b) of the BNA 1981, and will not need to apply for registration under section 4D.