http://www.legislation.gov.uk/ukpga/2009/11/section/46Borders, Citizenship and Immigration Act 2009An Act to provide for customs functions to be exercisable by the Secretary of State, the Director of Border Revenue and officials designated by them; to make provision about the use and disclosure of customs information; to make provision for and in connection with the exercise of customs functions and functions relating to immigration, asylum or nationality; to make provision about citizenship and other nationality matters; to make further provision about immigration and asylum; and for connected purposes.texttext/xmlenStatute Law Database2026-04-27Expert Participation2026-04-01 Borders, Citizenship and Immigration Act 2009s. 54A(3A)(3B)Illegal Migration Act 2023s. 14s. 55(9)s. 68(1) Part 2 46After section 4C of the British Nationality Act 1981 (c. 61) insert—4D1A person (“P”) born outside the United Kingdom and the qualifying territories on or after the relevant day is entitled to be registered as a British citizen if—aan application is made for P's registration under this section; andbeach of the following conditions is satisfied.2The first condition is that, at the time of P's birth, P's father or mother was—aa member of the armed forces; andbserving outside the United Kingdom and the qualifying territories.3The second condition is that, if P is a minor on the date of the application, the consent of P's father and mother to P's registration as a British citizen has been signified in the prescribed manner.4But if P's father or mother has died on or before the date of the application, the reference in subsection (3) to P's father and mother is to be read as a reference to either of them.5The Secretary of State may, in the special circumstances of a particular case, waive the need for the second condition to be satisfied.6The relevant day for the purposes of this section is the day appointed for the commencement of section 46 of the Borders, Citizenship and Immigration Act 2009 (which inserted this section).S. 46 in force at 13.1.2010 by S.I. 2009/2731, art. 4(e)