Provisions for Registration / Naturalisation evaluated by AORA Immigration

In the “Comprehensive” setting, provisions for automatic acquisition are evaluated first, followed by provisions for grant by Registration or Naturalisation.

The provisions for Registration/Naturalisation evaluated by AORA Immigration are listed below in the order of evaluation.

Normally the evaluation ends at the first provision with a positive outcome that is not reliant on discretion.

Values in the third column specify special requirements which may be required in the enquiry:

  • ‘P’ means presence in the UK or a British Overseas territory is normally required of the applicant.
  • ‘S’ means statelessness is required of the applicant.
  • ‘D’ means discretion may be required of the Home Office.
  • ‘GC’ means that Good Character is required. GC(C) means that the Good character requirement is conditional.
  • ‘*’ means the provision is evaluated counterfactually in determining eligibility for registration under sections 4L and 17I of the BNA 1981.

"BNA" refers to the British Nationality Act 1981.

Reference to "UK" includes a reference to the Isle of Man, Jersey and Guernsey.

British Overseas Territories [citizen] is interchangeable with British Dependent Territories [citizen]

ELIGIBILITY FOR REGISTRATION/NATURALISATION AS A BRITISH CITIZEN

BNA Provision Form required Traits Description
Section 4C UKM - P was born before 1983 and would have become CUKC if the acquisition by descent from mothers had been treated like that from fathers.
Section 4H UKF - Factual CUKC who would have automatically become British citizens from 1983 had their mother been married to their natural father at birth.
Section 4I UKF - "Eligible non/former British national" who would have become a CUKC/automatically became a British citizen from 1983.
Sch 2 para 5 S1 S, * Stateless P who is eligible for CUKC registration under BNA 1964 s1 and thus would counterfactually have become a British citizen.
Section 13 RS1 GC, * P who has previously renounced their British citizenship to acquire/retain some other citizenship or nationality.
- EM - Potentially stateless persons who were resident in Hong Kong and are British Overseas Territories citizens only through connection to Hong Kong (British Nationality (Hong Kong) Act 1997 s1(2))
- EM GC, * A potentially stateless person who was resident in Hong Kong would be stateless if not for being a British Overseas Citizen/British Protected person/British subject. (British Nationality (Hong Kong) Act 1997 s1(3))
Section 4B B(OS) S Registration of British Overseas citizens, British Subjects, British Protected Persons or British Nationals with no other citizenship or nationality.
Section 8 - * A woman who was married to a man on 1 Jan 1983 and became a British citizen on that date (Defunct provision but tested counterfactually).
Section 9 - * P was born in a foreign country between 1983 and 1988 whose CUKC by descent father was resident there and married to P's mother at commencement (Defunct provision but tested counterfactually).
Section 10 RS1 S, D, GC, * Registration of persons who previously renounced their CUKC status (before 1983).
Section 1(3) MN1 GC, * Minor who was born in the UK and whose parent later becomes settled in the UK while they are a minor.
Section 1(3A) MN1 GC, * Minor born in the UK whose parent becomes a member of the armed forces whilst they are a minor.
Section 1(4) T P, GC P born in the UK aged ten or over, who has been absent from the UK for <90 days during those ten years.
Section 4D MN1 GC P with a parent who was a member of the armed forces serving outside the UK Territories at their birth.
Section 5 - GC, * Registration of British Overseas Territories citizens who have that status by virtue of a connection with Gibraltar as British citizens.
Section 3(5) MN1 P, GC, * Minor born outside the UK to a British citizen by descent parent with <270 days absence within last 3 years.
Section 4A B(OTA) S, D, GC British Overseas Territories citizens who have not ceased to be British citizens through declaration or renunciation.
Section 3(5) MN1 P, GC, * Minor born outside the UK to a British citizen by descent parent with <270 days absence within last 3 years.
Section 3(2) MN1 P, GC, * Minor born outside the UK to a British citizen by descent parent with <270 days absence within last 3 years.
Section 4G UKF - P born after 1983 who would automatically have become a British citizen if their mother was married to their natural father at birth.
Section 4F UKF GC(C), * Minor who would be eligible under s1(3)/3(2)/3(5)/Sch. 2 p. 4/5 if their mother was married to their natural father at birth.
Section 4K - - P who has never been a British citizen and is eligible under s17A/17C/17D/17E/17F/17H.
Section 4L ARD D P who would have automatically become a British citizen had historic legislation been fair.
Section 4L ARD D P who would have been eligible to become a British citizen had historic legislation been fair.
Section 3(1) MN1 P, D, GC, * Minor born to a parent who later registered as a British citizen under S4C/4G/4H/4I/4L and would have automatically become British citizens had they been born after registration.
Section 3(1) MN1 P, D, GC, * Minors who were adopted overseas via a UK legally recognised adoption.
Section 3(1) MN1 P, D, GC, * Minor born to a parent who later registered as a British citizen under S4C/4G/4H/4I/4L and would have been entitled to register under s3(2) or 3(5) had they been born after registration.
Section 3(1) MN1 P, D, GC, * Minors born in the UK and not eligible under any other 3(1) rules whose "future lies in the UK".
Section 3(1) MN1 P, D, GC, * Minor born to a parent who has renounced and subsequently resumed British citizenship, which is citizenship other than by descent.
Section 3(1) MN1 P, D, GC, * Minor born outside of the UK, not eligible under other 3(1) rules whose "future lies in the UK".
Section 3(1) MN1 P, D, GC, * Minor born to a parent who has renounced and subsequently resumed British citizenship who would have been entitled to register under s3(2) or 3(5) had their parent not renounced.
Section 3(1) MN1 P, D, GC, * Minor whose British parent is employed in community institution service or a service which becomes designated after their birth.
Section 4(2) B(OTA) P, GC, * UK National who was absent from UK Territories for <450 days in the last 5 years and <90 days in the last year and is not subject to immigration laws.
Section 6(2), Sch 1 para 3 AN P, D, GC, * Adult P who is married to a British citizen and has been absent from the UK territories for <270 days in the past 3 years.
Section 6(1), Sch 1 para 1(1)(a) AN P, D, GC, * P with sufficient knowledge of UK life & language who was absent from the UK Territories for <450 days in the past 5 years, <90 days in the past year.
Section 4(5) B(OTA) D, GC, * UK National who has been in Crown service/other services appointed by/on behalf of the Crown.
Section 6(1), Sch 1 para 1(3) AN D, GC, * P with sufficient knowledge of UK life & language and presently serving outside the UK in Crown service.
Sch 2 para 3 S3 P, S Stateless P aged 18-22 born within UK Territories and lived there for the past 5 years with <450 days of absences during that period.
Sch 2 para 3A S3 P, S Stateless minors born within UK Territories and lived there for the past 5 years with <450 days of absences during that period.
Sch 2 para 4 S2 P, S, * Stateless P born outside UK Territories to a British citizen parent, parent lived in the UK for last 3 years with <270 days absence.

ELIGIBILITY FOR REGISTRATION AS A BRITISH OVERSEAS TERRITORIES CITIZEN

BNA Provision Form required Traits Description
BNA 1981 section 17A BOTC(M) - P who would have automatically become a CUKC before 1983 and become a British Overseas Territories citizen from 1983 had the law treated their parents equally.
BNA 1981 section 17F BOTC(F) - Eligible non/former British national
BNA 1981 section 17E BOTC(F) - P who was a CUKC on 31 Dec 1982/would have been a CUKC and become a British Overseas Territories citizen at commencement had their mother been married to their natural father at birth.
BNA 1981 Sch 2 para 5 S1 S, * Stateless P who is eligible for CUKC registration under BNA 1964 s1 and thus would counterfactually have become a British Overseas Territories citizen.
BNA 1981 section 20 - * Woman who was married to a man on 1 Jan 1983 who became a British Overseas Territories citizen at that point (Defunct provision but tested counterfactually).
BNA 1981 section 21 - * P born in a foreign country between 1983 and 1988 whose CUKC by descent father was resident there and married to their mother at commencement (Defunct provision but tested counterfactually).
BNA 1981 section 15(3) MN2 GC, * Minor who was born in the UK and whose parent later becomes settled in the UK while they are a minor.
BNA 1981 section 15(4) MN2 P, GC P born in UK aged ten or over, who has been absent from the UK dependent territories for <90 days during those ten years.
BNA 1981 section 17(5) MN2 P, GC Minor born outside UK dependent territories to a British Overseas Territories citizen by descent parent with <270 days absence within last 3 years.
BNA 1981 section 17(2) MN2 P, GC, * Minor born outside UK dependent territories to a British Overseas Territories citizen by descent parent with <270 days absence within last 3 years.
BNA 1981 section 17D BOTC(F) - P born after 1983 who would automatically become a British Overseas Territories citizen if their mother was married to their natural father at birth.
BNA 1981 section 17C BOTC(F) GC(C), * Minor who would be eligible under s15(3)/17(2)/17(5)/Sch 2 para 4/5 if their mother was married to their natural father at birth.
BNA 1981 section 17I - D P who would have automatically become a British Overseas Territories citizen had historic legislation been fair.
BNA 1981 section 17I - D P who would have been eligible to become a British Overseas Territories citizen had historic legislation been fair.
BNA 1981 section 17(1) MN2 P, D, GC, * Discretionary registration of a minor as a British Overseas Territories citizen.
BNA 1981 section 18(2), Sch 1 para 7 AN(modified) P, D, GC, * Adult P who is married to a British overseas territories citizen and has been absent from the UK territories for <270 days in the past 3 years.
BNA 1981 section 18(1), Sch 1 para 5(1)(a) AN(modified) P, D, GC, * P with sufficient knowledge of UK life & language who was absent from the UK dependent territories for <450 days in past 5 years, <90 days in past year.
BNA 1981 section 18(1), Sch 1 para 5(3) AN(modified) D, GC, * P with sufficient knowledge of UK life & language and presently serving outside the UK dependent territories in Crown service.
BNA 1981 Sch 2 para 3 S3 P, S Stateless P aged 18-22 born within UK dependent territories and lived there for the past 5 years with <450 days of absences during that period.
BNA 1981 Sch 2 para 3A S3 P, S Stateless minor born within UK dependent territories and lived there for the past 5 years with <450 days of absences during that period.
BNA 1981 Sch 2 para 4 S2 P, S, * Stateless P born outside UK dependent territories to a British citizen parent, parent lived in UK or dependent territory for last 3 years with <270 days absence.

ELIGIBILITY FOR REGISTRATION AS A BRITISH OVERSEAS CITIZEN

BNA Provision Form required Traits Description
HK(BN)O 1986 s.6(3) P1 S Stateless P was born after 30 Jun 1997 to a British Overseas citizen parent whose parents were Dependents Territories citizens through a connection with Hong Kong immediately before 1 July 1997.
Section 27(1) MN3 D P was born in a foreign country between 1983 and 1988 whose CUKC by descent father was resident there and married to P's mother at commencement.
Sch 2 para 4 S2 P, S Stateless P was born outside the UK to a British Overseas citizen parent and a parent who lived in the UK or British overseas territories for the last 3 years with <270 days of absence.
Sch 2 para 5 S1 S Stateless P who is eligible for CUKC registration under BNA 1964 s1 and thus would counterfactually have become a British Overseas citizen.

ELIGIBILITY FOR REGISTRATION AS A BRITISH SUBJECT

BNA Provision Form required Traits Description
Section 32 MN4 D, GC Discretionary registration of minors as British subjects.
Sch 2 Para 4 S2 P, S Stateless P who is eligible for CUKC registration under BNA 1964 s1 and thus would counterfactually have become a British Subject.

ELIGIBILITY FOR REGISTRATION AS A BRITISH PROTECTED PERSON

BNA Provision Form required Traits Description
BPPSPP Order 1981 para 7(2) - P, S Stateless P born to a British Protected person parent who was absent from the UK or dependent territories for <270 days in the past 3 years.

Guide

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