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Awan-Legal
Awan-Legal, Solicitor
Category: UK Immigration Law
Satisfied Customers: 128
Experience:  Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
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The British Nationality Act of 1981 provides for the possibility

Customer Question

The British Nationality Act of 1981 provides for the possibility of registering for British citizenship if one is born of a British mother outside of the UK before 1 Jan. 1983. However document BN1 issued by the Home Office Border Agency contains a flowchart (Chart B) which implies that one must ALSO be born BEFORE 7 Feb. 1961 in order to qualify for registration. Where does this second date come from? Was the 1981 law subsequently amended to impose this restriction? I cannot find the source of this additional qualification in any of the documents I've consulted.
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Awan-Legal replied 2 years ago.

Awan-Legal : Hi
Awan-Legal : You will be entitled to registration if:• you were born after 7 February 1961 but before 1 January 1983; and• you were born to a mother who was a citizen of the United Kingdom and Colonies at the time and you would have been a citizen of the United Kingdom and Colonies by descent if it had been possible for women to pass on citizenship of the United Kingdom and Colonies to their children in the same way as men could; and• had you been a citizen of the United Kingdom and Colonies, you would have had the right of abode in the United Kingdom and would have become a British citizen on 1 January 1983You would usually be entitled to registration if, at the time of your birth, your mother was a citizen of the United Kingdom and Colonies because she was born, legally adopted (see Note 2), naturalised or registered in the United Kingdom (see Note 3).  If your mother did not become a citizen of the United Kingdom and Colonies in this way, you would not normally be entitled to registration, although there are some exceptions.
Awan-Legal : It is simply a specific part of the legislation as follows which allows you to register if you meet the requirements as follows
Awan-Legal :   s 4C Acquisition by registration: certain persons born between 1961 and 1983 [4C Acquisition by registration: certain persons born between 1961 and 1983(1) A person is entitled to be registered as a British citizen if--(a) he applies for registration under this section, and(b) he satisfies each of the following conditions.(2) The first condition is that the applicant was born after 7th February 1961 and before 1st January 1983.(3) The second condition is that the applicant would at some time before 1st January 1983 have become a citizen of the United Kingdom and Colonies by virtue of section 5 of the British Nationality Act 1948 (c. 56) if that section had provided for citizenship by descent from a mother in the same terms as it provided for citizenship by descent from a father.(4) The third condition is that immediately before 1st January 1983 the applicant would have had the right of abode in the United Kingdom by virtue of section 2 of the Immigration Act 1971 (c. 77) had he become a citizen of the United Kingdom and Colonies as described in subsection (3) above.] [FN1]Notes:Act amended by British Nationality (Hong Kong) Act 1990 (c.34), s. 2(1), British Nationality (Hong Kong) Act 1990 (c.34), s. 2(1); extended by British Nationality (Falkland Islands) Act 1983 (c.6), s. 3(1); restricted by British Nationality (Falkland Islands) Act 1983 (c.6), s. 3(2) and amended by S.I. 1983/1699, art. 2(1) [FN1] added by Nationality, Immigration and Asylum Act (2002 c.41), Pt 1 s 13 (1)  
Awan-Legal : I will forward the parliamentary debate which set 1961 as the relevant date:
Awan-Legal : Lord Higgins asked Her Majesty’s Government:Why individuals born after 1961 to a British mother and a father who is not a British national are entitled to British citizenship but those born before 1961 are not.Lord Bassam of Brighton: My Lords, before 1983, women were unable to pass on their citizenship in the same way as men. On 7 February 1979, a concession was announced that the children of UK-born mothers aged under 18 could apply to be registered as British citizens. In 2003, we introduced a provision to register the adult children of UK-born mothers who were born after 7 February 1961. Those born before that date could not have benefited under the 1979 concession.
Awan-Legal : http://www.publications.parliament.uk/pa/ld200607/ldhansrd/text/70703-0001.htm
Awan-Legal : It therefore follows that the concession introduced in 1979 for children up to 18 calculated the period 18 years before 1979, which was 1961.
Awan-Legal : I hope that helps. Please click accept on my answer, thanks.
Customer :

Your answer is incomplete. The Citizenship and Immigration Act of 2009 abolished the provision that one must be born AFTER 7 Feb. 1961 and simply requires that one be born BEFORE 1 Jan. 1983. This explains the contradictions that appear in UKBA documents. I found this information on Wikipedia and am now studying the enabling legislation. Your service was of no help whatsoever and I do not accept your answer. If billed I will contest the charge.

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