Borders, Citizenship and Immigration Act 2009

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryUnited Kingdom

Operative dateJanuary 13, 2010

CategoryCitizenship or nationality status

Policy toolEligibility

Affected groupNew applicants

Policy effect

Amends British citizenship acquisition rules, including conferring automatic citizenship on children born in the UK to armed forces members and removing time limits for minor registration.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

2022 (c. 36), ss. 9(3)(b), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 8 (with Sch. 2 para. 3) Commencement Information I1S. 41(5) in force at 27.10.2014 for specified purposes by S.I. 2014/2634, art. 2(a) Acquisition of British citizenship by birthU.K.42Children born in UK etc. to members of the armed forcesU.K. (1)Section 1 of the British Nationality Act 1981 (c. 61) (acquisition of British citizenship by birth or adoption) is amended as follows. (2)After subsection (1) insert— “(1A)A person born in the United Kingdom or a qualifying territory on or after the relevant day shall be a British citizen if at the time of the birth his father or mother is a member of the armed forces.” (3)In subsection (3), after “subsection (1)” insert “ , (1A) ”. (4)After subsection (3) insert— “(3A)A person born in the United Kingdom on or after the relevant day who is not a British citizen by virtue of subsection (1), (1A) or (2) shall be entitled to be registered as a British citizen if, while he is a minor— (a)his father or mother becomes a member of the armed forces; and (b)an application is made for his registration as a British citizen”. (5)In subsection (4), after “subsection (1)” insert … “ , (1A) ”. (6)After subsection (8) insert— “(9)The relevant day for the purposes of subsection (1A) or (3A) is the day appointed for the commencement of section 42 of the Borders, Citizenship and Immigration Act 2009 (which inserted those subsections).” Commencement Information I2S. 42 in force at 13.1.2010 by S.I. 2009/2731, art. 4(a) Acquisition of British citizenship etc. by registrationU.K.43MinorsU.K. (1)Section 3 of the British Nationality Act 1981 (c. 61) (acquisition by registration: minors) is amended as follows. (2)In subsection (2), for “within the period of twelve months from the … date of the birth” substitute “ while he is a minor ”. (3)Omit subsection (4). Commencement Information I3S. 43 in force at 13.1.2010 by S.I. 2009/2731, art. 4(b)44British Nationals (Overseas) without other citizenshipU.K. (1)Section 4B of the British Nationality Act 1981 (acquisition by registration: certain persons without other citizenship) is amended as follows. (2)In subsection (1)— (a)omit “or” immediately before paragraph (c), and (b)after that paragraph insert “, or (d)British National (Overseas)”. (3)In subsection (2)(c), for “4th July 2002” substitute “ the relevant day ”. (4)After …

UK Legislationlegislation.gov.uk. Borders, Citizenship and Immigration Act 2009.; The Borders, Citizenship and Immigration Act 2009 (Commencement No. 1) Order 2009 (S.I. 2009/2731 (C. 119)), legislation.gov.uk.Open official source

Retrieved from https://legislation.gov.uk/ukpga/2009/11

Review method

Two separate automated exact-claim source reviews

Automated source validation is not independent human legal review. The finding should not be treated as legal advice. Record fcp-546d3e5b5afcd62495ff. Something wrong? Flag this record.

Borders, Citizenship and Immigration Act 2009

Policy effect

Official source excerpt

Review method

Other United Kingdom changes operative in 2010