(Form ARD)Application for registration as a British citizen

[Simplyboombastic]

Hello everyone,

I need everyone's help here. In December 2022 I applied to British citizenship using ARD form. I did use the form because I was born during the transitional period for consular birth registration (1-1-1983 - 31-12-1987) and consular officer denied in person the request to register me as my dad himself is a British citizen by descent.
To use ARD form, one of the three requirements has to be satisfied:

(In the Home Secretary’s opinion you would, or would have been able to become, a British citizen but for—

historical legislative unfairness

an act or omission of a public authority

exceptional circumstances relating to you)

I do believe my application falls under ( act or omission of a public authority ) so yesterday home office emailed me this and is requiring payment within 2 weeks and I am lost. I really need your help and guidance here.

Dear X

I refer to your application for British citizenship under section 4L.

The appropriate fee is £1206.00

The amount we have received is £80.00 Therefore we need a further £1126.00. In order to continue with your application.

As you would have qualified for registration under Section 9 of the British Nationality Act 1981 or naturalisation but for legislative unfairness, an act or omission of a public authority or exceptional circumstances, you will still need to pay an application fee to register under this route, as well as a ceremony fee. This registration fee will cost £1206.00 and fees are payable in accordance with The Immigration and Nationality (Fees) Regulations 2018. Please see the payment slip attached for you to return to the address provided within the slip.

As noted above a further payment of £1126.00 is required.

Please fill in the below details and return payment slip to nationality.cashiers@homeoffice.gov.uk.

Payment is required by 16 February 2024. Payment should be made by cheque, postal orders or debit/credit card – please do not send cash.

Yours sincerely ,

Again, thank you very much for your kind help.

[contorted_svy]

It seems to me they are confirming you are eligible to apply, but the application to register has a cost, which is what you have been asked to pay. Could you specify the reasons why you don't think you should pay the fee?

[Simplyboombastic]

It seems to me they are confirming you are eligible to apply, but the application to register has a cost, which is what you have been asked to pay. Could you specify the reasons why you don't think you should pay the fee?

Hello,

The consulate didn't want to register my birth when my dad requested to do so. They said the law changed in 1983 and I could no longer be registered as British citizen.

In the 80's the fee to register was of 85 GBP. I believe at the consulate they unlawfully denied my registration which would have costed 85 GBP and now they want me to pay a whopping a mount of 1206 GBP. I do believe section 4L apply to me and someone can correct me if I am wrong

[contorted_svy]

The fact that section 4L applies to you doesn't mean that you should pay the fee that was due in the 80s.

[alterhase58]

The guidance for ARD (https://www.gov.uk/government/publicati ... n-form-ard) states on the face of the website "Send the form and payment slip (including the fee) and your documents".

ARD is a new one to me - where did it state the fee is only £80 (the current ceremony fee)? Did you make enquiries what the fee should be? Not saying you are wrong or they are right.

I note this paragraph from the guidance:
"If, however, you would have qualified for registration or naturalisation but for legislative unfairness, an act or omission of a public authority or exceptional circumstances, you will still need to pay an application fee to register under this route, as well as a ceremony fee. Fees are listed on our fees page."

It should be noted that application fees over the past 20 years have been heavily loaded with a profit element to subsidise the Home Office.

[Simplyboombastic]

The fact that section 4L applies to you doesn't mean that you should pay the fee that was due in the 80s.

The fee to register under 4l is of 80 GBP

https://www.gov.uk/government/publicati ... fees-table

[Simplyboombastic]

The guidance for ARD (https://www.gov.uk/government/publicati ... n-form-ard) states on the face of the website "Send the form and payment slip (including the fee) and your documents".

ARD is a new one to me - where did it state the fee is only £80 (the current ceremony fee)? Did you make enquiries what the fee should be? Not saying you are wrong or they are right.

I note this paragraph from the guidance:
"If, however, you would have qualified for registration or naturalisation but for legislative unfairness, an act or omission of a public authority or exceptional circumstances, you will still need to pay an application fee to register under this route, as well as a ceremony fee. Fees are listed on our fees page."

It should be noted that application fees over the past 20 years have been heavily loaded with a profit element to subsidise the Home Office.

Hello,

Here is the link. https://www.gov.uk/government/publicati ... fees-table

[alterhase58]

Best to get back in touch with UKVI and point out the discrepancy - haven't come across this before.
Can't see form "ARD" mentioned in that fee schedule - 4L is. But can't really suggest anything else.

[CR001]

Where does it state it is only £80 for a 4L application? I dont see any reference to 4L.

[CR001]

The fact that section 4L applies to you doesn't mean that you should pay the fee that was due in the 80s.

The fee to register under 4l is of 80 GBP

https://www.gov.uk/government/publicati ... fees-table

That is for 4i not 4L.

[Simplyboombastic]

The fact that section 4L applies to you doesn't mean that you should pay the fee that was due in the 80s.

The fee to register under 4l is of 80 GBP

https://www.gov.uk/government/publicati ... fees-table

That is for 4i not 4L.

Thanks. I just saw where I have to pay the full fee which is truly a bummer. Especially that it was completely their fault for not registering me.

Quick question, I have two kids, one born in the UK and the other one born in the US. Do they have to go through the same thing ? What about the one born in UK, after getting the certificate can I apply directly for his passport ?

Thanks everyone

[alterhase58]

Your children born before naturalisation will not automatically be British citizens.
Being born in the UK doesn't confer citizenship, unless born to a British citizen or a UK resident (with ILR/Settled Status).
What is childrens' UK immigration status? Are you resident in the UK?
On the face of it they would need to be registered on form MN1, if they are minors.

[Simplyboombastic]

Your children born before naturalisation will not automatically be British citizens.
Being born in the UK doesn't confer citizenship, unless born to a British citizen or a UK resident (with ILR/Settled Status).
What is childrens' UK immigration status? Are you resident in the UK?
On the face of it they would need to be registered on form MN1, if they are minors.

Hello,

I did study in the UK. We are now all back to the US. All 3 US citizens. I can't over home office now causing me to pay whooping amount of GBP

[contorted_svy]

The fact that section 4L applies to you doesn't mean that you should pay the fee that was due in the 80s.

The fee to register under 4l is of 80 GBP

https://www.gov.uk/government/publicati ... fees-table

That is for 4i not 4L.

Thanks. I just saw where I have to pay the full fee which is truly a bummer. Especially that it was completely their fault for not registering me.

Quick question, I have two kids, one born in the UK and the other one born in the US. Do they have to go through the same thing ? What about the one born in UK, after getting the certificate can I apply directly for his passport ?

Thanks everyone

I think you will need to apply for their registration according to their circumstances because you weren't British when they were born (and sadly pay more fees).

[secret.simon]

Acquisition of British nationality at any time after birth is never automatic, but would only be via either registration or naturalisation. Any form of acquisition of British nationality is always only prospective (from the date of registration or naturalisation certificate) and never retrospective. And yes, you'd need to pay the relevant current fees for any relevant registration or naturalisation application.

How old are the children?

The UK born child would be entitled to be registered as a British citizen on Form MN1 if (a) you get your registration certificate and you apply for them before their 18th birthday, but after you get your registration certificate, or (b) at any time in their life if they have lived in the UK for the first 10 years of their lives, with absences of no more than 90 days in each of those first ten years. The UK-born child would not need to be resident in the UK at the time of the registration application if either conditions (a) or (b) are met.

The US born child could apply to register as a British citizen at discretion, on the same form (MN1). They could be expected to meet residence and visa requirements in the UK.

Both children would be British citizens otherwise than by descent if so registered and would be able to automatically pass on their British citizenship to one generation born outside the UK.

PS: Which of your grandparents is UK-born?

[Simplyboombastic]

Acquisition of British nationality at any time after birth is never automatic, but would only be via either registration or naturalisation. Any form of acquisition of British nationality is always only prospective (from the date of registration or naturalisation certificate) and never retrospective. And yes, you'd need to pay the relevant current fees for any relevant registration or naturalisation application.

How old are the children?

The UK born child would be entitled to be registered as a British citizen on Form MN1 if (a) you get your registration certificate and you apply for them before their 18th birthday, but after you get your registration certificate, or (b) at any time in their life if they have lived in the UK for the first 10 years of their lives, with absences of no more than 90 days in each of those first ten years. The UK-born child would not need to be resident in the UK at the time of the registration application if either conditions (a) or (b) are met.

The US born child could apply to register as a British citizen at discretion, on the same form (MN1). They could be expected to meet residence and visa requirements in the UK.

Both children would be British citizens otherwise than by descent if so registered and would be able to automatically pass on their British citizenship to one generation born outside the UK.

PS: Which of your grandparents is UK-born?

Hello,

It was my paternal grandfather.