British Citizenship through Exceptional Circumstances FORM ARD 4L

[debssss]

Hello everyone,

I’m applying for Registration for British Citizenship using Form ARD, under “Exceptional Circumstances” for context I’m 26, born in the UK before 1 June 2006, however my mum never married my father and wasn’t a citizen. My father, however, got ILR a year after I was born, but because they never stayed in touch (my mother kept him away from me until I was 18) he couldn’t make an application for me before I turned 18.

We reconnected in the last few years, and want to apply for my citizenship using form ARD, how are my chances at getting it through this route?

Also I was considered stateless as a child, since my father’s citizenship wasn’t known and my mother was seeking asylum. She got deported and I had to go with her as she was my legal guardian. I was 9 at the time so I couldn’t Register as an Individual at 10 years old. Could I also state that it wasn’t my fault that I had to go with my mother as a minor which made me miss out on the opportunity to Register back then?

Thank you!

[contorted_svy]

Where do you live now, and what is your current immigration status? What is your current nationality?

[contorted_svy]

Reading the guidance https://assets.publishing.service.gov.u ... ces_V2.pdf page 6

Checking whether the person would have been, or would
have been able to become, a British citizen
You must first check whether the person would have been, or would have been able
to become, a British citizen but for historical legislative unfairness, an act or omission
of a public authority, or exceptional circumstances relating to the applicant.
You must consider whether the person would have otherwise:
• become a British citizen automatically – by birth, descent or adoption
• qualified for registration or naturalisation as a British citizen
To assess whether the person would have become British automatically, you must
look at their date and place of birth, and their parents’ status at the time, to see if
they could otherwise have become a British citizen under the relevant nationality
legislation. Further information on previous nationality laws can be found in the
historical background information on nationality.
To assess whether the person could otherwise have qualified for registration or
naturalisation you must consider whether they would have been able to meet the
statutory requirements at the relevant time.
You must then assess the reasons put forward why the person was not able to
acquire that status, to see if they fit Exceptional circumstances
Section 4L also allows for registration where the person did not become, or was not
able to become, a British citizen because of exceptional circumstances relating to
them. This is to be used where those exceptional circumstances directly prevented
the person from acquiring citizenship: it is not intended to be used to cover cases
where a person does not meet the requirements for other routes. Similarly, where a
person’s circumstances might be exceptional or compelling, we cannot grant
citizenship under this provision unless those circumstances directly prevented them
from becoming a British citizen. There needs to be a clear link between their
particular and exceptional circumstances and the failure to be, or become, a British
citizen.
within the conditions set out in the legislation:
• historical legislative unfairness
• an act or omission of a public authority
• exceptional circumstances relating to that person

You would need to qualify under the third case - exceptional circumstances. However, you need to demonstrate that at some point, you had the entitlement to register as British but couldn't because your mother took you with her.

On page 8

Exceptional circumstances
Section 4L also allows for registration where the person did not become, or was not
able to become, a British citizen because of exceptional circumstances relating to
them. This is to be used where those exceptional circumstances directly prevented
the person from acquiring citizenship: it is not intended to be used to cover cases
where a person does not meet the requirements for other routes. Similarly, where a
person’s circumstances might be exceptional or compelling, we cannot grant
citizenship under this provision unless those circumstances directly prevented them
from becoming a British citizen. There needs to be a clear link between their
particular and exceptional circumstances and the failure to be, or become, a British
citizen.

So first of all one must determine under which Section you could have been registered as British.

This is the relative guidance https://assets.publishing.service.gov.u ... t_2023.pdf

At first glance, section 1(3A), 3(2), 3(5) don't apply to you.

Re: section 1(3): did your dad ever apply to become British? If so, you could maybe have been registered when your father got his ILR. You would need to demonstrate exceptional circumstances as to why you were kept apart.

A possibility may be that you could have been registered under section 1(4) but couldn't as your mother unilaterally decided to take you away - but you didn't meet the statutory requirements at that point so I don't know if that could work.

Section 3(1) is also worth considering as you were born in the UK and lived here for some time. Did you ever get ILR?

As you were deemed stateless, there is also form S to consider https://www.gov.uk/government/publicati ... s-guidance but I don't know anything about this route personally.

Other members particularly @secret.simon may help more.

[debssss]

Reading the guidance https://assets.publishing.service.gov.u ... ces_V2.pdf page 6

Checking whether the person would have been, or would
have been able to become, a British citizen
You must first check whether the person would have been, or would have been able
to become, a British citizen but for historical legislative unfairness, an act or omission
of a public authority, or exceptional circumstances relating to the applicant.
You must consider whether the person would have otherwise:
• become a British citizen automatically – by birth, descent or adoption
• qualified for registration or naturalisation as a British citizen
To assess whether the person would have become British automatically, you must
look at their date and place of birth, and their parents’ status at the time, to see if
they could otherwise have become a British citizen under the relevant nationality
legislation. Further information on previous nationality laws can be found in the
historical background information on nationality.
To assess whether the person could otherwise have qualified for registration or
naturalisation you must consider whether they would have been able to meet the
statutory requirements at the relevant time.
You must then assess the reasons put forward why the person was not able to
acquire that status, to see if they fit Exceptional circumstances
Section 4L also allows for registration where the person did not become, or was not
able to become, a British citizen because of exceptional circumstances relating to
them. This is to be used where those exceptional circumstances directly prevented
the person from acquiring citizenship: it is not intended to be used to cover cases
where a person does not meet the requirements for other routes. Similarly, where a
person’s circumstances might be exceptional or compelling, we cannot grant
citizenship under this provision unless those circumstances directly prevented them
from becoming a British citizen. There needs to be a clear link between their
particular and exceptional circumstances and the failure to be, or become, a British
citizen.
within the conditions set out in the legislation:
• historical legislative unfairness
• an act or omission of a public authority
• exceptional circumstances relating to that person

You would need to qualify under the third case - exceptional circumstances. However, you need to demonstrate that at some point, you had the entitlement to register as British but couldn't because your mother took you with her.

On page 8

Exceptional circumstances
Section 4L also allows for registration where the person did not become, or was not
able to become, a British citizen because of exceptional circumstances relating to
them. This is to be used where those exceptional circumstances directly prevented
the person from acquiring citizenship: it is not intended to be used to cover cases
where a person does not meet the requirements for other routes. Similarly, where a
person’s circumstances might be exceptional or compelling, we cannot grant
citizenship under this provision unless those circumstances directly prevented them
from becoming a British citizen. There needs to be a clear link between their
particular and exceptional circumstances and the failure to be, or become, a British
citizen.

So first of all one must determine under which Section you could have been registered as British.

This is the relative guidance https://assets.publishing.service.gov.u ... t_2023.pdf

At first glance, section 1(3A), 3(2), 3(5) don't apply to you.

Re: section 1(3): did your dad ever apply to become British? If so, you could maybe have been registered when your father got his ILR. You would need to demonstrate exceptional circumstances as to why you were kept apart.

A possibility may be that you could have been registered under section 1(4) but couldn't as your mother unilaterally decided to take you away - but you didn't meet the statutory requirements at that point so I don't know if that could work.

Section 3(1) is also worth considering as you were born in the UK and lived here for some time. Did you ever get ILR?

As you were deemed stateless, there is also form S to consider https://www.gov.uk/government/publicati ... s-guidance but I don't know anything about this route personally.

Other members particularly @secret.simon may help more.

Thank you so much for this!

My mother was deported to a West African country, and I've now gotten a passport of that country so I'm not sure I can consider myself stateless anymore. My father was married to someone else shortly after my birth (however, I'm not sure of the details regarding this, he's since been divorced), so could that be considered exceptional circumstances?

Also section 3(1) my father still has ILR till this day and never applied for British citizenship. Is it possible to apply under section 1(4) which would have been possible back then as an individual if my mother had left me in the country (which had been an option) but she refused to leave me in foster care or with relatives in the UK? My father also wasnt aware i was out of the country until I was much older so couldn't apply for citizenship for my as his daughter. His name also wasnt added to my birth certificate until 2020 (after I'd turn 18), however, a dna test confirmed his paternity.

Is it possible to use both these circumstances in my application or am I better off using one more than the other? Thank you for answering!

[secret.simon]

My father was married to someone else shortly after my birth (however, I'm not sure of the details regarding this, he's since been divorced)

Was either your father or your mother married to somebody else on the date of your birth?

[debssss]

My father was married to someone else shortly after my birth (however, I'm not sure of the details regarding this, he's since been divorced)

Was either your father or your mother married to somebody else on the date of your birth?

So I just asked my father, and yes, he was in fact married a year before I was born.

[contorted_svy]

Did you ever hold ILR in the UK?

[debssss]

Did you ever hold ILR in the UK?

No, I've never held ILR.

[debssss]

My father was married to someone else shortly after my birth (however, I'm not sure of the details regarding this, he's since been divorced)

Was either your father or your mother married to somebody else on the date of your birth?

So I just asked my father, and yes, he was in fact married a year before I was born.

My mother wasn't married either.

[secret.simon]

So I just asked my father, and yes, he was in fact married a year before I was born.

That weakens your case quite a bit.

The definition of father in the British Nationality Act 1981 is quite specific.

(9A)For the purposes of this Act a child’s father is—
(a)the husband or male civil partner, at the time of the child’s birth, of the woman who gives birth to the child, or
(b)where a person is treated as the father of the child under section 28 of the Human Fertilisation and Embryology Act 1990 or section 35 or 36 of the Human Fertilisation and Embryology Act 2008, that person, or
(ba)where a person is treated as a parent of the child under section 42 or 43 of the Human Fertilisation and Embryology Act 2008, that person, or
(c)where none of paragraphs (a) to (ba) applies, a person who satisfies prescribed requirements as to proof of paternity.

If your biological father was married to somebody else at the time of your birth, by definition, he does not meet definition (a).

The list of "exceptional circumstances" you'd need to overcome is pretty substantial.

(a) That a man married to another person fathered you,
(b) That that man may have registered you as a British citizen after they got ILR (given that they were married to somebody else, I am not sure that would even have been allowed as a matter of course).
(c) Even if you were born after they got ILR, you would not have been a British citizen automatically because they were married to somebody else at the time of your birth and hence would not have been your father for the purposes of the BNA 1981.
(d) That your mother and you were not deported before your 10th birthday. This may be your strongest point. If you can prove that you were stateless (not just without a passport, but actually stateless) at the time of your fifth birthday, your mother could have registered you as a stateless child on or after your fifth birthday. You may need to research the citizenship laws of your current country to prove that you were actually stateless at that time.

There is no harm in applying on Form ARD (your fees are refunded if you are refused), but I would not get your hopes up too high.

[contorted_svy]

(d) That your mother and you were not deported before your 10th birthday. This may be your strongest point. If you can prove that you were stateless (not just without a passport, but actually stateless) at the time of your fifth birthday, your mother could have registered you as a stateless child on or after your fifth birthday. You may need to research the citizenship laws of your current country to prove that you were actually stateless at that time.

In this case, would OP need to apply under Form ARD under exceptional circumstances or Form S?

[debssss]

The definition of father in the British Nationality Act 1981 is quite specific.

(9A)For the purposes of this Act a child’s father is—
(a)the husband or male civil partner, at the time of the child’s birth, of the woman who gives birth to the child, or
(b)where a person is treated as the father of the child under section 28 of the Human Fertilisation and Embryology Act 1990 or section 35 or 36 of the Human Fertilisation and Embryology Act 2008, that person, or
(ba)where a person is treated as a parent of the child under section 42 or 43 of the Human Fertilisation and Embryology Act 2008, that person, or
(c)where none of paragraphs (a) to (ba) applies, a person who satisfies prescribed requirements as to proof of paternity.

If your biological father was married to somebody else at the time of your birth, by definition, he does not meet definition (a).

The list of "exceptional circumstances" you'd need to overcome is pretty substantial.

(a) That a man married to another person fathered you,
(b) That that man may have registered you as a British citizen after they got ILR (given that they were married to somebody else, I am not sure that would even have been allowed as a matter of course).
(c) Even if you were born after they got ILR, you would not have been a British citizen automatically because they were married to somebody else at the time of your birth and hence would not have been your father for the purposes of the BNA 1981.
(d) That your mother and you were not deported before your 10th birthday. This may be your strongest point. If you can prove that you were stateless (not just without a passport, but actually stateless) at the time of your fifth birthday, your mother could have registered you as a stateless child on or after your fifth birthday. You may need to research the citizenship laws of your current country to prove that you were actually stateless at that time.

There is no harm in applying on Form ARD (your fees are refunded if you are refused), but I would not get your hopes up too high.

Thank you so much for your response! I deeply appreciate it.


My father did a DNA test to prove paternity, so I think this would apply -

(c)where none of paragraphs (a) to (ba) applies, a person who satisfies prescribed requirements as to proof of paternity.

If your biological father was married to somebody else at the time of your birth, by definition, he does not meet definition (a).

However, since he was married at the time, he probably wouldn't have been allowed to pass his ILR on to me.


If you can prove that you were stateless (not just without a passport, but actually stateless) at the time of your fifth birthday, your mother could have registered you as a stateless child on or after your fifth birthday. You may need to research the citizenship laws of your current country to prove that you were actually stateless at that time.

I did a bit of digging and the law of the country i live in states that "If a child born abroad to [redacted] parents is not registered with the [redacted] embassy or consulate to obtain official documentation confirming [redacted] citizenship, the child's status as a [redacted] citizen may not be formally recognized or documented. This lack of registration can have implications for the child's ability to prove [redacted] citizenship and exercise associated rights and privileges."

So with that I'm hoping I could use that to prove I was stateless at the time since my mother never registered me at the consulate as a child.