Policy paper

British Nationality Act 1981 (Remedial) Order 2019

A Remedial Order to remove the good character requirement for certain applications for British citizenship and address the incompatibility with the Human Rights Act 1998.

Documents

Government response to the fifth report from the Joint Committee on Human Rights, Session 2017-19: proposal for a draft British Nationality Act 1981 (Remedial) Order 2018 - January 2019

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Government response to the fifth report from the Joint Committee on Human Rights, Session 2017-19: proposal for a draft British Nationality Act 1981 (Remedial) Order 2018 - January 2019 (print)

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Incompatibility under the Human Rights Act 1998: a remedial order to amend the good character requirement at section 41A(1) of the British Nationality Act 1981

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Incompatibility under the Human Rights Act 1998: a remedial order to amend the good character requirement at section 41A(1) of the British Nationality Act 1981 (print)

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Details

On 25 July 2019, the British Nationality Act 1981 (Remedial) Order 2019 came into force.

The Remedial Order removes the good character requirement for British citizenship in the following applications for registration:

  • section 4F of the British Nationality Act 1981 on the basis the person would be entitled to register under paragraph 4 or 5 of Schedule 2
  • sections 4C, 4G, 4H and 4I of the British Nationality Act 1981

These changes follow the incompatibility with the European Convention on Human Rights (ECHR) identified by the UK courts in relation to various categories of people who would automatically have become British citizens had their parents been married to one another at the time of their birth or had their father been British rather than their mother.

Published 15 March 2018
Last updated 9 January 2020 + show all updates
  1. Updated the relevant application types affected by this order.

  2. Updated to reference the British Nationality Act 1981 (Remedial) Order 2019 coming into force.

  3. New government response to the 5th report from the Joint Committee on Human Rights, Session 2017-19 (HC 926, HL paper 146 - January 2019.

  4. First published.