This relates to the considerations/checks by the Home Office with regards to the British Citizenship Applications that are submitted under Section 6 of the British Nationality Act 1981.
Checking if Certificate of Naturalisation is Necessary?
During the consideration process, the Home Office checks whether or not an applicant is already a British Citizen. Moreover, the Home Office evaluates the applications for automatic claims and entitlements, whereby grant of Certificate of Naturalisation is not necessary
Applicant Already a British Citizen
A certificate of naturalisation is not granted to a person who is either already a British Citizen or who has an entitlement to British citizenship under another provision of the British Nationality Act 1981.
Checking Application for An Automatic Claim
If there is nothing in the papers to suggest that the applicant is already a British citizen the application is not further investigated by the assessing officer.
If during the assessment process, it transpires that an applicant has an automatic claim to British citizenship, then the Home Office writes to the applicant and apprise/inform the applicant accordingly, usually by explaining that naturalisation is not necessary. The Home Office also make necessary arrangements for the refund of the application fee.
Checking Application for Entitlements
If the applicant is not already a British citizen, then he/she may still have an entitlement to be registered as a British citizen under:
- section 1(4), if born in the UK on or after 1 January 1983;
- section 4, if a British overseas territories citizen, a British National (Overseas), a British Overseas citizen, a British subject under the act or a British protected person;
- section 4B, if a British Overseas citizen, a British subject under the act or a British protected person;
- section 4C if born before 1983 to a Citizen of the UK and Colonies (CUKC) mother;
- section 5, if a British overseas territories citizen by connection with Gibraltar;
- section 10, if the applicant was a CUKC who renounced that status before 1 January 1983;
- section 13, if the applicant was a British citizen who renounced that status;
- paragraph 3 of schedule 2, if born stateless in the UK or a British overseas territory on or after 1 January 1983;
- paragraph 4 of schedule 2, if born stateless outside the UK and the British overseas territories on or after 1 January 1983;
- paragraph 5 of schedule 2, if born stateless before 1 January 1983
If the applicant is entitled to registration as a British citizen, the Home Office writes to the applicant and explains/informs accordingly. Moreover, if Home Office deems appropriate, refunds the excess fee.
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Related: Requirements to Naturalise as a British Citizen u/s 6 of 1981 Act, Types of British Citizenship, Naturalisation and Registration Grants, British Citizenship Grants by Previous Country of Nationality, British Citizenship Reasons for Rejection, British Citizenship Refusal Rate, How Can Immigration Solicitors Help Challenge a UK Visa Refusal Decision?, Judicial Review, UK Visa Appeal Process and British Nationality Act 1981