New article on implications for citizenship and naturalisation of High Court decision on section 4L

26 February 2025

Our new article by in Free Movement examines the High Court decision of R (APD) v SSHD on section 4L of the British Nationality Act 1981.

This discretionary provision allows registration as a British citizen in special circumstances, including on the basis of historical legislative unfairness. Section 4L has the potential to remedy historical wrongs and open the door to many possibilities for securing British citizenship through UK ancestry.

The Free Movement article examines how section 4L has opened up significant possibilities for claiming British citizenship,  including those born in a foreign country before 1988 with a UK-born grandmother and other examples of how those with UK-born grandparents may well have strongly arguable claims, even if they need legal advice to make them stick.

This latest article for Free Movement outlines the case of APD, the first reported judicial treatment of section 4L, and its implications for extending British nationality law and how it might define the available grounds of challenge to Home Office decision-making. The case “suggests intriguing possibilities”.

“There are a variety of circumstances in which a person might be able to demonstrate that they should have been granted (or recognised as having) permanent residence. And where they have been prevented from accessing permanent residence, inability to obtain British citizenship by naturalisation might naturally result…”.

You can read the article (paywall) on the link below, or please contact us if you think this may apply to you, to discuss any immigration, nationality, ancestry or citizenship issues, using the form below, or by calling 0207 033 9527.