Alexander Finch authors new article on implications for citizenship and naturalisation of High Court decision on section 4L

26 February 2025

A new article by Alexander Finch 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. Alexander has previously written articles on how section 4L has the potential to remedy historical wrongs and open the door to many possibilities for securing British citizenship through UK ancestry in both Free Movement and Lexis PSL.

Here he wrote about how the new law significantly expanded possibilities for claiming British citizenship through a grandparent. The Free Movement article examined how section 4L 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.

Alexander also covered more of the main categories of ancestral claims to British citizenship based on historical legislative unfairness in this article for Free Movement on revised guidance on section 4L British Nationality Act 1981: the Romein principle.

And in this article for Lexis PSL – Nationality and Borders Act 2022 – Nationality Provisions – Alexander further analyses the nationality provisions of the Nationality and Borders Act 2022.

Alexander’s 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” writes Alexander. “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…”.

Alexander Finch is always ready to discuss any UK immigration or naturalisation matter. You can contact him on alexander@vanessaganguin.com or using the form below.