4L vs 4C Registration

[Gallagheria]

Hello everyone. I was registered as a British citizen under section 4C in 2022. My mother was born in the UK in 1957 and I was born in the United States in 1978. However, after reviewing the current nationality guidance, particularly Example 12 concerning section 5(1)(b) of the British Nationality Act 1948 and section 4L, I am trying to see why I was not registered under 4L, or if this means my children can register under 4L. Thank you!

“Registration as a British citizen in special circumstances,” Version 5.0, 7 May 2025
Example 12 – grandmother born in the UK – possible route to citizenship through section 5(1)(b) of the 1948 Act
Dwight was born in the USA in 1972. His maternal grandmother was born in the UK in 1925. Dwight’s father was born in the USA in 1950. Dwight’s father was not a citizen of the UK and Colonies by descent, because women could not pass on citizenship at that time. He has since registered as a British citizen under section 4C (in 2010). If women had been able to pass on citizenship at the time, Dwight’s father would have become a CUKC by descent and could have registered Dwight’s birth at a UK consulate within a year of the birth.
Under section 5 of the British Nationality Act 1948 there were certain scenarios where a person could have become a CUKC, despite their father being a CUKC by descent. The Supreme Court’s decision in the case of Romein took into account the fact that British mothers could not register their children’s birth at a British consulate, and we have recently legislated to allow a person who would have qualified under section 5(1)(b) to benefit under section 4C, despite the fact that no registration took place. If Dwight can establish that he would have had a claim under section 5(1)(b), having been born in a foreign (and not Commonwealth) country, had women been able to pass on citizenship in the same way as men, registration under section 4L might be appropriate.

[secret.simon]

My mother was born in the UK in 1957 and I was born in the United States in 1978...I am trying to see why I was not registered under 4L, or if this means my children can register under 4L.

Section 4L was only added to the British Nationality Act 1981 in late June 2022. It may not have been available when your application was being considered.

I think the caseworkers would have applied the Section of the law that would have been more narrowly fit your circumstance, compared to the much broader Section 4L.

In any case, once you have acquired British citizenship, your status as a British citizen (by descent or otherwise) is fixed as at the time of acquisition and can't be undone and redone to acquire a different status.

Also acquisition of British citizenship by registration (and naturalisation) is only prospective from the date of the registration (naturalisation) certificate and so would not affect the British nationality status of any children born before that date.

With regards to your children, it is unlikely that they will be able to benefit from Section 4L. Keep in mind that a general principle that undergirds British nationality law is that only one generation outside the UK can acquire British citizenship. Assuming that your children were born after 1983, there has been no "historic legislative unfairness" that applies to them, as after that date, British citizen mothers could pass on their British citizenship on the same basis as British citizen fathers, limited by the number of generations outside the UK. Hence Section 4L would not apply to them. In the example you cited, Dwight was born in 1972. As mentioned above, birth before 1st January 1983 is the cut-off for Section 4C explicitly and Section 4L implicitly (at least with regards to historic legislative unfairness about differentiating between British citizen mothers and fathers).

You haven't mentioned where in the UK your family hails from, but if you or your children have a parent or grandparent born on the isle of Ireland (either side of the border), they could be eligible for Irish citizenship (ask any questions about that in the Ireland forum), which should give the right to live in both the UK and the EEA. Be aware that Ireland also follows the same principle as the UK about a limit on the number of generations outside Ireland.