What does this piece of law mean and where is it?

[Nish_b]

Hi Team

I hope this note finds you well.

I would appreciate some help and guidance on a point I have seen mentioned a couple of times on the immigration boards.

I have seen this piece below quoted and they mention it is in the nationality guidance;

6.3.8 Cases sometimes come to light where, due to official error, people have been consularly registered while ineligible for such registration or wrongly issued with British passports or certificates of entitlement to the right of abode. As a result they might have lost age- or time-limited entitlements to citizenship. So that they are not disadvantaged by the official error we should be ready in such cases to construe the application as an undetermined application for citizenship and process it accordingly.

1) Please can you advise what does the above mean in total laymen terms?

2) Please can you guide me to where I can exactly find this?

FYI: I have seen the quote in the following link: british-citizenship/adult-born-in-uk-ap ... 99965.html

Thank you in advance for your guidance.

Nish

[vinny]

1) Quoted and explained in Harding, R (on the application of) v Secretary of State for the Home Department [2017] EWHC 358 (Admin) (24 February 2017) > 60. ii)

2) Updated Guidance:

Applications involving persons previously given status in error
Where an individual has been registered whilst they were ineligible or has been wrongly issued with a British passport, certificate of entitlement to the right of abode they may have lost age or time related entitlements to citizenship. Providing that you are satisfied that the error was not the result of deception on the applicants part you must treat their original application as undetermined and process it accordingly.
This policy will only cover those individuals who would have had, but no longer have a route to registration under the British Nationality Act 1948 or the British Nationality Act 1981 and have been led to believe that they are British or have a right of abode in the UK. It does not apply where they still have a route to citizenship or where the applicant either did not qualify at the time of the grant or used deception in obtaining it or documents that were used to obtain citizenship.

Registering under (Example 5 – passport issued in error) Section 4L.

[Nish_b]

Thank you so much Vinny for your swift and helpful guidance.

So with guidance stated. If a person obtains their BC via this ruling, are they able to pass on their BC Status to their children?

Thanks again
Nish

[vinny]

It may depend on when they are deemed to be granted British citizenship by this provision.

[Nish_b]

Thank you again Vinny!