On 24 May 2023, the Home Office introduced the British Nationality (Regularisation of Past Practice) Bill in the House of Commons.

This Bill follows a recent High Court judgment that determined whether a person born in the UK prior to 2 October 2000 to an EU citizen parent exercising free movement rights in the UK would automatically be British. Prior to this judgment, the Home Office’s policy was that such persons would be considered British. However, the Home Office paused their policy following this judgment. You can read more about this case here.

The new Bill proposes to amend the law to confirm the status of people born in the UK to EU citizens between 1 January 1983 and 1 October 2000 as British nationals. While this has been the position of the Home Office for decades, this will now be confirmed in legislation.

The Home Office has indicated that if you are British on the basis of having had an EU citizen parent and never had a British passport, you can apply for a passport once the legislation has passed. Where those affected have already been issued with a British passport, the Home Office’s position is that it will continue to recognise their status and renew their passport ordinarily.

This is welcome news for those affected, as the Bill should protect peoples’ citizenship and the right to obtain a British passport.

A Home Office factsheet with further information about the Bill can be found here.