Section 65 Guidance

Since the Immigration Act 2014 came into existence earlier on in the year, there has been a lot of debate around how section 65 of the Act is going to be applied. Immigration lawyers need wonder no more, as the government has now issued guidance on how section 65 is to be applied in practice.

Section 65 of the Immigration Act 2014 essentially ‘fills the gap’ for children born prior to 2006 to fathers who are British Citizens, but who were/are not married to the child’s mother.

The Section 65 guidance provides a registration route for certain circumstances that were previously unclear. For example:

  • Those who would have become a British Citizen automatically under the 1981 Act if their parents had been married
  • Those who would be entitled to register under the previous 1981 Act but for the fact that their parents are unmarried

There is a requirement to prove paternity of the applicant via the standard legal requirements for this purpose, i.e. the father must have been named on the birth certificate of the child within a year of their birth, or provide “other evidence” to prove paternity, including a DNA test or relevant Court Order.

As the Immigration Act 2014 is being implemented in phases, section 65 has not yet come into play, although the guidance issued is sure to be helpful for those considering their options for registration.

To read the full guidance issued by the government on Section 65, please click here.