Question to the Ministry of Justice:

To ask His Majesty's Government what consideration they have given to including the legal registration rights of adults to be registered as British citizens under the British Nationality Act 1981 within the scope of civil legal aid.

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) sets out the matters in scope of legal aid and the eligibility criteria, and seeks to ensure that legal aid is available to those most in need.

The rights of adults to be registered as British citizens under the British Nationality Act 1981 is not within scope of legal aid. Where an issue falls outside the scope of legal aid, individuals can apply for Exceptional Case Funding (ECF). ECF will be granted if, without legal aid, there is a risk that the person’s human rights may be breached. ECF applications are determined by the Legal Aid Agency on a case-by-case basis.

Legal aid is available for separated migrant children for applications for registration as a British citizen or British subject, and for immigration applications for entry clearance, leave to enter, or to remain in the United Kingdom. This provision is available due to the particular vulnerability of this cohort, subject to means and merits testing as applicable.

We regularly engage with other government departments to understand the impact of their policies on immigration legal aid and consider taking action to expand the scope of legal aid where needed.