What is confirmation of British nationality status?

Confirmation of British nationality status is an application, made on form NS, asking UK Visas and Immigration for a written opinion that you already hold British nationality. It is for people who want to establish their status for a purpose other than getting a British passport. The decision is made on the balance of probabilities.

How confirmation of status works

The guide for form NS is for people who believe they have a claim to British nationality and want confirmation of that status for a reason other than applying for a passport. If you want a British passport, you make a passport application to HM Passport Office, which considers whether you have a claim to British nationality.^{[2]UK Visas and Immigration, Form NS: guidance (accessible version)}

If you want to establish your status for another purpose, you can apply for a nationality status letter. UK Visas and Immigration (UKVI) decides, on the balance of probabilities, whether the person making the claim holds British nationality. The decision is a written opinion. The guide says whether you have British nationality can only be decided conclusively by the courts.^{[2]UK Visas and Immigration, Form NS: guidance (accessible version)}

You can apply online if you do not live in the Channel Islands, the Isle of Man or a British overseas territory. If you live elsewhere, you can apply by post, which takes longer than applying online.^{[1]UK Visas and Immigration, Apply for confirmation of British nationality status (form NS)}

What the application looks at

The guide says British nationality is defined in law. Whether a person has a claim is worked out by applying the British Nationality Act 1981 and related legislation to the facts of their date and place of birth and descent.^{[2]UK Visas and Immigration, Form NS: guidance (accessible version)} The guide focuses on British citizenship. It lists six forms of British nationality that exist now. See types of British nationality.^{[2]UK Visas and Immigration, Form NS: guidance (accessible version)}

The guide gives this short summary of automatic claims.^{[2]UK Visas and Immigration, Form NS: guidance (accessible version)}

The guide also says that citizenship by descent cannot be “upgraded” to citizenship otherwise than by descent. It explains that before 1 January 1983 only a father could pass on citizenship of the UK and Colonies, and only if he was married to the child’s mother. From 1 January 1983 men (if married to the mother) and women could pass on British citizenship. From 1 July 2006 an unmarried British father could too.^{[2]UK Visas and Immigration, Form NS: guidance (accessible version)}

Evidence, fee and decision

You must have a clear idea of why, in law, you believe you are a British citizen, and give enough evidence. You must supply documents about the ancestors you rely on, including evidence of marriage and registration as citizens. The evidence must date from around the time the events took place. If you cannot provide the standard documents, UKVI decides on the balance of probabilities.^{[2]UK Visas and Immigration, Form NS: guidance (accessible version)}

The fee for confirmation of status as a British citizen is £489.^{[3]UK Visas and Immigration, Fees for citizenship applications and the right of abode} The fees page lists a separate application for confirmation of non-acquisition of British citizenship, also at £489.^{[3]UK Visas and Immigration, Fees for citizenship applications and the right of abode}

After you apply, UKVI acknowledges receipt of your fee. A trained nationality caseworker considers the application. If UKVI recognises a claim to British citizenship, it writes to tell you. If it does not agree, it writes to tell you why and, if appropriate, how to reapply with more convincing evidence. Further applications need a new fee. There is no right of appeal or review of the decision.^{[2]UK Visas and Immigration, Form NS: guidance (accessible version)}

The Windrush Scheme has its own form. There is no charge for applications under it.^{[2]UK Visas and Immigration, Form NS: guidance (accessible version)}

Example

Naledi was born abroad in 1975. She believes her father was a British citizen born in the UK, but she has never held a British passport. She does not need a passport. She needs a letter confirming her status for a different purpose.

She applies on form NS, pays £489 and sends her father’s birth certificate and her parents’ marriage certificate. UKVI replies with a written opinion. If the opinion is that her claim is not accepted, the letter explains why and the fee is retained. She would need to pay a new fee to apply again with stronger evidence.

What people get wrong

Form NS does not lead to a passport. If you want a British passport you must make a passport application, and HM Passport Office will consider whether you have a claim to British nationality. Form NS is for people who want to establish their status for another purpose.

The guide sets out this split in its introduction.^{[2]UK Visas and Immigration, Form NS: guidance (accessible version)}

A second point is review. The guide says there is no right of appeal or review of the decision. If the claim is not accepted, the fee is retained, and a further request needs a new fee.^{[2]UK Visas and Immigration, Form NS: guidance (accessible version)}

The bottom line

Confirmation of British nationality status is a written opinion from UKVI on whether you already hold British nationality. You apply on form NS and pay £489. The test is the balance of probabilities and the evidence must go back through your family history. There is no appeal or review. It is not a passport application, and only the courts can decide nationality conclusively.