Levels of decision making (accessible)
Updated 7 March 2024
© Crown copyright 2024
This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk.
Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.
This publication is available at https://www.gov.uk/government/publications/level-of-decision-making-nationality-procedure-guidance/levels-of-decision-making-accessible
Version 8.0
About this guidance
This guidance tells nationality caseworkers the authority levels for decisions on nationality applications. There is no legislation linked to this guidance.
The level at which an action is begun will be the level at which the consideration process begins. Therefore only the level of decision taking can be set. The grade referred to as decision maker refers to the minimum grade. Within nationality, senior caseworkers (SCW) are at Higher executive officer (HEO) level.
Contacts
If you have any questions about the guidance and your line manager or senior caseworker cannot help you or you think that the guidance has factual errors then email the Nationality Policy team.
If you notice any formatting errors in this guidance (broken links, spelling mistakes and so on) or have any comments about the layout or navigability of the guidance then you can email the Guidance Rules and Forms team.
Publication
Below is information on when this version of the guidance was published:
-
version 8.0
-
published for Home Office staff 5 March 2024
Changes from last version of this guidance
Update to the levels of decision-making from Senior Executive Officer to Deputy Director for nullity decisions to proceed on the basis that a registration or naturalisation was a nullity.
Automatic claims to British nationality
This page tells you who is responsible for considering and deciding claims to British nationality.
| Circumstances | Caseworker | Decision maker |
|---|---|---|
| Accepting or rejecting a claim | N/A | Executive officer (EO) |
| Minors of unmarried parents born on or after 1 July 2006. Accept or reject evidence of paternity (except birth certificate) | N/A | Senior caseworker (SCW) |
Registration of minors as British citizens: entitlement provisions
This page tells you who is responsible for considering and deciding whether a child has an entitlement to be registered as a British citizen under the British Nationality Act 1981.
| Circumstances | Caseworker | Decision maker |
|---|---|---|
| Refusal – deception, where a 10 year advisory period is proposed | Administrative Officer (AO) | Senior caseworker (SCW) |
| Section 1(3) grant/ refusal (in other cases) | AO | AO |
| Section 1(4) grant or refusal – no discretion involved | AO | AO |
| Section 1(4) grant or refusal discretion involved | AO | Executive officer (EO) |
| Section 3(2) grant or refusal – no discretion involved | AO | AO |
| Section 3(5) grant or refusal – no discretion involved | AO | AO |
| Section 3(2) grant or refusal – discretion involved | AO | EO |
| Section 3(5) grant or refusal – discretion involved | AO | EO |
| Section 3(5) invite re-declaration of application form where applicant/ parents are not in the UK/ qualifying territory on start date | AO | AO |
| Refusal on character | AO | SEO |
| Minors of unmarried parents born on or after 1 July 2006. Accept or reject evidence of paternity (except birth certificate) | AO | SCW |
| Refusal of a minor child of a serving or former member of HM forces | AO | Minister |
All applications in respect of allegedly stateless people are dealt with in a designated team.
Registration of minors: discretionary provisions
This page tells you who considers and decides applications to register children under the discretionary provisions of the British nationality Act 1981.
| Circumstances | Caseworker | Decision maker |
|---|---|---|
| Refusal on grounds of deception, where 10 year advisory period is proposed | Adminstrative Officer (AO) | Executive officer (EO) |
| Section 3(1) grant where minor adopted abroad – no reservations | AO | AO |
| Section 3(1) grant where minor adopted abroad – reservations exist | AO | EO |
| Section 3(1) refusal where minor adopted abroad | AO | EO |
| Section 3(1) grant or refusal where a parent objects to registration | AO | EO |
| Section 3(1) grant or refusal of Hong Kong ‘split families’ application | AO | EO |
| Section 3(1) child of unmarried parents whose father is a British citizen - grant | AO | AO |
| Section 3(1) child of unmarried parents whose father is a British citizen - refusal | AO | EO |
| Minors of unmarried parents, accept or reject evidence of paternity (except birth certificate) | AO | Senior caseworker (SCW) |
| Section 3(1) grant exceptionally | AO | EO |
| Section 3(1) grant if criteria are met | AO | AO |
| Section 3(1) refuse case on basis of impending prosecution | AO | AO |
| Section 3(1) refusal of WRS case | AO | SEO |
| Section 3(1) refusal of older teenagers (15+), spent over 10 years in UK | AO | SEO |
| Section 3(1) refusal on character | AO | SEO |
| Section 3(1) refusal in all other categories | AO | EO |
| Section 32 grant/ refusal in all other categories | SCW | SCW |
| Section 27(1) grant/ refusal in all other categories | SCW | SCW |
| Refusal of a minor child of a serving or former member of HM forces | AO | Minister |
| Proposal to grant when the minor does not have indefinite leave to remain (ILR) | AO | SCW |
All applications in respect of allegedly stateless people are dealt with in a designated team.
Registration of British nationals as British citizens
This pages tells you who considers and decides applications from other British nationals to register as British citizens under the British Nationality Act 1981.
| Circumstances | Caseworker | Decision maker |
|---|---|---|
| Refusal on grounds of deception, where a 10 year advisory period is proposed | Adminstrative officer (AO) | Senior caseworker (SCW) |
| Refusal, applicant’s children not of good character | AO | Senior executive officer (SEO) |
| Section 4(2) grant or refuse, no discretion involved | AO | AO |
| Section 4(2) grant, discretion used to waive excess absences of more than 450 days but not exceeding 730 days | AO | AO |
| Section 4(2) grant, discretion used to waive excess absences of more than 730 days but not more than 900 days | AO | Executive officer (EO) |
| Section 4(2) grant, discretion used to waive excess absences of more than 900 days | AO | SCW |
| Section 4(2) grant, discretion used to waive excess absences in the final 12 months of the qualifying period(QP) of more than 90 days but not more than 100 days | AO | AO |
| Section 4(2) grant, discretion used to waive excess absences in the final 12 months of the QP of more than 100 days but not more than 180 days | AO | AO |
| Section 4(2) grant, discretion used to waive excess absences of more than 180 days in the final 12 months of the QP where the residence requirements over the full 5 year QP are met | AO | SCW |
| Section 4(2) grant, discretion used to waive excess absences of more than 180 days in the final 12 months of the QP where the residence requirements over the full 5 year QP are not met | AO | SEO |
| Section 4(2) refusal, discretion not exercised in the applicant’s favour | AO | EO |
| Section 4(2) invite re-declaration of application form where applicant was not in UK on start date | AO | AO |
| Refusal on character where applicant is a minor | AO | SEO |
| Section 4(5) grant or refuse | SCW | SCW |
| Section 4A grant or refuse, no discretion involved | AO | AO |
| Section 4B grant | EO | EO |
| Section 4B refuse | EO | EO |
All applications under sections 4A and 4B are dealt with by designated caseworkers.
Other registration: sections 4C & 4F-I
This page tells you who considers and decides other types of applications to register as a British citizen under sections 4C & 4F-I of the British Nationality Act 1981.
| Circumstances | Caseworker | Decision maker |
|---|---|---|
| Grant | Administrative officer (AO) | AO |
| Refusal on grounds of deception where a 10 year advisory period is proposed | AO | Senior caseworker (SCW) |
| Refusal on character where applicant is a minor | AO | SEO |
| Refusal in all other cases | AO | Executive officer (EO) |
All applications under section 4C are dealt with by specially trained caseworkers.
Registration as a British citizen under section 4K, following registration as a BOTC under 17A or sections 17C-F
From 28 June 2022, indiviudals born outside an Overseas Territory before 1 January 1983 who would have become British Overseas Territories citizens (BOTCs) if women had been able to pass on citizenship in the same way as men at the time of their birth, will be able to register as a BOTC under section 17A.
Similarly, registration provisions have been introduced at sections 17C-F for people who would have become British overseas territories citizens automatically had their parents been married, or have an entitlement to registration.
People registered as a BOTC under those sections will also be able to register as a British citizen under the new section 4K at the same time if they wish. Applications, including the assessment of the customer’s potential eligibility for BOTC status and the corresponding recommendation to the Governor of the relevant Territory, should be considered as follows:
| Circumstances | Caseworker | Decision maker |
|---|---|---|
| Grant of BC status following confirmation from Governor that BOTC status has been granted – straight forward case | Administrative officer (AO) | AO |
| Grant on balance of probabilities due to incomplete evidence | AO | EO |
| Refuse – would not have had a claim to BOTC status | AO | Senior Caseworker (SCW) |
| 17C Refuse on good character grounds (would not have been eligible to be registered as a BOTC) | - | - |
| Refusal in all other cases | AO | Senior Caseworker (SCW) |
Where the Governor of the relevant Territory does not agree with the recommendation to register as a BOTC, please escalate case to a Senior Caseworker. If ipayment isn’t received for the BOTC application, cases need to be placed on hold/ escalated via the correct procedure until confirmation has been received from the Governor that they are happy to grant BOTC status.
Registration of adults as British Citizens in special circumstances
| Circumstances | Caseworker | Decision maker |
|---|---|---|
| Section 4L Grant or refusal | Executive officer (EO) | Senior executive officer (SEO) |
Registration of stateless (schedule 2)
This page tells you who considers and decides applications to register a person who would otherwise be stateless under schedule 2 of the British Nationality Act 1981.
| Circumstances | Caseworker | Decision maker |
|---|---|---|
| Paragraph 3 or 4, grant or refuse, no discretion involved | Administrative officer (AO) | AO |
| Paragraph 3 or 4, grant, discretion exercised in applicant’s favour | AO | AO |
| Paragraph 3 or 4 refusal no entitlement | AO | AO |
| Paragraph 3 or 4 refusal, discretion not exercised in applicants favour | AO | Executive officer (EO) |
| Paragraph 3 or 4 invite re-declaration of application form where the applicant is not in the UK/ British overseas territory on start date | AO | AO |
| Paragraph 5, grant or refuse | AO | EO |
| Refusal on the basis that child can reasonably acquire another nationality | EO | EO |
Naturalisation as a British citizen
This page tells you how considers and decides an application for naturalisation as a British citizen under section 6 of the British Nationality Act 1981.
| Circumstances | Caseworker | Decision maker |
|---|---|---|
| All requirements met, no discretion necessary | Administrative officer (AO) | AO |
| Grant, discretion used to waive excess absences of more than 450 (270) days but not more than 730 (450) days | AO | AO |
| Grant, discretion used to waive excess absences of more than 730 (450) days but not more than 900 (540) days | AO | Executive officer (EO) |
| Grant, discretion to waive excess absences of more than 900 (540) days | AO | Senior caseworker (SCW) |
| Grant, discretion to waive excess absences in the final 12 months of the qualifying period (QP) of more than 90 days, but not more than 100 days | AO | AO |
| Grant, discretion to waive excess absences in the final 12 months of the QP of more than 100 days but not more the 180 days | AO | EO |
| Grant, discretion to waive excess absences of more than 180 days in the final 12 months of the QP, where the residence requirements over the full 5 (3) year QP are met | AO | Senior caseworker (SCW) |
| Grant, discretion to waive excess absences of more than 180 days in the final 12 months of the QP, where the residence requirements over the full 5 (3) year QP are not met | AO | SEO |
| Grant or refusal where a section 6(1) applies on the basis of crown service alternative to normal residence requirements | SCW | SCW |
| Grant in other cases where discretion is exercised in the applicant’s favour in respect of any residence requirements | AO | AO |
| Grant or refuse where discretion is requested in respect of language requirements on the grounds of age (age over 65) | AO | AO |
| Grant or refuse where discretion is requested in respect of language requirements on the grounds of age (age under 65) | AO | SCW |
| Grant or refuse where discretion is requested in respect of the knowledge of language and life | AO | SCW |
| requirements on the grounds of physical and mental incapacity | ||
| Grant or refuse where discretion is requested in respect of the knowledge of life requirement on the grounds of age (age over 65) | AO | AO |
| Grant or refuse where discretion is requested in respect of the knowledge of life requirement on the grounds of age (age under 65) | AO | SCW |
| Grant or refuse where discretion is requested over requirement to have been in the UK at the start of the qualifying period | AO | SCW |
| Grant where an applicant has been released on licence following a life sentence | AO | Minister |
| Grant where discretion is exercised to exceptionally waive a single non custodial offence | AO | Chief caseworker |
| Refusal on the basis of impending prosecution | AO | EO |
| Refusal on deception, where a 10 year advisory period is proposed | AO | EO |
| Refusal, where an applicant’s children are not of good character | AO | SEO |
| Refusal on other character grounds | AO | EO |
| Grant or refusal where future intentions are in doubt | AO | EO |
| Grant where full capacity is in doubt | AO | EO |
| Refusal on full capacity | AO | SEO |
| Refusal where applicant fails to meet an unwaivable requirement – is not free from immigration time restrictions | AO | AO |
| Refusal where discretion not exercised over waivable requirement | AO | EO |
| Grant of an application from an undischarged bankrupt | AO | SCW |
| Refusal – applicant was not lawfully in UK in the qualifying period (still have power to look at this in certain circumstances) | EO | SEO |
| Where a decision is likely to attract public attention or press reaction | AO | SCW |
| Refusal of a serving or former member of HM forces, or their spouse or civil partner, where the Secretary of State has discretion over the unmet requirement (other than criminality) | AO | Minister |
| Refusal of a serving or former member of HM forces, or their spouse or civil partner on criminality grounds | AO | SCS |
| Refusal of an adult dependant of a serving or former member of HM forces | AO | SCS |
| Grant or refusal of a section 6(2) application where application made on grounds of British citizen spouse’s / civil partners Crown or designated service | EO | EO |
Renunciation
This page tells you who considers and decides whether to renounce British nationality, including under the Hong Kong (British Nationality) Order 1986.
| Circumstances | Caseworker | Decision maker |
|---|---|---|
| Registration, except where otherwise specified | Administrative officer (AO) | AO |
| Declaration unlikely to be registered within the time limit specified | AO | Executive officer (EO) |
| Registration where declaration is referred by an overseas post with all the relevant documents and information | AO | AO |
| Registration where applicant is not required to renounce in order to retain or acquire another nationality, but chooses to renounce | AO | AO |
| Applicant wrongly believes or claims that renunciation is necessary in order to retain or acquire another nationality | AO | EO |
| Registration where full capacity is in doubt | AO | EO |
| Refusal to register on full capacity | AO | Senior executive officer (SEO) |
| Refusal to register because other necessary requirements are not satisfied | AO | EO |
| Applicant has not acquired another citizenship, and the declaration is to be endorsed as void | EO | EO |
Resumption of British citizenship following renunciation of CUKC
This page tells you who considers and decides applications to resume British citizenship, where the applicant has previously renounce citizen of the UK and colonies (CUKC) status.
| Circumstances | Caseworker | Decision maker |
|---|---|---|
| Refusal on grounds of deception, where a 10 year advisory period is proposed | Administrative officer (AO) | Senior casework (SCW) |
| Refusal, applicant’s children are not of good character | AO | Senior executive officer (SEO) |
| Section 10(1) grant | Executive officer (EO) | EO |
| Section 10(1) or 10(2), full capacity in doubt | EO | EO |
| Section 10(1) or 10(2), refusal on full capacity | EO | SEO |
| Section 10(1) or 10(2), refusal, other statutory requirements not met | EO | EO |
| Section 10(2), grant, discretion exercised in applicant’s favour | EO | EO |
| Section 10(2), refusal, discretion not exercised in applicant’s favour on character grounds | EO | EO |
| Section 10(2), refusal, discretion not exercised on other grounds | EO | EO |
Resumption of British citizenship following renunciation
This pages tells you who considers and decides an application to reseume British citizenship, where the applicant has previously renounced British citizenship.
| Circumstances | Caseworker | Decision maker |
|---|---|---|
| Refusal, on grounds of deception, where a 10 year advisory period is proposed | Executive officer (EO) | Senior caseworker (SCW) |
| Refusal, applicant’s children not of good character | EO | Senior executive officer (SEO) |
| Section 13(1) grant | EO | EO |
| Section 13(3), refusal on character grounds | EO | EO |
| Section 13(1) or 13(2), full capacity in doubt | EO | EO |
| Section 13(1) or 13(2), refusal on full capacity | EO | SEO |
| Section 13(3), grant or refusal on grounds other than character | EO | EO |
Registration under the Hong Kong (War Wives and Widows) Act 1996
This page tells you who considers and decides an application to register as a British citizen under the Hong Kong (War Wives and Widows) Act 1996.
| Circumstances | Caseworker | Decision maker |
|---|---|---|
| Refusal on grounds of deception where a 10 year advisory period is proposed | Administrative officer (AO) | Senior caseworker (SCW) |
| Refusal, applicant’s children not of good character | AO | Senior executive officer (SEO) |
| Grant or refusal in all other cases | Executive officer (EO) | EO |
Registration under the British Nationality (Hong Kong) Act 1997
This page tells you who considers and decides an application to register as a British citizen under the British Nationality (Hong Kong) Act 1997.
| Circumstances | Caseworker | Decision maker |
|---|---|---|
| Grant | Administrative officer (AO) | AO |
| Refusal on grounds of deception where a 10 year advisory period is proposed | AO | Senior caseworker (SCW) |
| Refusal, applicant’s children not of good character | AO | Senior executive officer (SEO) |
| Refusal, not ordinarily resident in Hong Kong | AO | SCW |
| Refusal – minor applicant - character | AO | SEO |
| Refusal on other grounds | AO | SCW |
Deprivation / nullity
| Circumstances | Caseworker | Decision maker |
|---|---|---|
| Decision to recommend to ministers that an order should be made for the deprivation of citizenship | Executive officer (EO) | Deputy Director |
| Decision to proceed on the basis that a registration or naturalisation was a nullity | EO | Deputy Director |
Judicial review
This page tells you who considers and makes decisions on judicial revews relating to nationality decisions.
| Circumstances | Caseworker | Decision maker |
|---|---|---|
| A person who we have refused to naturalise or register seeks a judicial review of the decision, and a response needs to be decided | Senior caseworker | Senior executive officer |
Application for a certificate of entitlement to the right of abode
This page tells you who considers and decides an application for a certificate to the right of abode.
| Circumstances | Caseworker | Decision maker |
|---|---|---|
| Grant | Executive officer (EO) | EO |
| Refusal on the grounds that the applicant holds a current British citizen passport | EO | EO |
| Refusal of all other cases | EO | EO |
Other actions
This page tells you considers and makes decisions on other types of actions undertaken by Nationality operations.
| Circumstances | Caseworker | Decision maker |
|---|---|---|
| Decision to give priority consideration to an application | AO | Senior executive officer (SEO) |
| Referral of case to police for possible prosecution | AO | EO |
| Refusal after oath issued, other than on grounds of delay | SCW | SCW |
| Initial representations received, requesting refusal decision to be reconsidered - original decision made entirely by AO | EO | EO |
| Initial representations received, requesting refusal decision to be reconsidered - original decision authorised by EO or SCW | EO/SCW | SCW |
| Litigation received requesting reconsideration of the decision to refuse | SCW | SEO |
| Authorising completion of computer action where decision on entitlement application has been re- considered | SCW | SCW |
| Decision to invite a fresh application | SCW | SCW |
| Fee and fee refund queries | EO | EO |
| Agree or refuse to issue a duplicate certificate where the original is reported as lost in the post immediately after grant | AO | EO |
| Agree or refuse to issue a replacement certificate where details are incorrect | AO | EO |
| Issue of an amended certificate | AO | EO |
| Issue of a duplicate certificate | AO | EO |
| Missing post and compensation claims | AO/EO | SCW |
| Construal cases | N/A | SCW |
Applications that may acquire a high public profile must be referred to a senior caseworker or team leader immediately, regardless of whether the case is to be granted or refused.
Enquiries received from the press should be referred to the press office. A senior caseworker or team leader must be immediately notified of the enquiry.