2025 Applying for British Citizenship
 

Hi wonderful people!
Please can someone help me from beginning to end with applying for British citizenship.
I was born in 1968 in South Africa.
My mother was born in 1948 in South Africa. She has a British passport stating she is a British citizen which she got approximately 10 years ago.
My grandfather was born in United Kingdom in 1926.
My parents and grandparents were married at the time of our births.
Which form must I submit?
If my referees live in the UK do I need to post the referee forms to them with my photos or can it be done online?
What documentation should I send with my application?
Is it better to do the application via post or online?
Any help will be appreciated!!!! I have read so much that I am now overwhelmed and need someone to give me step by step advice. PLEASE!

Re: 2025 Applying for British Citizenship
 

How did you mother get British citizenship?

A British citizen who acquired citizenship by descent cannot normally pass British citizenship to their children born outside the UK.

If your mother obtained citizenship by descent, - if she became a British citizen because of a British parent (either by descent or by double descent), she may not automatically pass that citizenship to her own children if they are born abroad

Re: 2025 Applying for British Citizenship
 

- You need to submit Form ARD.
- Your referees will need to sign the declarations on your application form.
- If you live in South Africa then your referees can be South African citizens rather than British citizens.
- You will need to send your full birth certificate, your mother's full birth certificate, your parents' marriage certificate, your grandfather's full birth certificate and your grandparents' marriage certificate.
- You can only apply by post; there is no online option for Form ARD.

https://www.gov.uk/apply-citizenship...-circumstances

Re: 2025 Applying for British Citizenship
 

I'm sure you are correct ... but how does the OP get citizenship if his mother was born in South Africa and the OP was born in South Africa. Doesn't his mother come under British by descent status....?

Re: 2025 Applying for British Citizenship
 

You are both correct in saying that the OP's mother is British by descent but until 1983 children born in foreign countries to fathers who were CUKC by descent could still become CUKCs under Section 5(1)(b) of the British Nationality Act 1948 if their births were registered at a UK consulate within a year. As this right was denied to British mothers at the time, the OP can now apply to register as a British citizen under Section 4L of the British Nationality Act 1981 using Form ARD on the basis that they would have become a British citizen if not for "historical legislative unfairness", namely women not being treated the same as men at the time of their birth.

Notably gaining CUKC status like this was not available to children born in Commonwealth countries as these were not considered 'foreign', but since South Africa had left the Commonwealth by the time the OP was born then they would qualify. The application itself is free but the OP will need to pay £130 towards the cost of their citizenship ceremony. South Africa has now lifted the previous restrictions on dual nationality so applying for retention of South African citizenship beforehand is no longer necessary.

Re: 2025 Applying for British Citizenship
 

Many thanks..... can it get more complicated...? :blink:

Re: 2025 Applying for British Citizenship
 

That's actually a pretty simple Section 4L registration scenario! :lol:

If Tigs68 has any children then, depending on when they were born, they too may be eligible to be registered.

Re: 2025 Applying for British Citizenship
 

Thank you for your reply! Her father was British

Re: 2025 Applying for British Citizenship
 

Thank you BritInParis! Must I submit the legal documentation 4L with my application?
The reason I have been so confused is because I was told by a legal advisor that "I [size=0pt]have a claim to British Citizenship under Section 4C through your maternal grandfather" [/size]

Re: 2025 Applying for British Citizenship
 

A Section 4C application via Form UKM is not correct. That would apply if your mother had been born in the UK rather than your grandfather.

Re: 2025 Applying for British Citizenship
 

Thank you for confirming this!
Should I attached the legal document 4L when I apply?

Re: 2025 Applying for British Citizenship
 

You need to complete Form ARD and submit it together with your supporting documents.

Re: 2025 Applying for British Citizenship
 

BritInParis out of a matter of interest as clearly you are very knowledgeable!!
I followed a thread that you advised on "Re: Citizenship by Double Descent refused (mom born in Rhodesia)" why does this not apply in my scenario? The Romein case?
Another question is my mom was born a few months before the 1948 British Nationality Law was passed, surely she was automatically a British citizen because her father was born in the UK and she was born in SA which was a commonwealth country. My grandfather was serving in the Royal Navy at the time of her birth.
I apologize I don't mean to be annoying but I am curious...

PS. Under 1 ELIGIBILITY I have answered the following - is this correct? Please let me know if I need to amend anything
1.1.5 If you have ticked ‘Yes’ to 1.1, 1.2 or 1.3 above, please provide full details in the box below.You may find it helpful to give details of the category or legislation that you think you qualify under. It may also assist if you refer to the guidance and to historical background information on nationality: http://www.gov.uk/government/publica...information-on nationality.
Please provide as much detail as possible within this box.

"Until 1983 children born in foreign countries to fathers who were CUKC by descent could still become CUKCs under Section 5(1)(b) of the British Nationality Act 1948 if their births were registered at a UK consulate within a year.
* 5 Citizenship by descent -
(1) Subject to the provisions of this section, a person born after the commencement of this Act shall be a citizen of the United Kingdom and Colonies by descent if his father is a citizen of the United Kingdom and Colonies at the time of the birth:
Provided that if the father of such a person is a citizen of the United Kingdom and Colonies by descent only, that person shall not be a citizen of the United Kingdom and Colonies by virtue of this section unless—
(a ) that person is born or his father was born in a protectorate, protected state, mandated territory or trust territory or any place in a foreign country where by treaty, capitulation, grant, usage, sufferance, or other lawful means, His Majesty then has or had jurisdiction over British subjects ; or
(b) that person's birth having occurred in a place in a foreign country other than a place such as is mentioned in the last foregoing paragraph, the birth is registered at a United Kingdom consulate within a year
* The Home Office guidance on BNA 1948 5(1)(b states that: "Where you are considering whether a person who was born outside the UK between 1 January 1949 and 31 December 1982 (inclusive) to a British mother you must disregard the requirement that their birth must have been registered with a UK consulate in the 12 month period after their birth".
If not for gender discrimination, my mother would have been able to register me as a CUKC by descent under BNA 1948 5(1)(b).

Section 4L of the British Nationality Act 1981
4L Acquisition by registration: special circumstances
(1) If an application is made for a person of full age and capacity (“P”) to be registered as a British citizen, the Secretary of State may cause P to be registered as such a citizen if, in the Secretary of State’s opinion, P would have been, or would have been able to become, a British citizen but for—
(a) historical legislative unfairness,
(2) For the purposes of subsection (1)(a), “historical legislative unfairness” includes circumstances where P would have become, or would not have ceased to be, a British subject, a citizen of the United Kingdom and Colonies or a British citizen, if an Act of Parliament or subordinate legislation (within the meaning of the Interpretation Act 1978) had, for the purposes of determining a person’s nationality status—
(a)treated males and females equally,
(3) In subsection (1)(b), “public authority” means any public authority within the meaning of section 6 of the Human Rights Act 1998, other than a court or tribunal.
(4) In considering whether to grant an application under this section, the Secretary of State may take into account whether the applicant is of good character.)
On the basis that I would have become a British citizen if not for "historical legislative unfairness", namely women not being treated the same as men at the time of their birth.
Notably gaining CUKC status like this was not available to children born in Commonwealth countries as these were not considered 'foreign', but since South Africa had left the Commonwealth by the time I was born then I would qualify if women had been able to pass on nationality in the same way as men, I could have become a British subject through consular registration."

Re: 2025 Applying for British Citizenship
 

When we were discussing that case, Section 4L was not yet on the statute books. Now that it is, it's the most appropriate option for you. See Example 12 for further explanation.

Your mother would have become a CUKC by descent on 1 January 1949 thanks to her father's birth in the UK. She wouldn't been able to automatically pass this onto you however as she was both a women and a CUKC by descent. Consular birth registration leading to citizenship under Section 5(1)(b) would have been an option had she been a man however hence why Section 4L registration is open to you now.

Ensure you have ticked the following boxes:

1.1: Yes
1.2: No
1.3: No
1.4 (a): No
1.4 (b): Yes

For 1.5, try the following:

Re: 2025 Applying for British Citizenship
 

Good day everyone especially BritInParis who was extremelt helpful!!!
My application was successful!!!! THANK YOU!!!
This is the reply I received "Thank you for your application for British Citizenship under Section 4L of the British Nationality Act 1981.

Section 4L guidance states that “This provision is not intended to be an alternative to meeting the requirements for naturalisation or registration under another route.”

Although you have applied for registration under section 4L, I have determined that you meet the requirement under section 4C of the British Nationality Act 1981 .

The 4C guidance states (on guide UKM) that you would meet the requirement under this section if:

• you mother was at the time of your birth, a citizen of the United Kingdom and colonies

Therefore, you application has been assessed under Section 4C instead of 4L."
My brother is now going to do his application and I am not sure if he should go the ARD route or the UKM route based on the HO response as he has 2 children a 16yr old daughter and 21yr son.
And should he apply for them at the same time he applies?
I would value your advise!!!