Sooty

Anyone meet these criteria? I do, and I'm looking for others who do.
The problem we've got is that we're not allowed to live in the UK. If we'd been born after 1961 we could. Also, if we were citizens of a commonweath country and had British grandparents we would be allowed to live in the UK.
If anyone's in the same boat as me, please post or send me an e-mail or message.

JAJ

For clarity this only refers to those born outside the United Kingdom and its Territories, and where there is no scope to claim British nationality from the father. The cut-off date is 8 February 1961.

The Highly Skilled Migrant Program may assist some people: http://www.ukvisas.gov.uk

Alternatively, if there is a possibility to claim nationality by descent of another EEA state or Switzerland this will open up options to migrate to the UK. Some of these countries, such as the Republic of Ireland, allow nationality to be claimed based on grandparents (the UK normally does not).

And less commonly, if there's a possibility to get citizenship of a Commonwealth country (eg Canada) through descent or naturalisation, this opens up the Ancestry Visa if still available under the law at the time.

Sooty

Thanks JAJ. I didn't realise when I posted that I'd left out all those variables. Another poster a year or so ago mentioned the possibility of applying for a passport, getting refused for being born before 1961, and then challenging the law. I think you were of the opinion that wouldn't have much of a chance, and I tend to agree. However, I think it might be possible to try and get an MP to propose an ammendment to remove the birthdate cutoff. I don't believe there would be a massive influx of 55 year olds flooding into the UK if the ammendment passed--so there's not a lot at stake. In any case, the law is just not on. It amounts to age discrimination-- any way you slice it.

JAJ

Those from Commonwealth countries (other than South Africa and Pakistan) with UK born mothers usually have Right of Abode, even if born before 1961. So they can come to the UK freely and become naturalised British in due course. As can anyone from the Republic of Ireland (another place with a few people from pre-1961 who could benefit).

The countries which contain significant numbers that could benefit from a change to the 1961 cut-off are:

- the U.S.
- South Africa. The issue with South Africa is that it wasn't a Commonwealth country on 1.1.83 so there is no eligibility for Right of Abode, although South Africans are eligible for the ancestry visa.

Basically in order to change the law, an amendment to the British Nationality Act would be required. I'm not a lawyer but a legal challenge would likely be an uphill battle when a statute gives a date in black and white - the judiciary is there to *interpret* the law, not act as an alternative, unelected legislature.

The political problem is that this is not the only anomaly in citizenship law, either in the UK or elsewhere. There would be more chance of getting an amendment to a more general Bill revising the British Nationality Act, rather than something specifically dedicated to this.

The date of 8 February 1961 comes from the fact that the original Home Office announcement to the effect that discretionary registration would henceforth be allowed for overseas born children (aged under 18) of British mothers was made on 8 February 1979.

No-one aged 18+ on that date was able to benefit from this concession (Merlyn Rees was Home Secretary then) and hence when the 2002 amendment was made, they effectively re-opened the arrangement on the exact same basis as had been done in 1979.