Originally Posted by ARheeder (Post 13207096)

My mother has her British citizenship, she acquired it through her mother (decent), but only recently (2019).
My parents moved to South Africa in 1980. My father was South African by decent, and my mother applied for neutralization.
Could my father apply for citizenship through my mother?

Thank you so much, for taking the time to help.

Originally Posted by jmin (Post 13207672)

You are eligible to register as a British citizen using the 4L route (historical legislative unfairness/gender discrimination). Once you are a British citizen, any child born to you after registration will be a British citizen by descent. Minor children born before the registration are eligible for registration using section 3(1) because 4L is listed in the caseworker guidance for 3(1) registrations. Do you know how specifically your mother became a british citizen in 2019? It does not appear the she is by descent but would instead have registered using UKM/4C (which proves gender discrimination and is useful to mention in your own application). Did she register using Form UKM? (It is a section 4C registration). It would be useful to know to insert into your claim below.

Claim: If not for historical legislative unfairness/gender discrimination my mother could have registered me under BNA 1981 Section 9 (consular birth registration). I am therefore eligible to register as a British Citizen due to the recent changes in British Nationality Law (Section 4L of BNA 1981 which came into force on 28 June 2022).

1. I was born in 1983 in South Africa. (South Africa is a foreign country under the act from 31 May 1962 to 25 July 1994, important to include this here for the examiner because section 9 registrations require birth in a foreign country under the meaning of the act - many countries are not considered 'foreign' countries).
2. I was born during BNA 1981's transitional period for consular birth registrations (1983-1987). (Section 9 of BNA 1981)
3. My mother, born in Southern Rhodesia in 1960, could have been a British citizen by descent if not for gender discrimination (if this was a UKM/4C registration put 'she subsequently acquired British citizenship after my birth in 2019 because the law changed to address this historical legislative unfairness through section 4C'). Specifically, if not for gender discrimination she could have been a British citizen because her mother (my maternal grandmother) was born in the UK in 1934.
4. My maternal grandmother was born in the United Kingdom in the meaning used in BNA 1981 (birth within the United Kingdom and Islands - specifically where so the examiner understands you mean UK as in England/Scotland/Wales/NI)
5. I would have had the right of abode under the test set out in section 9(1)(b) of BNA 1981 because my maternal grandmother was born in the United Kingdom (Immigration Act of 1971 section 2(1)(b)(ii)).
6. I satisfy the test in section 9(2) of BNA 1981 because:

• Immediately before the commencement of BNA 1981 my mother could have been a CUKC by descent if not for historical legislative unfairness/gender discrimination (Section 5 of the 1948 Act) Note: If she did register using Form UKM/4C mention it but regardless section 9 only applied to fathers so gender discrimination that your mother could not make use of when you were born in 1983).
• My mother married my father in 1979 and remained married when I was born in 1983 (although whether or not they were married at the time of my birth is immaterial as it is also historical legislative unfairness)
• My mother was 'ordinarily resident' in a foreign country under the meaning of the 1948 Act (South Africa is a foreign country under the act from 31 May 1962 to 25 July 1994 and my mother became ordinarily resident in South Africa in 1980).
• My mother would have become a British Citizen on commencement of BNA 1981 if not for historical legislative unfairness/gender discrimination (CUKCs by descent with a parent born in the UK became British Citizens on commencement by section 11(1) of BNA 1981).

Originally Posted by ARheeder (Post 13207735)

Originally Posted by Minimum_Watch1238 (Post 13207171)

Thank you very much for taking the time to respond. Very helpful!

Appreciate that we are going to need to show that the case is "exceptional" and that the issue was at the Home Office.

We have done as you suggest and made the FOI request as well as requesting my father's naturalisation file from the Home Office.

We should receive a response to both of these within 20 BDs. We will let you know once we receive a response and if this strengthens our case in any material way.

Originally Posted by jmin (Post 13207739)

I am happy to help. It is a relatively straightforward claim and I hope that, if approved, the citizenship makes a difference in your life. Keep us updated with the application progress.

As for your father, the Home Office is apparently not approving 4L marriage arguments. Perhaps that will change in the future as it is also a historical unfairness. Your father might have a claim through another route, though. Please provide me with the year and place of birth for your father’s paternal and maternal grandparents (I can start with just place of birth but year would be helpful if you know). Also if his grandparents were married at the time of your fathers parents births.

Originally Posted by ARheeder (Post 13208069)

Would a sibling born before 1 Jan 1983 also have a 4L claim, or is pre 1983 a different claim.

Again, thanks a million!

Originally Posted by jmin (Post 13208119)

When and where was your sibling born? The sibling likely has a route through UKM/4C so once I have the sibling's details I will give you a claim the sibling can use.

It will take me a bit longer to come back to you about your father. Since the grandfather left South Africa before 1949 he would have retained British subject status and then gained CUKC status. Did your father or his father spend a substantial amount of time in the UK before 1983? I need investigate this a bit further.

Originally Posted by Glassybell (Post 13152292)

Thank you all! I've done a lot of reading the past couple days and I now understand why my claim is automatic. I really appreciate your help.

I'm wondering if someone could glance at the claim I've written up for my case. I modeled it on what has been posted here for other people but tailored it to my case. I just want to make sure it's sound. I have a longer narrative version too that I will print and attach to my application, but I want to use this shorter one for the handwritten section in 1.5. Thanks in advance!

Claim: If not for historical legislative unfairness/gender discrimination my mother could have registered me at birth as a British citizen by descent under Section 5(1)(b) of the 1948 British Nationality Act (consular birth registration). I am therefore now eligible to register as a British citizen due to the recent changes in to BNA 1981, specifically Section 4L and Section 4C(3D), as well as Section 4C (1), (2), (3), (3A), and (4) of the BNA 1981.

1. I was born in 1976 in a foreign country (USA).

2. I was born during the period of consular birth registrations for foreign births (Section 5(1)(b) of the BNA 1948).

3. My maternal grandmother was born in the United Kingdom in the meaning used in the BNA 1981 (birth within the United Kingdom and Islands – specifically England).

4. My mother, born in a foreign country (USA) in 1955, could have been a British citizen by descent if not for historical legislative unfairness/gender discrimination. Specifically, if not for gender discrimination she could have been a British citizen by descent because her mother (my maternal grandmother) was a British citizen born in England in 1923 (Section 5(1) of the BNA 1948).

5. If not for historical legislative unfairness/gender discrimination (Section 5(1)(b) of the 1948 Act), my mother could have registered my birth with the UK consulate making me a British citizen by descent when I was born in 1976; Section 4C(3D) of the BNA 1981 specifies that the requirement of consular birth registration in Section 5(1)(b) of the 1948 Act “is to be ignored.

6. I would have had the right of abode under the test set out in section 4C(4) of the BNA 1981 because:

• my maternal grandmother was born in the United Kingdom (England) (Immigration Act of 1971 section 2(1)(b)(ii))
• if not for historical legislative unfairness/gender discrimination (Section 5(1) of the 1948 Act), my mother could have been a CUKC by descent through her mother and would have been a CUKC by descent at my birth in 1976 (Immigration Act of 1971 section 2(1)(b)).
• if not for historical legislative unfairness/gender discrimination (Section 5(1)(b) of the 1948 Act), my mother could have registered by birth with the UK consulate making me a CUKC by descent when I was born in 1976; Section 4C(3D) of the BNA 1981 specifies that the requirement of consular birth registration in Section 5(1)(b) of the 1948 Act “is to be ignored.”
• if not for historical legislative unfairness/gender discrimination (Section 5(1)(b) of the 1948 Act), I would have been a CUKC by descent in 1976, born to a CUKC by descent (mother), who was born to a CUKC (maternal grandmother) and I would have had right of abode immediately before 1st January 1983.

Originally Posted by thepollyannasociety (Post 13215416)

Thank you to everyone for all of your great posts on this topic! I have my Form ARD ready to send, but I'm still super nervous that I'm not reading the laws correctly and want to run it by you.

• My g-grandma born in England in 1896 (British Subj).
• Family immigrated to the US in 1904.
• She and her parents never naturalized as Americans.
• She married an American in the US in 1917.
• Her daughter, my grandma, born in the US in 1921.
• My mom born in the US in 1951.
• Me: born in the US in 1969.

I get that this is one generation more than is usually discussed, which is where I'm worried. But, as I read it, my GG and Grandma would have both been considered "natural-born British Subjects" under the BNSAA 1914 (if not for gender discrimination in the law). Additionally, it also looks to me like under the BNA 1948 (law of the times of our births) grandma, mom, and I could have all been registered if not for gender inequality in the law, anyway, since I don't see a limit on generational registration before 1981.

Is this correct? Or do I save my $1,500?

Thank you!