British Citizenship by Discretion (CBR post 1982)
#166
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Joined: Oct 2022
Posts: 80


#167
Just Joined
Joined: Sep 2023
Posts: 18
From: US

Hi again Glassybell, I had a couple of questions for you after reading some old posts. I know that you mentioned my g-grandmother losing her citizenship upon marriage, and I thought I remembered a post where your grandma married an American. Was their marriage post-1948? Since your application was accepted, I would be very curious for my own application. The other question was about your saying that you thought I should only have to pay the ceremony fee. I assumed that my right would be through registration, rather than automatic. Would you mind helping me understand that? Congratulations on your citizenship! You have to feel amazing.
#168
Forum Regular


Joined: Oct 2022
Posts: 80

Hi again Glassybell, I had a couple of questions for you after reading some old posts. I know that you mentioned my g-grandmother losing her citizenship upon marriage, and I thought I remembered a post where your grandma married an American. Was their marriage post-1948? Since your application was accepted, I would be very curious for my own application. The other question was about your saying that you thought I should only have to pay the ceremony fee. I assumed that my right would be through registration, rather than automatic. Would you mind helping me understand that? Congratulations on your citizenship! You have to feel amazing. 
I also had thought I didn't have an automatic claim but this forum set me straight on that. The key was that had my mom been able to do a consulate birth registration for me, it was not the same as "Registering" for citizenship - it was just letting the consulate know I exist, so the claim was automatic. I did find some fee schedules and definitions on a UK government website that backed that up too, but can't for the life of me remember where or find them now. If you do have a similar claim as I did, then I would assume you just would pay the ceremony fee, but if your case is more complicated and relies on different legislation, then I don't know.
Here is a helpful guide about the citizenship laws over time: https://www.gov.uk/government/public...on-nationality. It's not really in-depth on everything, but it does tell you relevant legislation that you can then look up online - the UK has it all posted.
#169
Just Joined
Joined: Sep 2023
Posts: 18
From: US

Glassybell, thank you so much! That is so much helpful information. I definitely know now that I need more research and help before I send my form in. I want it to succeed. Thank you again!
#170
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Joined: Oct 2022
Posts: 80

Also, of the same law, Part I, 1(1)(a)(i) says that "Any person born out of His Majesty's dominions whose father was, at the time of that person's birth, a British subject, and who fulfils any of the following conditions, that is to say, if either—(i)his father was born within His Majesty's allegiance." You could theoretically argue if your g-grandmother hadn't lost citizenship upon marrying an alien, and if this section hadn't discriminated by only allowing fathers to pass on subjecthood, then your grandmother would have been a citizen.
If all the above is right and the HO buys it, you'd have to then check if grandmother would have "lost" her theoretical UK citizenship when she also married her American husband and argue why it was discriminatory. Then you're up to the 1948 BNA Section 5: https://www.legislation.gov.uk/ukpga...tion/5/enacted for your mom's birth and yours.
The 1981 BNA section 4C has a stipulation about right of abode though that I think you would run into and it might cause a problem: https://www.legislation.gov.uk/ukpga...tion/2/enacted. I'm not sure how to deal with that.
Again, I'm just reading legislation and theorizing - I do not really know what I'm talking about and my experience is my only frame of reference and I'm only pointing out places in the laws that might be relevant to you. Good luck!
Last edited by Glassybell; Sep 15th 2023 at 9:37 am.
#171
Just Joined
Joined: Sep 2023
Posts: 18
From: US

Glassybell, you are so good at this! Okay, as far as the loss of citizenship by my gg - in my packet, I have laid out a very similar argument to what you describe, mentioning the sexism in the laws that meant that if my gg's brother had been in the same exact situation, his wife (and children) would be British (which, did actually happen and he had to naturalize). I wrote a side by side comparison, mentioning any life or citizenship law event year by year, with one side for a man, the other for a woman and what happened to the person, with each relevant section of the law (of the time) tied to the event. (I hope that makes sense). So, on to the Right of Abode, I *thought* what the 1971 law laid out was a right to CUKCs, whose grandfather (or nearer) had the right. (But maybe I was misinterpreting that.) If that was that case, my grandmother should have had the right (under non-sexist legislation), as she was considered a natural-born British subject by the 1914 law in place at the time of her birth 1921 (if the law had been equal). Am I reading all of that wishfully, instead of logically?
#172
Forum Regular


Joined: Oct 2022
Posts: 80

Glassybell, you are so good at this! Okay, as far as the loss of citizenship by my gg - in my packet, I have laid out a very similar argument to what you describe, mentioning the sexism in the laws that meant that if my gg's brother had been in the same exact situation, his wife (and children) would be British (which, did actually happen and he had to naturalize). I wrote a side by side comparison, mentioning any life or citizenship law event year by year, with one side for a man, the other for a woman and what happened to the person, with each relevant section of the law (of the time) tied to the event. (I hope that makes sense). So, on to the Right of Abode, I *thought* what the 1971 law laid out was a right to CUKCs, whose grandfather (or nearer) had the right. (But maybe I was misinterpreting that.) If that was that case, my grandmother should have had the right (under non-sexist legislation), as she was considered a natural-born British subject by the 1914 law in place at the time of her birth 1921 (if the law had been equal). Am I reading all of that wishfully, instead of logically?
This implies that is the case: "Now this is where the paternal grandmother's birth [which was in the UK] becomes quite important. Because it is a UK grandparent who can give the Right of Abode to those who are Citizens of the United Kingdom and Colonies, as our gentleman was" https://www.sableinternational.com/b...riple-descent-). This says "normally" it comes from a grandparent born in the UK/Ireland: https://www.whatpassport.com/countri...y_post_1982%29. It seems like, if the general basis of your application is sound, that your mom could have a claim but I'm not sure if you can because of right of abode. But again, I'm not an expert! There are some on this forum so I do hope they chime in.
If you don't get a definitive no from anyone about right of abode, I'd still apply and pay just the 80 pounds for the ceremony fee and see what happens. They refund that if it's not successful.
Last edited by Glassybell; Sep 15th 2023 at 11:14 am.
#173
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Joined: Oct 2022
Posts: 80

Oh wait, I'm a dope. I was looking at the original 1971 Act, when I think you need to use either what was in force in 1983 or now, not sure. Page 6 of that guide implies it wouldn't matter about your grandparent, etc. So yeah, you definitely need someone (not me!) who understands right of abode to help you here! 
I think this is the version you would go by: https://www.legislation.gov.uk/ukpga/1981/61/section/39

I think this is the version you would go by: https://www.legislation.gov.uk/ukpga/1981/61/section/39
Last edited by Glassybell; Sep 15th 2023 at 11:23 am.
#174
Just Joined
Joined: Dec 2022
Posts: 19

Glassybell Your mother should be able to apply, as she has ROA via her grandmother, but there’s a good chance the Home Office will reject your application. My friends submitted theirs on the same basis a year ago and are still waiting to hear back! Their mother (whose grandmother was born in the UK) was successful, however.
My friends (and you) were subject to gender discrimination but would have become British Overseas Citizens in 1983 as you wouldn’t have been CUKCs with ROA.
The optimist in me in saying the Home Office are debating their case though, and there’s still a chance they’ll be approved. I will keep you updated!
My friends (and you) were subject to gender discrimination but would have become British Overseas Citizens in 1983 as you wouldn’t have been CUKCs with ROA.
The optimist in me in saying the Home Office are debating their case though, and there’s still a chance they’ll be approved. I will keep you updated!
#175
Forum Regular


Joined: Oct 2022
Posts: 80

Glassybell Your mother should be able to apply, as she has ROA via her grandmother, but there’s a good chance the Home Office will reject your application. My friends submitted theirs on the same basis a year ago and are still waiting to hear back! Their mother (whose grandmother was born in the UK) was successful, however.
My friends (and you) were subject to gender discrimination but would have become British Overseas Citizens in 1983 as you wouldn’t have been CUKCs with ROA.
The optimist in me in saying the Home Office are debating their case though, and there’s still a chance they’ll be approved. I will keep you updated!
My friends (and you) were subject to gender discrimination but would have become British Overseas Citizens in 1983 as you wouldn’t have been CUKCs with ROA.
The optimist in me in saying the Home Office are debating their case though, and there’s still a chance they’ll be approved. I will keep you updated!
#176
Just Joined
Joined: Nov 2022
Posts: 12

Did you get any further with your application? We just hit the 6 month mark since submitting. Nothing further yet. If anyone else is in a similar boat or has been recently, would love to hear what your experiences are at this stage. Submitted biometrics in early June.
Thanks guys.
#177
Just Joined
Joined: Dec 2022
Posts: 9

HI Snowy45
Did you get any further with your application? We just hit the 6 month mark since submitting. Nothing further yet. If anyone else is in a similar boat or has been recently, would love to hear what your experiences are at this stage. Submitted biometrics in early June.
Thanks guys.
Did you get any further with your application? We just hit the 6 month mark since submitting. Nothing further yet. If anyone else is in a similar boat or has been recently, would love to hear what your experiences are at this stage. Submitted biometrics in early June.
Thanks guys.
#178
Forum Regular


Joined: Oct 2022
Posts: 80

HI Snowy45
Did you get any further with your application? We just hit the 6 month mark since submitting. Nothing further yet. If anyone else is in a similar boat or has been recently, would love to hear what your experiences are at this stage. Submitted biometrics in early June.
Thanks guys.
Did you get any further with your application? We just hit the 6 month mark since submitting. Nothing further yet. If anyone else is in a similar boat or has been recently, would love to hear what your experiences are at this stage. Submitted biometrics in early June.
Thanks guys.
#179
Just Joined

Joined: Nov 2018
Posts: 21

What is the email address that people outside of the UK have used to get into contact in regard to citizenship applications already lodged with UKVI?
I read on the Gov.UK website that I can request return of a passport without the application process being cancelled or withdrawn. Is [email protected] the right place to start? Or am I best off telephoning?
I read on the Gov.UK website that I can request return of a passport without the application process being cancelled or withdrawn. Is [email protected] the right place to start? Or am I best off telephoning?
#180
Forum Regular


Joined: Oct 2022
Posts: 80

What is the email address that people outside of the UK have used to get into contact in regard to citizenship applications already lodged with UKVI?
I read on the Gov.UK website that I can request return of a passport without the application process being cancelled or withdrawn. Is [email protected] the right place to start? Or am I best off telephoning?
I read on the Gov.UK website that I can request return of a passport without the application process being cancelled or withdrawn. Is [email protected] the right place to start? Or am I best off telephoning?



