British Citizenship by Discretion (CBR post 1982)

Old Feb 24th 2024, 10:58 am
  #241  
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Default Re: British Citizenship by Discretion (CBR post 1982)

Hi Kelsey,

It all stemmed from right of abode, and they didn’t acknowledge that they could have become BOCs if it weren’t for gender discrimination (unsurprisingly). I doubt there will be a change in their stance unless successfully challenged in the courts, unfortunately.

I was tempted to submit another application arguing that they were now discriminated against because of their age (since the Home Office are allowing children under 18 to be registered if their parents applied on the basis of a female grandparent) but decided it wasn’t worth it.

Fingers crossed that there’s change in the future!


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Old Feb 24th 2024, 12:09 pm
  #242  
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by Theo808
any news?
I forgot to update this thread, I did actually get approval the week before Christmas.

i am however still waiting on my ceremony, which is taking surprisingly longer than I thought. I did get notified about 6 weeks after approval that my certificate is in the country, so really am hoping the ceremony will be any day now.
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Old Feb 24th 2024, 10:00 pm
  #243  
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Default Re: British Citizenship by Discretion (CBR post 1982)

Thanks carl_robson! This is extremely helpful. I was born in 1970, before the Imigration Act of 1971 required the Right of Abode. I'm interested in your thoughts as to if your friend had been born in 1970 if that would have made a difference?
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Old Feb 24th 2024, 10:04 pm
  #244  
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Default Re: British Citizenship by Discretion (CBR post 1982)

Unfortunately it won’t make a difference as it’ll be about right of abode in the context of the 1981 act, so you’d be treated in the same way as my friend. I wish I had better news to share, apologies!
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Old Feb 24th 2024, 11:04 pm
  #245  
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Default Re: British Citizenship by Discretion (CBR post 1982)

I'm not sure that is the case as I would have been registered at birth and a UK citizen in 1970. Then in 1971 when Right of Abode was established, I would already be a citizen and have ROA automatically. The provision states "A citizen of the United Kingdom and Colonies (CUKC) who was born, adopted, naturalised or registered in the UK or Islands." This was reconfirmed in the 1983 law. So unless they are picking and choosing which aspects to make retroactive, I think I may have a different case than your friend. Unless I am missing something completely?
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Old Feb 25th 2024, 8:49 am
  #246  
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Default Re: British Citizenship by Discretion (CBR post 1982)

The 1971 act provides ROA for individuals born in the UK, plus the children and grandchildren of such individuals. So if the relevant ancestor was your great grandparent (same as my friend), you wouldn’t be eligible.
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Old Mar 1st 2024, 6:43 am
  #247  
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Default Re: British Citizenship by Discretion (CBR post 1982)

Good morning everyone,
I finally got an email saying my application is now successful.it took them 15 months to make a decision. Is there anyone here from the US? I was told it can take up to 16 weeks for the ceremony invitation and can't really wait for this to be done. How long it took for you to get invited and where did you have to go for the ceremony, consulate, embassy ?
Thanks everyone in this thread. Thanks to you all I am now British
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Old Mar 1st 2024, 6:57 am
  #248  
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by xoomyto
Good morning everyone,
I finally got an email saying my application is now successful.it took them 15 months to make a decision. Is there anyone here from the US? I was told it can take up to 16 weeks for the ceremony invitation and can't really wait for this to be done. How long it took for you to get invited and where did you have to go for the ceremony, consulate, embassy ?
Thanks everyone in this thread. Thanks to you all I am now British
I'm in the US. My ceremony was at the closest consulate to me. It took about 12 weeks for them to invite me to a ceremony, and then I had to wait another month for the ceremony. The ceremony was ridiculous too... I thought it would be a little more, well, ceremonious, but the guy from the consulate just read the pledge for all of us and asked if we agreed to it and we all shrugged, nodded, said yes, and that was it. Very weird. I got a folder with my certificate and a little postcard telling me about the gov.uk website. Drove 10 hours roundtrip for like 10 minutes of awkwardness and a certificate. Hardly the "ethos and background relating to citizenship ceremonies is that new citizens are welcomed into their local community" that they told me it would be when I asked if I could just do it remotely, lol.

You're almost there!
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Old Mar 1st 2024, 7:28 am
  #249  
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Default Re: British Citizenship by Discretion (CBR post 1982)

I am going on nearly 11 weeks and still not invited to the ceremony (South Africa). I really don’t understand the delay, they really should have more ceremonies or send the certificates directly to the applicants or allow the applicants to collect, even if once a week only allowing collections.
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Old Mar 6th 2024, 12:58 am
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by Glassybell
I'm in the US. My ceremony was at the closest consulate to me. It took about 12 weeks for them to invite me to a ceremony, and then I had to wait another month for the ceremony. The ceremony was ridiculous too... I thought it would be a little more, well, ceremonious, but the guy from the consulate just read the pledge for all of us and asked if we agreed to it and we all shrugged, nodded, said yes, and that was it. Very weird. I got a folder with my certificate and a little postcard telling me about the gov.uk website. Drove 10 hours roundtrip for like 10 minutes of awkwardness and a certificate. Hardly the "ethos and background relating to citizenship ceremonies is that new citizens are welcomed into their local community" that they told me it would be when I asked if I could just do it remotely, lol.

You're almost there!
Sounds typical for an embassy ceremony unfortunately. The ones in the UK have a little more pomp and circumstance with the mayor and other dignitaries in attendance, singing of the National Anthem, etc...
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Old Mar 6th 2024, 6:22 pm
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by Glassybell
I'm in the US. My ceremony was at the closest consulate to me. It took about 12 weeks for them to invite me to a ceremony, and then I had to wait another month for the ceremony. The ceremony was ridiculous too... I thought it would be a little more, well, ceremonious, but the guy from the consulate just read the pledge for all of us and asked if we agreed to it and we all shrugged, nodded, said yes, and that was it. Very weird. I got a folder with my certificate and a little postcard telling me about the gov.uk website. Drove 10 hours roundtrip for like 10 minutes of awkwardness and a certificate. Hardly the "ethos and background relating to citizenship ceremonies is that new citizens are welcomed into their local community" that they told me it would be when I asked if I could just do it remotely, lol.

You're almost there!
In the US can you do your ceremony remote?
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Old Mar 6th 2024, 6:49 pm
  #252  
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by Tlk1677
In the US can you do your ceremony remote?
no. they allowed it during covid but not anymore for some annoying reason.
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Old Mar 19th 2024, 10:24 am
  #253  
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Default Re: British Citizenship by Discretion (CBR post 1982)

Thank you to those who have given the time to reply and share their knowledge. I too am looking to register for citizenship.

Any guidance or if someone has successfully achieved their citizenship with similar circumstances, please let me know. Looking at achieving this on my Paternal side:

Paternal Grandfather born in UK 1927, moved to South Africa 1948
Paternal Grandmother born in Egypt 1925, obtained a British passport which states British Citizen within, assuming through marriage.
Paternal grandparents married 1948 in South Africa

My Father born in South Africa 1958, obtained his first British passport in 1971. His current UK passport states British Citizen, assuming via decent.
My parents married in 1985.

I was born in South Africa 1986.

I have approached a consulting firm which states I have a case based on Section 4L where my parents could have made an application for British Nationality for you directly after your birth had your parents been married before 1983.

Did the consulate registration fall away after then? Would the South African sanctions at the time have affected this?

I feel that Example 20 in the "Registration as a British citizen in special circumstances" closely fits my situation other than I was born a lot later.

I would really like to know my odds of success before parting with a hefty chuck of change.
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Old Mar 19th 2024, 8:30 pm
  #254  
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by Craig_P
Thank you to those who have given the time to reply and share their knowledge. I too am looking to register for citizenship.

Any guidance or if someone has successfully achieved their citizenship with similar circumstances, please let me know. Looking at achieving this on my Paternal side:

Paternal Grandfather born in UK 1927, moved to South Africa 1948
Paternal Grandmother born in Egypt 1925, obtained a British passport which states British Citizen within, assuming through marriage.
Paternal grandparents married 1948 in South Africa

My Father born in South Africa 1958, obtained his first British passport in 1971. His current UK passport states British Citizen, assuming via decent.
My parents married in 1985.

I was born in South Africa 1986.

I have approached a consulting firm which states I have a case based on Section 4L where my parents could have made an application for British Nationality for you directly after your birth had your parents been married before 1983.

Did the consulate registration fall away after then? Would the South African sanctions at the time have affected this?

I feel that Example 20 in the "Registration as a British citizen in special circumstances" closely fits my situation other than I was born a lot later.

I would really like to know my odds of success before parting with a hefty chuck of change.
I'm very confused. Example 20 is "Woman married to a man with a British mother" - this doesn't sound like you. If anything your case sounds like example 21. I don't understand what unfairness or special circumstances you think you'd be eligible to apply because of. You can read the 1981 BNA as-enacted to see what it said when you were born.
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Old Mar 20th 2024, 5:07 am
  #255  
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Default Re: British Citizenship by Discretion (CBR post 1982)

Hello everyone,

Today I got my certificate and I am finally registered under section 4L. I have got question to ask. I do have 2 kids, one born in the UK and the other born here in the US. I know for the kid born in the US I have to apply for the registration but what about the one already born on the UK? Can anyone help me interpret the law below? It clearly says any child born in UK after parent is registered will be British citizen. Thanks everyone.

5.4 Children born to a parent registered under section 4C, 4G, 4H, 4I or 4L of the British Nationality Act 1981

Section 4C of the British Nationality Act 1981 allows those born abroad before 1 January 1983 to British mothers to be registered as a British citizen. Sections 4G, 4H and 4I are registration provisions for those who would have become British automatically if their parents had been married. Section 4L allows for a person to be registered if they would have been, or been able to become, a British citizen, but for historical legislative unfairness, an act or omission of a public authority, or exceptional circumstances relating to that person. Any child born in the UK after the parent is registered will be a British citizen, and a child born outside the UK may be able to register under section 3(2) or 3(5).

You must normally register a child if:
  • the child was born before the parent registered under one of the above sections
  • if the parent had registered before the child’s birth, the child would be a British citizen or have an entitlement to be registered under section 3(2) or 3(5)
  • where necessary both parents consent to the registration or any objections by the non- parent are ill founded
  • there is no reason to refuse on character grounds
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