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British Citizenship by Discretion (CBR post 1982)

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Old Jul 9th 2024 | 10:09 am
  #286  
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by HGlossop
Hello all - this thread is fantastic - thanks to everyone sharing your expertise! I (born in the US in 1970) am planning to submit a claim for citizenship, and am hoping to get your insight - is it is an issue that my maternal grandfather, born in England in 1920, emigrated to the US as a child, married, and had my mother in 1943 (prior to the 1948 law)?

From my read, unless he renounced his British citizenship prior to 1948 (which he did not), then in 1948 by virtue of having been born in England, he would have become a CUKC, and hence my mother, born in a foreign nation to a UK born citizen, a CUKC by descent? I wasn't sure what proof if any I needed to show that he retained his British citizenship prior to BNA 1948 - thoughts? I don't have any green cards, passports, etc for him - just his British birth certificate.
Your logic seems sound. His birth certificate should suffice providing it lists his parents’ details.
 
Old Jul 9th 2024 | 10:11 am
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by BritInParis
Your logic seems sound. His birth certificate should suffice providing it lists his parents’ details.
Wonderful - thank you!
 
Old Jul 9th 2024 | 10:36 am
  #288  
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Default Re: British Citizenship by Discretion (CBR post 1982)

Are you applying under s.4L/ARD? Because it sounds like a Romein / s.4C form UKM claim, doesn't it? I'm not sure, maybe BritInParis can confirm.
 
Old Jul 9th 2024 | 11:08 am
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by MOUK
Are you applying under s.4L/ARD? Because it sounds like a Romein / s.4C form UKM claim, doesn't it? I'm not sure, maybe BritInParis can confirm.
The claim is via a UK-born maternal grandfather so it should be a S.4L application using Form ARD.
 
Old Jul 9th 2024 | 11:12 am
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by MOUK
Are you applying under s.4L/ARD? Because it sounds like a Romein / s.4C form UKM claim, doesn't it? I'm not sure, maybe BritInParis can confirm.
I was thinking ARD simply bc it provides ctizenship by other than descent but I'm still absorbing what it all means! I did originally start working through UKM but got tripped up at the question about what nationality my Grandfather was when my mother was born, since dual nationality wasn't an option and at the time (1943) he was in a US Army uniform fighting in WWII. As I understand it though he officially nationalized in the US after 1948 (making him a dual citizen I think), so I wasn't sure how to respond to that question.

Last edited by HGlossop; Jul 9th 2024 at 11:14 am.
 
Old Jul 9th 2024 | 11:16 am
  #291  
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by BritInParis
The claim is via a UK-born maternal grandfather so it should be a S.4L application using Form ARD.
Thank you so much to you both!
 
Old Jul 9th 2024 | 11:31 am
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by BritInParis
The claim is via a UK-born maternal grandfather so it should be a S.4L application using Form ARD.
Hi BritInParis,

I was under the impression that the 2018 supreme court judgment in the Romein case created a route for people born before 1983, with a UK born maternal grandfather, and that those people have been applying under s.4C using form UKM ever since. But I wasn't sure, and so I tagged you.

Good luck HGlossop
 
Old Jul 9th 2024 | 7:25 pm
  #293  
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by BritInParis
That’s a very interesting question. As you say, you should be eligible to be registered under S.4L BNA 1981 as your mother was unable to register your birth within 12 months under S.9 BNA 1981 due to historical legislative unfairness, i.e. gender discrimination.

That your mother had another potential route to register you as a British citizen under S.3(2) BNA 1981 due to her previous residence in the UK, I think, can be disregarded as S.4L does not require the applicant to have exercised other potential routes. Also from a pragmatic standpoint the Home Office is not going to be aware that your mother spent three years in the UK prior to your birth.

As your application is relatively straightforward and the only outlay would be the ceremony fee of £110 should your application be approved, I would forego the expense of legal advice.
Hi BritInParis ,

I have one follow-up question to a case I presented a few weeks ago.

After collecting the required documents for the ARD form, I found that my parents have two marriage certificates (one in the UK and one in the United States) - they were married twice (without ever being divorced). I had not known about the UK marriage before last week, but they said their extended families both insisted on holding a wedding, so they went through with two ceremonies. The first marriage ceremony was in the UK (where they stopped on their way to the States from mainland Europe) and the second was in the United States.

My question is, do I need to provide both marriage certificates for the ARD form (and if I only need to provide one, which should I choose)?
 
Old Jul 10th 2024 | 8:12 am
  #294  
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by HGlossop
I was thinking ARD simply bc it provides ctizenship by other than descent but I'm still absorbing what it all means! I did originally start working through UKM but got tripped up at the question about what nationality my Grandfather was when my mother was born, since dual nationality wasn't an option and at the time (1943) he was in a US Army uniform fighting in WWII. As I understand it though he officially nationalized in the US after 1948 (making him a dual citizen I think), so I wasn't sure how to respond to that question.
There are people who have used UKM in your situation. They started doing so after the Romein decision and it seems some still are instead of using ARD There is a long timeline/experience thread on a different forum and if you browse through you can find example of this - usually people mark their comment as doing a UKM/Romein application. Here are the results for a search of the word Romein in the thread. It looks like successful apps were done recently: https://www.immigrationboards.com/se...125&sf=msgonly.
 
Old Jul 14th 2024 | 11:29 am
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Default Re: British Citizenship by Discretion (CBR post 1982)

This thread has been amazingly helpful. Thank you to everyone that has posted so that I am at a point of confidence and direction to submit.
I am going to be submitting an ARD form application under 4L due to historical gender unfairness.
My maternal grandmother was born in London 1926, served in Royal Air Force and met my grandfather and married in England. They moved to the US and then had my mom in 1947. I was born in the 70s in US and still live in US.
1st question: I plan on sending notarized photo copies of passport pages, birth certificates for grandmother amd mother. Is there an issue with sending notarized copies? I want to hold my passport for biometrics and in case of travel. Also do you think I need to send any marriage certificates?
2nd question: If I am successful I will be a citizen otherwise by descent and from what I understand could pass citizenship to 1 generation. I have 2 children under the age of 16. Do I have to register them (and which form and fee?) Or can I just apply for their passports?
Thanks!!
 
Old Jul 14th 2024 | 2:08 pm
  #296  
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by Goldfishfancydance
This thread has been amazingly helpful. Thank you to everyone that has posted so that I am at a point of confidence and direction to submit.
I am going to be submitting an ARD form application under 4L due to historical gender unfairness.
My maternal grandmother was born in London 1926, served in Royal Air Force and met my grandfather and married in England. They moved to the US and then had my mom in 1947. I was born in the 70s in US and still live in US.
1st question: I plan on sending notarized photo copies of passport pages, birth certificates for grandmother amd mother. Is there an issue with sending notarized copies? I want to hold my passport for biometrics and in case of travel. Also do you think I need to send any marriage certificates?
2nd question: If I am successful I will be a citizen otherwise by descent and from what I understand could pass citizenship to 1 generation. I have 2 children under the age of 16. Do I have to register them (and which form and fee?) Or can I just apply for their passports?
Thanks!!
Was grandmother's husband not British? If he was British, you could just do form UKM, which is easier. You would be citizen by descent though. I'm not sure if people who should use UKM can use ARD.
 
Old Jul 14th 2024 | 8:29 pm
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Default Re: British Citizenship by Discretion (CBR post 1982)

My grandfather was American. He was stationed in England for the war where she was stationed and that is how they met.
She did move back to England before I was born and her 2nd marriage was to an Englishman after I was born.
 
Old Jul 14th 2024 | 8:52 pm
  #298  
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by Goldfishfancydance
2nd question: If I am successful I will be a citizen otherwise by descent and from what I understand could pass citizenship to 1 generation. I have 2 children under the age of 16. Do I have to register them (and which form and fee?) Or can I just apply for their passports?
Thanks!!
They'll need to be registered before they turn 18. My niece and nephew are going through the process (their mum, my sister: Citizen under section 4L). They applied using form MN1/section 3(1). I will share the outcome here.
 
Old Jul 15th 2024 | 7:44 am
  #299  
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by MOUK
They'll need to be registered before they turn 18. My niece and nephew are going through the process (their mum, my sister: Citizen under section 4L). They applied using form MN1/section 3(1). I will share the outcome here.
So I will need to make the case for them that had I been given citizenship at birth they would have been able to become citizens at birth also? Section 2(1)(a) of the British Nationality Act 1981 says that the parent should be a citizen at the time of their child's birth. In essence, is being British Otherwise than Descent become retroactive as if I was British at birth and therefore also British at their birth?
 
Old Jul 15th 2024 | 8:04 am
  #300  
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by Goldfishfancydance
So I will need to make the case for them that had I been given citizenship at birth they would have been able to become citizens at birth also? Section 2(1)(a) of the British Nationality Act 1981 says that the parent should be a citizen at the time of their child's birth. In essence, is being British Otherwise than Descent become retroactive as if I was British at birth and therefore also British at their birth?
I honestly don't know what the solicitor's argument included. Like I said, we know it was a form MN1/S. 3(1) application, based on a concession from the HO that may be withdrawn in the future.

Follow Sable International, Breytenbachs bic-immigration and their social media accounts, or just ask them for advice. They're some of the best.

Hope that helps.

Last edited by MOUK; Jul 15th 2024 at 8:05 am. Reason: spelling
 


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