British Citizenship by Discretion (CBR post 1982)
#286
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.
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.
#288
Forum Regular


Joined: Feb 2023
Posts: 66

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.
#289
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.
#290
Just Joined
Joined: Jul 2024
Posts: 4

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.
Last edited by HGlossop; Jul 9th 2024 at 11:14 am.
#292
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Joined: Feb 2023
Posts: 66

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
#293
Just Joined
Joined: Jun 2024
Posts: 3

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.
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.
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)?
#294
Forum Regular


Joined: Oct 2022
Posts: 80

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.
#295
Forum Regular

Joined: Jul 2024
Posts: 30

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!!
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!!
#296
Forum Regular


Joined: Oct 2022
Posts: 80

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!!
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!!
#297
Forum Regular

Joined: Jul 2024
Posts: 30

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.
She did move back to England before I was born and her 2nd marriage was to an Englishman after I was born.
#298
Forum Regular


Joined: Feb 2023
Posts: 66

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!!
Thanks!!
#299
Forum Regular

Joined: Jul 2024
Posts: 30

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?
#300
Forum Regular


Joined: Feb 2023
Posts: 66

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?
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





