Good afternoon

I believe i am just about ready to submit my application.

If someone could please assist me with a couple things, it would be greatly appreciated.

Would you recommend I submit my children's MN1 forms at the same time as my application or rather wait until I receive approval?

Could I also ask that my argument/support get looked at and let me know if there are any changes that should be made or extra information to include... I'm not very good with words so I've tried to get something together based on the posts and guidance that has been posted on this thread, I get more confused the more I read through everything.

My Family's details are as follows
Grandfather: Born in UK 12 November 1931
Grandmother: Born in Umtali (Zim) 31 May 1937
Married: 4 September 1956

Mother: born in Mutare (Zim) on 2 April 1957 – currently has a British citizenship by decent now, but her child passport stated - British subject: citizen of the United Kingdom and Colonies

father: born in SA on 26 Dec 1960
married: 16 June 1984

I was born in SA on 26 Jan 1986

The argument....

My mother born in Mutare (Zimbabwe) on 2nd April 1957, to a British father, is a British Citizen by descent. I was born in South Africa in 1986.
Section 9 of the British Nationality Act 1981 was a transitional provision that lasted for 5 years after the act came into force on 1 January 1983. It continued the acquisition of citizenship by decent to a second generation, where a childs birth was registered at a British consulate in a foreign country. A man who was British by decent could register his child's birth at a consulate within 12 months of the birth, and the child would become a British Citizen.


therefor, If not for historical legislative unfairness (gender discrimination), my mother would have been able to register me under section 9 of BNA 1981 because:
1. I was born in 1986 in South Africa to a mother who was a British citizen by descent.(South Africa was treated as a foreign country between 31 May 1962 to 25 July 1994 inclusive)
2. I was born during BNA 1981's transitional period for consular birth registrations (1983-1987). (Section 9 of BNA 1981)
3. My mother was a British citizen by descent born in Mutare (Zimbabwe/Rhodesia.)
4. My maternal grandfather was born in the United Kingdom in the meaning used in BNA 1981 (birth within the United Kingdom and Islands)
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 grandfather 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 was a CUKC by descent (Section 5 of the 1948 Act)
• My mother was married to my father (although whether or not they were married is immaterial as it is also historical legislative unfairness)
• My mother was 'ordinarly resident' in a foreign country under the meaning of the 1948 Act (USA is a foreign country under the act).
• My mother became a British Citizen on commencement of BNA 1981 (CUKCs by descent with a father born in the UK became British Citizens on commencement by section 11(1) of BNA 1981).

I would really appreciate any help or advice

thank you

Hello,

So I can't offer advice on how you should proceed, but I can tell you that my niece and nephew's solicitor requested a certified copy of my sister's certificate of registration under section 4L. I can also share this link for you to read: British Citizenship for Children under British Nationality Law (bic-immigration.com)

thank you, I’ve checked through the attached and they meet 100% of the criteria. We currently in the uk, on an ancestral visa so already have 2 years under the belt, but if they required the certificate of registration then I’m assuming I’d apply after approval. Thanks for the response x

It's all very exciting but we've yet to hear from 4L parents who were successful in applying for their kids. It's been 4+ months post biometrics for my niece and nephew. Sable have confirmed they've received many approvals for that type of application, and we have no reason to doubt them as they've successfully represented 4 adults in our extended family in 4L/ARD applications, so far. I think BIC immigration and another firm out of S.Africa have also reported successful MN1 applications.

Will keep you posted.

Good luck with your application/s.

A quick update for anyone interested- My application was received on the 25th of June and my ceremony fee of 130 GBP was deducted today. No request for the full registration fee yet

You are correct however S.4C has been effectively made redundant by S.4L as the latter grants British citizenship otherwise than by descent unlike S.4C which only grants British citizenship by descent.

I would provide the UK certificate as the US certificate is likely null and void if they were already legally married.

1. You can sent photocopies of the relevant passport bio-data pages however any certificates you send should be the originals.

2. You should be able to register your children as British citizens under S.3(1) using Form MN1.

Nothing wrong with your logic but your argument could be a little more concise. Try the following:

Quote:

My maternal grandfather was born in the United Kingdom on 12 November 1931. As such he was a natural-born British subject under S.1(1)(a) of the British Nationality and Status of Aliens Act 1914 and subsequently become a Citizen of the United Kingdom and Colonies under S.12(1)(a) British Nationality Act 1948 with the commencement of said act on 1 January 1949. My mother was born in South Africa on 2 April 1957 and therefore was automatically a CUKC by descent under S.5(1) BNA 1948 and subsequently became a British citizen by descent under S.11(1) and Section 14(2)(a) of the British Nationality Act 1981 with the commencement of said act on 1 January 1983.

Had the law treated males and females equally at the time of my birth in South Africa on 26 January 1986 then my mother would have been able to register my birth at a British consulate within a year of my birth thereby making me a British citizen by descent under S.9(1) BNA 1981.

You will need to wait until you are registered before you can register your children under S.3(1) however I would probably wait until they have lived in the UK for three years and then register them under S.3(5) to ensure they receive British citizenship otherwise than by descent.

The relevant guidance can be found here (bolded for my emphasis): Registration as British citizen - children.docx (publishing.service.gov.uk)

As S.4L grants British citizenship otherwise than by descent then any child born to a parent registered under S.4L should be eligible to be registered providing they are still under 18 and they meet the other requirements.

That's a good point.

Thank you for your other reassuring post regarding children born to 4L parents. Hopefully the kids will receive their approvals soon.

thank you so much for this BritInParis. I really appreciate the assistance.

Thanks for this! I submitted around the same time so hopefully biometrics won't be long now!

I will, thank you!

Hi! Hope you are all doing very well
I'm concerned that I may have lost the ceremony invitation in the spam folder!
Applied 28 feb 2024
Biometrics 6 march 2024
HO asking about my las 5 years adress 6 march 2024

no news from H.O after that date
I Applied from overseas (south America) under S9 BNA

Can anyone please tellme what e-mail and subject the H.O used to let you know your application was approved?

Thank you for all the support and knowledge shared here