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British Citizenship by Discretion (CBR post 1982)

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Old Aug 8th 2024 | 11:53 am
  #316  
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by Theo808
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
Mine had the subject: Registration application [case number] [my name]. It took just over seven months from biometrics to getting that email.
 
Old Aug 9th 2024 | 6:30 am
  #317  
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Default Re: British Citizenship by Discretion (CBR post 1982)

Hey everybody!

I'm busy working on my Form ARD application, I've decided to try to apply for citizenship without the help of a lawyer as I don't think I've got that much $ to spare at the moment. I have a bunch of questions and was hoping maybe somebody would have some words to answer them and calm my anxiety about it all.

First off here at the family facts:

My maternal grandmother was born in Sept 22nd1926 in the UK (Manchester specifically)
My maternal grandmother married my grandfather (US Citizen) on June 22nd 1946 in Manchester England
They moved to the united states together shortly after the wedding (no exact date yet)
My mother was born in the United States on Sept 6th 1949
My grandmother was NOT a naturalized US citizen when my mother was born
At some point in the 1960s or 70s my grandmother naturalized
I was born June 30th 1981 in the United States

Thanks to glassybell, whose situation is incredibly similar to mine but with slight changes in dates, I was able to put together this claim

Claim: If not for historical legislative unfairness/gender discrimination my mother could have registered me at birth as a British citizen by descent under Section 5(1)(b) of the 1948 British Nationality Act (consular birth registration). I am therefore now eligible to register as a British citizen due to the recent changes in to BNA 1981, specifically Section 4L and Section 4C(3D), as well as Section 4C (1), (2), (3), (3A), and (4) of the BNA 1981.

1. I was born in 1981 in a foreign country (USA).

2. I was born during the period of consular birth registrations for foreign births (Section 5(1)(b) of the BNA 1948).

3. My maternal grandmother was born in the United Kingdom in the meaning used in the BNA 1981 (birth within the United Kingdom and Islands – specifically England).

4. My mother, born in a foreign country (USA) in 1949, could have been a British citizen by descent if not for historical legislative unfairness/gender discrimination. Specifically, if not for gender discrimination she could have been a British citizen by descent because her mother (my maternal grandmother) was a British citizen born in England in 1926 (Section 5(1) of the BNA 1948).

5. If not for historical legislative unfairness/gender discrimination (Section 5(1)(b) of the 1948 Act), my mother could have registered my birth with the UK consulate making me a British citizen by descent when I was born in 1981; Section 4C(3D) of the BNA 1981 specifies that the requirement of consular birth registration in Section 5(1)(b) of the 1948 Act “is to be ignored.

6. I would have had the right of abode under the test set out in section 4C(4) of the BNA 1981 because:

my maternal grandmother was born in the United Kingdom (England) (Immigration Act of 1971 section 2(1)(b)(ii))
if not for historical legislative unfairness/gender discrimination (Section 5(1) of the 1948 Act), my mother could have been a CUKC by descent through her mother and would have been a CUKC by descent at my birth in 1981 (Immigration Act of 1971 section 2(1)(b)).
if not for historical legislative unfairness/gender discrimination (Section 5(1)(b) of the 1948 Act), my mother could have registered by birth with the UK consulate making me a CUKC by descent when I was born in 1981; Section 4C(3D) of the BNA 1981 specifies that the requirement of consular birth registration in Section 5(1)(b) of the 1948 Act “is to be ignored.”
if not for historical legislative unfairness/gender discrimination (Section 5(1)(b) of the 1948 Act), I would have been a CUKC by descent in 1981, born to a CUKC by descent (mother), who was born to a CUKC (maternal grandmother) and I would have had right of abode immediately before 1st January 1983.
Now for my questions:

FORM ARD questions-
Should be NO on 1.4a and YES on 1.4b, it's my understanding this means I would only owe the ceremony fees.
Should I be writing the exact claim as posted above by hand in box 1.5?
It is my understanding that I may use two US Citizens for my Referees as I live in the US not the UK, is this correct?

Assorted application questions-
I have had a notary make a certified copy of my passport including all pages, will this be viewed as acceptable?
I have been unable to locate my Nana's passport or green card, but I did find a 1950's US census document through an ancestry site that shows my Nana and mother living in the same house and in the section "IS A US CITIZEN" it says no for my nana. Is this worth including?
Is it actually the case I simply print out this strange paper payment form and write my credit card information by hand? It looks like I would owe 130 GBP for ceremony only.

The documents I believe I need to send along with the application as originals and cannot send copies-
Maternal grandmothers birth certificate (on order from the GRO)
Maternal grandmothers marriage certificate, due to name change (on order from the GRO)
Mothers birth certificate
Mothers marriage certificate
My own birth certificate


My only remaining question that I'm hoping somebody may be able to help me with. What in the world should the cover letter say? Should it be an expression of WHY I am seeking UK citizenship? Should it include as well the legal argument that I wrote by hand in section 1.5? It's a bit unclear to me what exactly I should put in it or what it should even look like.

Once my documents arrive I planned on including it all and mailing it off. If anybody has any sage wisdom or answers to those questions, I am all ears. I'm a bundle of nerves about it all.

Thanks so much to Glassybell as well for replying to me in a different thread and directing me here. As well as posting their claim which I was able to modify pretty easily as our cases seem to be very similar.

This forum has been so wonderful by the way, so thanks to everybody here.

Last edited by bbianco; Aug 9th 2024 at 7:39 am.
 
Old Aug 18th 2024 | 8:28 pm
  #318  
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by BritInParis
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.
Good morning,

The applications have been approved. Being under 18 they're not required to attend a ceremony, so they're now waiting for their certificates and once delivered, they'll apply for their British passports.

Reminder of some details:
-Parent's grandmother born in the UK.
-Parent's mother registered under section 4C.
-Parent registered under section 4L.
-Children registered under section 3(1)


Good luck to those waiting for approvals.
 
Old Aug 18th 2024 | 10:15 pm
  #319  
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by MOUK
Good morning,

The applications have been approved. Being under 18 they're not required to attend a ceremony, so they're now waiting for their certificates and once delivered, they'll apply for their British passports.

Reminder of some details:
-Parent's grandmother born in the UK.
-Parent's mother registered under section 4C.
-Parent registered under section 4L.
-Children registered under section 3(1)


Good luck to those waiting for approvals.
Hi! Thanks for the update.

Could you confirm which form you filled out for your childrens registration and cost? And approximately how long it took for the applications to be approved?

 
Old Aug 18th 2024 | 10:34 pm
  #320  
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by MellySA
Hi! Thanks for the update.

Could you confirm which form you filled out for your childrens registration and cost? And approximately how long it took for the applications to be approved?
Hello,

My niece and nephew were represented by Sable, and they submitted two MN1 forms. My sister paid approx. GBP 2,428 for both, in government fees.

The application took approx. 6 months from application date, and 5 months from biometrics.

They applied from overseas.
 
Old Aug 18th 2024 | 10:40 pm
  #321  
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by MOUK
Hello,

My niece and nephew were represented by Sable, and they submitted two MN1 forms. My sister paid approx. GBP 2,428 for both, in government fees.

The application took approx. 6 months from application date, and 5 months from biometrics.

They applied from overseas.
Ah that's interesting that they applied from overseas, which means they did not have at least 3 years residency as ive seen some say is needed.
 
Old Aug 18th 2024 | 10:46 pm
  #322  
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by MellySA
Ah that's interesting that they applied from overseas, which means they did not have at least 3 years residency as ive seen some say is needed.
They haven't been to the UK, ever. They'll enter the UK as British citizens, which is awesome.

Their mum, section 4L citizen, never resided in the UK either.
 
Old Aug 26th 2024 | 4:36 am
  #323  
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by MOUK
Hello,

My niece and nephew were represented by Sable, and they submitted two MN1 forms. My sister paid approx. GBP 2,428 for both, in government fees.

The application took approx. 6 months from application date, and 5 months from biometrics.

They applied from overseas.
Hello, I'd like to attempt the same for my children. Was there a specific representative at Sable you could recommend? I'm feeling this might be too much to do alone.
 
Old Aug 26th 2024 | 7:12 am
  #324  
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by aggiegrl
Hello, I'd like to attempt the same for my children. Was there a specific representative at Sable you could recommend? I'm feeling this might be too much to do alone.
Hi, I'm really sorry - MOUK has very kindly shared the names, but we can't allow the full names/details of a third party to be put on a public forum without their permission. Please contact each other privately instead, thanks for understanding.

Last edited by christmasoompa; Aug 26th 2024 at 9:24 am.
 
Old Aug 26th 2024 | 9:13 am
  #325  
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by christmasoompa
Hi, I'm really MOUK has very kindly shared the names, but we can't allow the full names/details of a third party to be put on a public forum without their permission. Please contact each other privately instead, thanks for understanding.
Understood, and that's fair. I did just message aggiegrl . I'd just like to point out, that the details I shared are publicly listed on their website word for word, with photos. So it wasn't any private info.

But I do understand, it's forum rules.
 
Old Aug 26th 2024 | 9:26 am
  #326  
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by MOUK
Understood, and that's fair. I did just message aggiegrl . I'd just like to point out, that the details I shared are publicly listed on their website word for word, with photos. So it wasn't any private info.

But I do understand, it's forum rules.
They will have given permission for their names to be on that website - it's just because it's a third party that hasn't consented to their name being out there via us. Thanks for understanding and for messaging instead. 😊

 
Old Aug 30th 2024 | 12:06 am
  #327  
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by MOUK
They haven't been to the UK, ever. They'll enter the UK as British citizens, which is awesome.

Their mum, section 4L citizen, never resided in the UK either.
This is exciting! Do you know the justification they used? I was wondering if I could use the justification I used for ARD for myself and then add why the kids should be able to get their citizenship from me. Also, since they will be using the same documents to verify eligibility, I was wondering if I could send in their applications together in one package. I have 2 kids, 12 and 13 years old.
 
Old Aug 30th 2024 | 1:37 am
  #328  
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by Goldfishfancydance
This is exciting! Do you know the justification they used? I was wondering if I could use the justification I used for ARD for myself and then add why the kids should be able to get their citizenship from me. Also, since they will be using the same documents to verify eligibility, I was wondering if I could send in their applications together in one package. I have 2 kids, 12 and 13 years old.
It is, and their certificates were quickly delivered to their solicitor in London. They're now preparing their passport applications.

We didn't get to see/read any reasoning they may have included. If you scroll back a page or two, you'll find a link to the guidance on children of section 4L parents, posted by BritInParis.

I can't advise you on what to send, but I can tell you that my sister sent their solicitor the following:

-Certified copies of her children's Jordanian passports(ID page)
-Her children's birth certificates.
-2 original copies of her marriage certificate.
-2 original copies of her birth certificate
-2 original copies of their dad's birth certificate.
-2 certified copies of her certificate of registration as a British citizen.

They did their biometrics together and received their approvals and certificates together. Also, no request for further information was made.
 
Old Aug 30th 2024 | 7:20 pm
  #329  
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by xoomyto
Good morning everyone,
So today I got this email that says :
( Dear



I refer to your application for British citizenship under section 4L.

The appropriate fee is £1206.00

The amount we have received is £80.00 Therefore we need a further £1126.00. In order to continue with your application.

As you would have qualified for registration under Section 9 of the British Nationality Act 1981 or naturalisation but for legislative unfairness, an act or omission of a public authority or exceptional circumstances, you will still need to pay an application fee to register under this route, as well as a ceremony fee. This registration fee will cost £1206.00 and fees are payable in accordance with The Immigration and Nationality (Fees) Regulations 2018. Please see the payment slip attached for you to return to the address provided within the slip.

As noted above a further payment of £1126.00 is required.)

So grandad born in UK 1906, dad born outside UK in the 50s but registered as British citizen in the 70s. I was born overseas in 1987. I did apply using ARD form. It looks like they don't want to process my application as I applied where I just have to pay 80 they want me to pay 1206. Does anyone know why? Will my children be able to become British as well ?

Also it's worth mentioning that in ARD form I told them my dad went to British embassy in 1988 to register me but consulate people declined my dad's request. I was dad's first newborn and my father had plans to go UK and live there and because of that we didn't all go UK. Will my siblings be able to apply for British citizenship as well ?

Thanks lovely people !

Hi all - resurrecting this post as I received a similar email this morning from UKVI requesting an additional fee for my s4L application.

I’ll be going back to query this with UKVI as my understanding is that the ceremony fee of £80 is all that is required, but wanted to share it on this forum in case anyone else receives such an email.

—

I refer to your application for British citizenship.

The appropriate fee is £1431.00

The amount we have received is £80.00 Therefore we need a further £1,351.00 In order to continue with your client’s application.

This is because you would have qualified for registration under Section 9 of the British Nationality Act 1981 or naturalisation but for legislative unfairness, an act or omission of a public authority or exceptional circumstances, therefore you will still need to pay an application fee to register under this route, as well as a ceremony fee. This registration fee is £1351.00 and fees are payable in accordance with The Immigration and Nationality (Fees) Regulations 2018. Please see the payment slip attached for you to return to the address provided within the slip.
 
Old Aug 30th 2024 | 8:36 pm
  #330  
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by MOUK
It is, and their certificates were quickly delivered to their solicitor in London. They're now preparing their passport applications.

We didn't get to see/read any reasoning they may have included. If you scroll back a page or two, you'll find a link to the guidance on children of section 4L parents, posted by BritInParis.

I can't advise you on what to send, but I can tell you that my sister sent their solicitor the following:

-Certified copies of her children's Jordanian passports(ID page)
-Her children's birth certificates.
-2 original copies of her marriage certificate.
-2 original copies of her birth certificate
-2 original copies of their dad's birth certificate.
-2 certified copies of her certificate of registration as a British citizen.

They did their biometrics together and received their approvals and certificates together. Also, no request for further information was made.

I wonder whether @BritInParis could weigh in on something...

I came across a post this morning on a facebook forum where a section 4L parent was able to apply for a British passport for their under 18 child without having to do an MN1 application. They apparently skipped the MN1 step and just simply applied for their passport online.

Is this even possible?
 


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