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British Citizenship by Discretion (CBR post 1982)

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Old Aug 30th 2024 | 8:45 pm
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by MellySA
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?
If the child was born after they received their registration certificate then yes, but if they were born before then they should complete a MN1 registration application. I have seen similar posts on Reddit though so I’m not sure if it’s the same case or HMPO are repeatedly making the same mistake.
 
Old Aug 30th 2024 | 9:11 pm
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by BritInParis
If the child was born after they received their registration certificate then yes, but if they were born before then they should complete a MN1 registration application. I have seen similar posts on Reddit though so I’m not sure if it’s the same case or HMPO are repeatedly making the same mistake.
Thanks for your reply. Glad we have the same understanding. Could you let me know if this is something you come across again? I can only assume its a mistake.
 
Old Aug 30th 2024 | 9:39 pm
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by dampfray
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.
And I’ve now had a very quick reply from the UKVI caseworker:

“As mentioned in the guidance we would only ask for the ceremony fee for those who would have acquired that status automatically, however if any of the routes required registration or naturalisation you would need to pay a fee to register along with the ceremony fee. After 01/01/1983 the legislation changed and Section 5 (1) (b) which was an automatic acquisition if the birth was registered at a British consulate in a foreign country was no longer in place in the same way under the BNA 81. There however an transitional provision in place for those people born in a foreign country between 01/01/1983 and 01/01/1988 whereby the father was British by descent which was Section 9. Unlike Section 5 (1) (b) however Section 9 in the British Nationality Act 1981 was Right to registration



Therefore as you would not have obtained citizenship automatically, but via a registration route you are required to pay the registration fee if you wish to proceed with your application.”

 
Old Aug 30th 2024 | 9:51 pm
  #334  
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by BritInParis
Registration as a British citizen is not the same as consular birth registration. In your circumstances the answer should be ‘No’ to that question.
Hi BritInParis - re my posts above, the UKVI seems to be contesting this point in relation to my application - I was born in 1987 and am being told that my birth still required registration and so I am liable for the current UK citizenship registration fee. Is this correct? If not, what can I point my UKVI caseworker to?

Thanks in advance!

Last edited by dampfray; Aug 30th 2024 at 10:25 pm.
 
Old Sep 1st 2024 | 10:37 am
  #335  
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by dampfray
Hi BritInParis - re my posts above, the UKVI seems to be contesting this point in relation to my application - I was born in 1987 and am being told that my birth still required registration and so I am liable for the current UK citizenship registration fee. Is this correct? If not, what can I point my UKVI caseworker to?

Thanks in advance!
Unfortunately your caseworker is correct.

Until 31 December 1982, consular birth registration within a year of the birth of a child to a father who was British by descent allowed for citizenship to be passed down another generation by descent under S.5(1)(b) BNA 1948.

This option was removed on 1 January 1983 by the commencement of the BNA 1981 however S.9 BNA 1981 allowed for a five year transitional period except now this was considered British citizenship by registration rather than by descent.

As such you will need to pay the registration fee. If you had been born before 1 January 1983 then it would’ve been just the ceremony fee.
 
Old Sep 1st 2024 | 11:02 am
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by bbianco
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



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.
Do you still need these questions answered or have you already submitted your application?
 
Old Sep 1st 2024 | 11:23 am
  #337  
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by BritInParis
Do you still need these questions answered or have you already submitted your application?
I have not yet submitted as I'm still waiting on my nana's marriage certificate from the GRO. I believe that I am a YES on 1.4b, that it is OK for me to use two US citizens for my referees, that my notarized passport is OK, seems like the greencard paperwork may not be necessary if i have the certificates. I am including the payment for the ceremony only via the payment form and my CC number.

My main remaining questions I guess are:

Am I really supposed to be able to write that entire argument into box 1.5, and if so, maybe somebody could review this shorter version I've made and make some suggestions for how to make it even more brief?

Claim: Due to historical legislative unfairness/gender discrimination, my mother could not register 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 now eligible to register as a British citizen under the recent changes to the BNA 1981, specifically Sections 4L, 4C(3D), 4C(1), (2), (3), (3A), and (4).
  1. I was born in 1981 in the USA during the period for consular birth registrations for foreign births (Section 5(1)(b) of the BNA 1948).
  2. My maternal grandmother was born in the UK (England) within the meaning of the BNA 1981.
  3. My mother, born in the USA in 1949, could have been a British citizen by descent if not for gender discrimination. Specifically, she could have been a British citizen by descent because her mother (my maternal grandmother) was born in the UK in 1926 (Section 5(1) of the BNA 1948).
  4. If not for historical legislative unfairness, my mother could have registered my birth with the UK consulate, making me a British citizen by descent 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.
  5. I would have had the right of abode under Section 4C(4) of the BNA 1981 because:
    • My maternal grandmother was born in the UK (Immigration Act of 1971, Section 2(1)(b)(ii)).
    • If not for historical legislative unfairness, my mother would have been a CUKC by descent and could have registered my birth with the UK consulate, making me a CUKC by descent 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, 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 the right of abode immediately before 1 January 1983.
Thanks for asking!


I also wanted to add that I recently spoke with somebody who is doing their citizenship by descent with sable, and is claiming they were able to do an electronic application. Has anybody else heard this? I was under the impression we had to do the paper route.

Last edited by bbianco; Sep 1st 2024 at 11:25 am. Reason: adding a thank you!
 
Old Sep 2nd 2024 | 4:18 pm
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by dampfray
And I’ve now had a very quick reply from the UKVI caseworker:

“As mentioned in the guidance we would only ask for the ceremony fee for those who would have acquired that status automatically, however if any of the routes required registration or naturalisation you would need to pay a fee to register along with the ceremony fee. After 01/01/1983 the legislation changed and Section 5 (1) (b) which was an automatic acquisition if the birth was registered at a British consulate in a foreign country was no longer in place in the same way under the BNA 81. There however an transitional provision in place for those people born in a foreign country between 01/01/1983 and 01/01/1988 whereby the father was British by descent which was Section 9. Unlike Section 5 (1) (b) however Section 9 in the British Nationality Act 1981 was Right to registration



Therefore as you would not have obtained citizenship automatically, but via a registration route you are required to pay the registration fee if you wish to proceed with your application.”
Hi! Sorry to hear that they are asking for the full registration fee, when exactly did you apply? Some applicants under S9 in this same forum stated that the total fee for them was 80£ so your situation is kinda confusing
 
Old Sep 2nd 2024 | 5:12 pm
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by Theo808
Hi! Sorry to hear that they are asking for the full registration fee, when exactly did you apply? Some applicants under S9 in this same forum stated that the total fee for them was 80£ so your situation is kinda confusing
I applied in February this year. I had also seen several people in this and other forums who had appeared to pay only the ceremony fee.
 
Old Sep 3rd 2024 | 1:21 am
  #340  
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by dampfray
I applied in February this year. I had also seen several people in this and other forums who had appeared to pay only the ceremony fee.
It should depend on the applicant’s year of birth.
 
Old Sep 3rd 2024 | 10:58 am
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by bbianco
I have not yet submitted as I'm still waiting on my nana's marriage certificate from the GRO. I believe that I am a YES on 1.4b, that it is OK for me to use two US citizens for my referees, that my notarized passport is OK, seems like the greencard paperwork may not be necessary if i have the certificates. I am including the payment for the ceremony only via the payment form and my CC number.

My main remaining questions I guess are:

Am I really supposed to be able to write that entire argument into box 1.5, and if so, maybe somebody could review this shorter version I've made and make some suggestions for how to make it even more brief?



Thanks for asking!


I also wanted to add that I recently spoke with somebody who is doing their citizenship by descent with sable, and is claiming they were able to do an electronic application. Has anybody else heard this? I was under the impression we had to do the paper route.
Are you sure, or is that person sure they did an ARD application and the electronic version was through the HO and not something for Sable? UKM is electronic, and some people doing descent apps do that form instead. If there is an electronic ARD it would be on the HO website.

I wrote a condensed version of my argument in that box for 1.5, and then included a longer typed version as a separate document with the app. I referred them to that longer version by a note in 1.5 and in my cover letter, which included an inventory of everything I was sending.

 
Old Sep 4th 2024 | 3:59 am
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by bbianco
I have not yet submitted as I'm still waiting on my nana's marriage certificate from the GRO. I believe that I am a YES on 1.4b, that it is OK for me to use two US citizens for my referees, that my notarized passport is OK, seems like the greencard paperwork may not be necessary if i have the certificates. I am including the payment for the ceremony only via the payment form and my CC number.
- You were born before 1 January 1983 so the answer is 'No' for 1.4(a) and 'Yes' for 1.4(b).
- As you are living outside the UK, you can use two US citizens as referees providing both are of professional standing.
- You can just send a copy of your passport photo page with a note saying the original has been retained for travel but is available upon request. You don't need to send a copy of every page. Your certificates should be originals however.
- Forget about your grandmother's census records or green card paperwork as this is not relevant to your application. Even if your grandmother had naturalised as a US citizen before 1949 she would have not lost her British citizenship as she was a married woman at the time.

My main remaining questions I guess are:

Am I really supposed to be able to write that entire argument into box 1.5, and if so, maybe somebody could review this shorter version I've made and make some suggestions for how to make it even more brief?

Thanks for asking!
Try this - it should be around half the word count:

My maternal grandmother was born in the United Kingdom on 22 September 1926. As such she was a natural-born British subject under S.1(1)(a) of the BNSAA 1914 and subsequently become a CUKC under S.12(1)(a) BNA 1948 with the commencement of said act on 1 January 1949. My maternal grandparents married on 22 June 1946 and my mother was born in the United States on 6 September 1949.

Had the law treated males and females equally at the time of my mother's birth she would have automatically become a CUKC by descent under S.5(1) BNA 1948. Similarly, had the law treated males and females equally at the time of my birth in the United States on 30 June 1981, my mother would have been able to register my birth at a British consulate within a year thereby making me a CUKC by descent under S.5(1)(b) BNA 1948 and subsequently a British citizen by descent under S.11(1) BNA 1981 with the commencement of said act on 1 January 1983.
I also wanted to add that I recently spoke with somebody who is doing their citizenship by descent with sable, and is claiming they were able to do an electronic application. Has anybody else heard this? I was under the impression we had to do the paper route.
I've not aware of that possibility for Form ARD applicants.
 
Old Sep 6th 2024 | 7:54 pm
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Default Re: British Citizenship by Discretion (CBR post 1982)

Hey Everyone,

First time poster here. I was born in September 1988, and my sister was born in 1986 (both born in Egypt). Our mother was born born in Egypt in 1949 to a British mother, and she could only register as British in 2010. When section 4L was introduced my sister and I both applied together, her application succeeded and mine didn't. I applied using Form NR for reconsideration based on the fact that my sister was granted citizenship and I wasn't - all things being equal, this is unfair. It's been 6 months since I sent the application, and I have yet to hear anything, does anyone know if there's an email I could use to follow up? And is anyone in a similar boat? Any help would be appreciated.
 
Old Sep 7th 2024 | 12:38 am
  #344  
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by SparkyBrigham
Hey Everyone,

First time poster here. I was born in September 1988, and my sister was born in 1986 (both born in Egypt). Our mother was born born in Egypt in 1949 to a British mother, and she could only register as British in 2010. When section 4L was introduced my sister and I both applied together, her application succeeded and mine didn't. I applied using Form NR for reconsideration based on the fact that my sister was granted citizenship and I wasn't - all things being equal, this is unfair. It's been 6 months since I sent the application, and I have yet to hear anything, does anyone know if there's an email I could use to follow up? And is anyone in a similar boat? Any help would be appreciated.
Unfortunately, had men and women been treated equally, you would have been born too late to take advantage of Section 9 registration which ended in 1987 so your application was correctly refused.

You can email the Home Office here: [email protected]
 
Old Sep 7th 2024 | 1:14 am
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by SparkyBrigham
Hey Everyone,

First time poster here. I was born in September 1988, and my sister was born in 1986 (both born in Egypt). Our mother was born born in Egypt in 1949 to a British mother, and she could only register as British in 2010. When section 4L was introduced my sister and I both applied together, her application succeeded and mine didn't. I applied using Form NR for reconsideration based on the fact that my sister was granted citizenship and I wasn't - all things being equal, this is unfair. It's been 6 months since I sent the application, and I have yet to hear anything, does anyone know if there's an email I could use to follow up? And is anyone in a similar boat? Any help would be appreciated.
Has your mother ever lived in the UK for 3 years before your birth? If so, you should contact a solicitor like Sable or Bic immigration for proper legal advice. I think I read something about that, can't remember the details.

Last edited by MOUK; Sep 7th 2024 at 1:20 am.
 


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