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British Citizenship by Discretion (CBR post 1982)

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Old Sep 21st 2024 | 1:18 pm
  #361  
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by BritInParis
Your logic is sound but I think it could benefit from being more concise. You’ll need to add in the relevant names, dates and places of birth but this should be sufficient.

For you:

“My maternal grandmother, XXX (née XXX), was born in Town, County, United Kingdom on XX/XX/1918. As such, she was a natural-born British subject under Section 1(1)(a) of the British Nationality and Status of Aliens Act 1914.

My mother, XXX (née XXX), was born in City, State, United States on XX/XX/1950. If the law at the time had treated men and women equally then my mother would have been born a Citizen of the United Kingdom and Colonies by descent under Section 5(1) of the British Nationality Act 1948.

I was born in City, State, United States on XX/XX/1985. If the law at the time had treated men and women equally then, as a Citizen of the United Kingdom and Colonies by descent, my mother would have been able to register me as a British citizen under Section 9(1) of the British Nationality Act 1981.”

For your brother:

“My maternal grandmother, XXX (née XXX), was born in Town, County, United Kingdom on XX/XX/192X. As such, she was a natural-born British subject under Section 1(1)(a) of the British Nationality and Status of Aliens Act 1914.

My mother, XXX (née XXX), was born in City, State, United States on XX/XX/195X. If the law at the time had treated men and women equally then my mother would have been born a Citizen of the United Kingdom and Colonies by descent under Section 5(1) of the British Nationality Act 1948.If the law at the time had treated men and women equally then, as a Citizen of the United Kingdom and Colonies by descent, my mother would have subsequently been able to register my birth in City, State, United States on XX/XX/1977 at a British consulate thereby making me a Citizen of the United Kingdom and Colonies by descent under Section 5(1)(b) of the British Nationality Act 1948.

As a Citizen of the United Kingdom and Colonies with the Right of Abode in the United Kingdom under Section 2(1)(b)(ii) of the Immigration Act 1971, I would therefore have automatically become a British citizen by descent on 1 January 1983 under Section 11(1) and Section 14(1)(b)(i) of the British Nationality Act 1981.”

ahh thank you so much! I had a feeling I had some extra/redundant details for our situations and this is so much more clear!

given that our cases flow down entirely through maternal lines, do you think we will still need marriage certificates for my grandparents and my parents? Just trying to figure out how much to spend on tracking those down through relevant agencies…
 
Old Sep 21st 2024 | 9:18 pm
  #362  
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by Megpeg
ahh thank you so much! I had a feeling I had some extra/redundant details for our situations and this is so much more clear!
You’re most welcome. I’d just add that there should be another paragraph break in your brother’s second paragraph - my phone decided to remove it for some reason!

given that our cases flow down entirely through maternal lines, do you think we will still need marriage certificates for my grandparents and my parents? Just trying to figure out how much to spend on tracking those down through relevant agencies…
I would do, yes. Presumably your parents married in the US - did your grandparents marry in England?
 
Old Sep 21st 2024 | 10:06 pm
  #363  
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by Megpeg
ahh

given that our cases flow down entirely through maternal lines, do you think we will still need marriage certificates for my grandparents and my parents? Just trying to figure out how much to spend on tracking those down through relevant agencies…
Sure, important and relevant documents. But why would you need an agency? If your grandparents married in England, you should be able to find it through the GRO and have it delivered to you by courier.
 
Old Sep 22nd 2024 | 3:43 am
  #364  
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Default Re: British Citizenship by Discretion (CBR post 1982)

Thanks both!

My grandparents married in Kidderminster before moving to the states, and my parents married in Arizona. I believe my maternal grandfather and parents were all born in Minnesota.

I’ve requested my grandma’s birth certificate and their marriage certificate through the GRO, now just working out how to get ahold of my grandfather and parents’ US birth and marriage certificates as it seems that might vary by state.

appreciate the help all!
 
Old Sep 24th 2024 | 8:28 am
  #365  
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Default Re: British Citizenship by Discretion (CBR post 1982)

Hi all - one more question… It looks like my Grandmother naturalized in the US in 1962 - does this change anything about my and my brother’s cases? FWIW I could not find a record of her renunciating British citizenship with the National Archives, however the US didn’t allow dual citizenship at that time.
 
Old Sep 24th 2024 | 8:48 am
  #366  
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Default Re: British Citizenship by Discretion (CBR post 1982)

[QUOTE=Megpeg;13277198]Hi all - one more question… It looks like my Grandmother naturalized in the US in 1962 - does this change anything about my and my brother’s cases? FWIW I could not find a record of her renunciating British citizenship with the National Archives, however the US didn’t allow dual citizenship at that time.[/QUOTE
If there is not a record of her renouncing, then it is fine. My grandmother was in the same situation and I confirmed that too. I don't think many people knew they had to officially renounce. Lucky for us!
 
Old Sep 24th 2024 | 10:23 am
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by Megpeg
Hi all - one more question… It looks like my Grandmother naturalized in the US in 1962 - does this change anything about my and my brother’s cases? FWIW I could not find a record of her renunciating British citizenship with the National Archives, however the US didn’t allow dual citizenship at that time.
The US didn’t permit its own citizens to voluntarily acquire another citizenship at the time but the UK had no problem with this in 1962. The only way a British citizen could lose their citizenship would be to renounce it with the Home Office which was done far more rarely than popularly believed. A naturalised US citizen was only considered a US citizen as far as Uncle Sam was concerned which is likely where some of the misconception stems from.
 
Old Sep 26th 2024 | 12:41 am
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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.
They collected their British passports from the TLS centre earlier today. Their paper applications were submitted 9-10 days ago. My sister is over the moon, we all are really.
 
Old Oct 28th 2024 | 1:16 am
  #369  
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Default Re: British Citizenship by Discretion (CBR post 1982)

Since we had to send in a paper application, how did you receive approval notification? Did they send it by snail mail or the email address on file? How did the ceremony invite arrive? I am expecting approval any week now.
 
Old Oct 28th 2024 | 2:31 am
  #370  
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Default Re: British Citizenship by Discretion (CBR post 1982)

It might depend where you apply from. I applied in the UK and received my confirmation and ceremony invitation via post.
 
Old Oct 28th 2024 | 2:51 am
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by dampfray
It might depend where you apply from. I applied in the UK and received my confirmation and ceremony invitation via post.
Thanks! I applied from the United States.
 
Old Oct 28th 2024 | 8:39 am
  #372  
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Default Re: British Citizenship by Discretion (CBR post 1982)

by email, also applied from US.
 
Old Nov 7th 2024 | 7:22 pm
  #373  
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Default Re: British Citizenship by Discretion (CBR post 1982)

Ever wondered how many qualified/applied under section 4L?! Check this out. I don't know who the individual is, or why he made the request. But it's interesting info:

Section 4L of the BNA 1981 - a Freedom of Information request to Home Office - WhatDoTheyKnow
 
Old Nov 13th 2024 | 5:19 am
  #374  
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Default Re: British Citizenship by Discretion (CBR post 1982)

This forum was extremely helpful, thank you for all the replies and timelines posted
Here my timeline S9

Application received in Liverpool Feb 28
Biometrics taken in south america March 6 (10£)
Email query from workflow about my last 5 years address March 6
Further request about proofs October 2
Additional payment requested October 8 (full registration fee)
letter issued confirming the success of the application october 15

I had to email the case worker on nombember 12 to let me know the outcome, the letter was sent by mail not e-mail and the post office here is not efficient at all
 
Old Nov 13th 2024 | 5:51 am
  #375  
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by Theo808
This forum was extremely helpful, thank you for all the replies and timelines posted
Here my timeline S9

Application received in Liverpool Feb 28
Biometrics taken in south america March 6 (10£)
Email query from workflow about my last 5 years address March 6
Further request about proofs October 2
Additional payment requested October 8 (full registration fee)
letter issued confirming the success of the application october 15

I had to email the case worker on nombember 12 to let me know the outcome, the letter was sent by mail not e-mail and the post office here is not efficient at all
Did they give you a reason why you had to pay them the full fee?
I emailed them at the beginning of the week and still haven't received a reply. I am feeling anxious to find out.
 


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