Originally Posted by Goldfishfancydance

Good news! I just received my son's Registration Certificate under Section 3(1). My daughter's is somehow held up and I think they assigned her a different case worker. I am going to send an email tomorrow with his certificate attached to ask again about her application. Does 3(1) convey Citizenship Otherwise by Descent?

Originally Posted by aggiegrl

Your claim doesn't make sense to me. Your grandfather was British and was a male, therefore, your mom could have been/should have been/is a citizen. There was no gender discrimination in the ability pass citizenship from father (your grandfather) to daughter (your mom).

Originally Posted by aggiegrl

Your claim doesn't make sense to me. Your grandfather was British and was a male, therefore, so long as he was married to your mother at the time of birth, your mom should have been/is a citizen. There was no gender discrimination in the ability pass citizenship from father (your grandfather) to daughter (your mom).

Originally Posted by aggiegrl

I would consult someone who knows every intricacy of immigration law. I don't think this is a valid claim and I wouldn't want you to apply and spend the money only to be denied.

She wouldn't have been able to register your birth, not because of gender discrimination, but because she was too far removed and was not eligible to pass citizenship. You’re automatically a British citizen if you were born outside the UK and all of the following apply:

• you were born between 1 January 1983 and 30 June 2006
• your mother or father was a British citizen when you were born (they must have been married if your father had British citizenship but your mother did not)
• your British parent could pass on their citizenship to you

Your British parent could pass on their citizenship to you if they were one of the following:

• born or adopted in the UK
• given citizenship after applying for it in their own right (not based on having a British parent)
• working as a Crown servant when you were born (for example in the diplomatic service, overseas civil service or armed forces)

Originally Posted by BritInParis

You appear to be eligible to be registered as a British citizen under Section 4L using Form ARD.

Originally Posted by CatFancy

i'm not sure. i just know that i was told this earlier in this thread, and others have been successful with a similar scenario.



eta- i believe it's something to do with the transition period. i was born in 1985.

Originally Posted by CatFancy

Will someone please check my claim? Thanks!I am applying for registration as a British citizen under section 4L of the British Nationality Act 1981 on the basis that I would have become, or would have been able to become, a British citizen but for historical legislative unfairness, namely sex discrimination in British nationality law.

My maternal grandfather, T, was born in Croydon, Surrey, United Kingdom on X September 194X. He was a natural-born British subject under the British Nationality and Status of Aliens Act 1914 and became a Citizen of the United Kingdom and Colonies on 1 January 1949.

My mother, R, was born in United States on X June 196X. At the time of her birth, section 5(1) of the British Nationality Act 1948 permitted only fathers, and not mothers, to transmit citizenship by descent. As a result of this sex discrimination, my mother did not acquire citizenship at birth. Had women been treated equally under the law, she would have been a Citizen of the United Kingdom and Colonies by descent.

I was born in United States on X May 1985. Had my mother been recognised as a Citizen of the United Kingdom and Colonies by descent, she would have been able to register me as a British citizen under section 9(1) of the British Nationality Act 1981.

I was therefore prevented from becoming, or being able to become, a British citizen solely because of historical sex discrimination in nationality legislation. There are no other factors which would have prevented my acquisition of British citizenship.

In these circumstances, I meet the requirements for registration as a British citizen under section 4L of the British Nationality Act 1981.

Originally Posted by SanDiegogirl

From your post:

Your maternal grandfather (your mother's father) was a British citizen having been born in the UK....
Your mother was born in the US - why could her father (the Brit) not pass on British citizenship to your mother?

Originally Posted by CatFancy

it's the entirely wrong claim. i copied it from a different post and didn't adequately fact check it. ive deleted it since it was A: wrong, and B: confusing.

Originally Posted by aggiegrl

Want to delete the others with me? I'll delete mine too. I hate to have confusing stuff out there. This is confusing enough!

Originally Posted by CatFancy

OK. for real this time. i figured out where i went wrong, copied a claim and didn't read it well enough, or anemia brain just didn't compute. either way, it was wrong. So sorry!

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My maternal grandfather was born in the United Kingdom on x September x. As such he was a natural-born British subject under S.1(1)(a) of the BNSAA 1914 and subsequently became a CUKC under S.12(1)(a) BNA 1948 with the commencement of said act on 1 January 1949. My maternal grandparents married on x and my mother was born in the United States on xxx.

At the time of my mother's birth she was automatically a CUKC by descent under S.5(1) BNA 1948. Had the law treated males and females equally at the time of my birth in the United States on 1985, 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, as I was born during the transition period from 1 January 1983 to 31 December 1987.

Originally Posted by CatFancy

2 more questions.

Do the referee signatures have to be a wet signature? Or will a scanned copy do? I don't know anyone "professional" where i currently live, and we've only been here just over 3 years.