Re: British Citizenship by Discretion (CBR post 1982)
 

Similar Case:
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https://britishexpats.com/forum/citi.../#post13249454

Both parents BOC, Paternal Grandmother was born outside UK. Sister was born outside UK before 1983, but was able to register as British Citizen in 2022.

Re: British Citizenship by Discretion (CBR post 1982)
 

Hello BritInParis Kensiky , thanks so much for the advice, makes a lot of sense. I won't include any unnecessary documents, then...and will get going with tracking down my grandparents' marriage certificate. Will let you all know how I get on!

Re: British Citizenship by Discretion (CBR post 1982)
 

Hello, I believe I have a relatively straightforward application but am looking for a check from the community before I submit it. I am seeing some examples online with much more specific citations of the law but was trying to keep it simple as I am not a legal expert and am trying to do this without representation. Thank you for the information laid out in this thread!

Situation:
Maternal Grandfather born in England, 1920. Married a US-born woman in the US.
Mother born in US, 1954. Married in the US to US-born man.
Myself, born in US in 1987
Basis: I was not eligible for registration at birth due to historical unfairness/gender discrimination

I modified some text from earlier in this thread and had some questions:
1) My reading of the ARD form instructions is I would check yes for 1.1, no for 1.2/1.3, and attach the below as my explanation. Does this appear to be sufficient (paragraph at bottom)?
2) It seems I must submit by mail, and will need certified versions of all documents except a color passport copy. Is that correct? That would be Grandfather's UK birth certificate, Mother's US birth certificate and Marriage certificate showing name change, My US Birth Certificate
3) My mother does not have a UK passport, is there any issue in listing her as both US and UK citizenship on the ARD form?My maternal grandfather, (xxx) was born in (Town, United Kingdom on XX/XX/1920, see birth certificate attached as reference 1. As such, he was a natural-born British subject under Section 1(1)(a) of the British Nationality and Status of Aliens Act 1914, and subsequently became a CUKC under S.12(1)(a) BNA 1948 with the commencement of said act on 1 January 1949.

My mother, XXX, was born in United States on XX/XX/1954, see birth certificate attached as reference 2. At the time of my mother's birth she was automatically a CUKC by descent under S.5(1) BNA 1948. As a CUKC with the Right of Abode in the United Kingdom under S.2(1)(b)(i) IA 1971, she subsequently became a British citizen by descent under S.11(1) BNA 1981 and S.14(1)(b) BNA 1981 with the commencement of said act on 1 January 1983.

I was born in XXX, United States on XX/XX/1987, see birth certificate attachment 3. If the law at the time had treated men and women equally then, as a CKUC 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.

Given the above circumstances, per BNA 1981, Section 4L(1) and (1)(a), I, of full age and capacity, am applying to be registered as a British citizen on the grounds that I would have been, or would have been able to become, a British citizen but for historical legislative unfairness per BNA 1981, Section 4L(1)(a). Per BNA 1981, Section 4L(2)(a), “historical legislative unfairness” includes circumstances where I would have become a CUKC, if an Act of Parliament or subordinate legislation had, for the purposes of determining my nationality status, treated males and females equally, as is the case in my circumstance.

In addition, as a British citizen under the laws and circumstances described above, I have the right of abode in the United Kingdom under BNA 1981 Section 39 (2)(1)(a).

Re: British Citizenship by Discretion (CBR post 1982)
 

I am looking to take this route and have some questions on the documents required.

Me-Born in 1987, US
Mother born 1954, US
Her father (my maternal grandfather) born 1920, England.

I have ordered the UK birth certificate of my grandfather.
My mother's birth certificate shows his birth place and full name
My birth certificate shows my mother's maiden name (my parents were married, but this is how my state records births)

Do I need to include marriage certificates since there is no discrepancy in names on each of the birth certificates? If yes, certificate just for my mother/father or also for my grandparents? I can get a copy of my parents' fairly easily but the grandparents will need to be ordered separately and I'll need more info from my mother on their dates.

I am also curious if people feel a long description/cover letter is required or if I can simply lay out the above and state per BNA Section 9 I could have been registered if not for historical unfairness due to gender, and thus I am applying for CUKC.

Thank you in advance to all who have posted, I would be ecstatic if my application were accepted.

Re: British Citizenship by Discretion (CBR post 1982)
 

I actually have the same question as BApp. I am trying to track down my grandparents' marriage certificate, but it's proving difficult - there are people looking for me at the National Archives in Zimbabwe but they haven't been able to find it yet. How essential is it? My (UK-born) grandfather's name & birth country is on my mum's birth certificate, and she had his last name when she was born, so doesn't it speak for itself that they were married ?

Re: British Citizenship by Discretion (CBR post 1982)
 

I got my acceptance email this morning!

Feb 9 26 (roughly lol) I sent my application
March 16 26 I got the email asking for full payment
March 25 26 I got the email to schedule biometrics
April 27 26 Biometrics were done (I could’ve done this as early as 4/1 if I was willing to drive 4hrs lol. I had a hysterectomy on 4/20, this was the best date for our circumstances)
May 14 26 I got my acceptance email.

Now the wait for the embassy.

My general case was my UK born grandfather (1943). My US born mother (1963) and US born self (1985).

I wanted to think everyone who helped (especially BritInParis ).

Re: British Citizenship by Discretion (CBR post 1982)
 

I sent my UK grandfather’s birth registration. My maternal grandparents US marriage record. My mom’s US birth certificate. My (1985) US birth certificate and my US marriage certificate, because I’m a woman and I changed my name lol. My parents weren’t married, and it didn’t matter (though there was something about this in my case reasoning in the application)

I don’t remember exactly what I did for my cover letter, just a simple explanation and the list of documents.

Re: British Citizenship by Discretion (CBR post 1982)
 

I apply from British Citizenship under 4L through my maternial Grandmother. I had my citizen ceremony on the 20th in NYC this was the timeline

June 13th Mailed application form ARD
June 18th Application Delivered
June 25th 130 Charged
July 31st Documents returned, with letter on how to set up Biometrics with a code.
Aug 8th Biometric Appointment (Needed the Letter and my USA passport when I was there)
Nov 4th Home Office Email Requesting more documents: Birth Certificates for both of my USA Grandfathers. Due by Nov 18th
Nov 5th I email scans my USA Grandfathers Birth Certificates
Nov 20th Home Office Approved ARD 4L application
April 14th British Consulate General New York email with a ceremony date.
May 20th Citizenship Ceremony in NYC. Certificate list section 4L

I have applied for my passport. When that is complete I will apply for my under 18 children.