British Citizenship by Discretion (CBR post 1982)

Old Nov 29th 2022, 3:00 pm
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Question Re: British Citizenship by Discretion (CBR post 1982)

Hi Guys

Hoping you guys cant weigh in on our situation. Mine is a bit different as we are already in the UK and hold ILR (ancestry route). With the change in the law we hoping we can save on the fees of 1 of the naturalization applications.

jmin BritInParis I have seen you have both been super helpful with a lot of these questions. Hope you have room for 1 more

Maternal grandfather - Born in the UK 1908
Mother - Born in SA 1948 (Could have been a UK citizen by decent)
Parents - Married 1969
Me - Born in SA 1987

Intended route:- I seem to meet all the criteria for this category.


NEW - British Citizenship by Discretion (CBR post 1982 - Mother legitimate)

- Applicant born in a qualifying country;

- Applicant born between 1 January 1983 and 31 December 1987;

- Applicant's mother was (or could have been) a British citizen because one of her parents was born in the UK; AND

- Applicant's parents were married at the time when the applicant was born.


Would this be the best route to claim under? Getting a bit muddled up with the chain below, would be so grateful for clear advise based on my situation specifically. What would be the best way for me to submit an application, post or online? I do have a load of documentation from the ancestry applications, i.e. Birth certificates, marriage etc.

I do also have a 10 year old child. If my application is successful, what happens with that application?

Fingers crossed this route works out for everyone!

Last edited by aartsuk; Nov 29th 2022 at 3:07 pm.
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Old Nov 29th 2022, 3:16 pm
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by Mat_Walsh
Hi BritinParis

Who does the new law apply to?

Sorry just trying to get my head around it.

Regards
Matthew Walsh
People who would have been, or would have been able to become, a British citizen but for historical legislative unfairness (gender discrimination), an act or omission by a public authority, or "exceptional circumstances".

British nationality law did not historically treat the children of females and unmarried persons equally when it came to the transmission of citizenship. For example, this forum topic is about transitional consular birth registrations from 1983-1987. During this period the children of some British citizens could make use of consular birth registrations for their children born during this period. Other British citizens (or people who could have become British citizens) were not able to make use of it due to gender discrimination or legitimacy issues (marriage). Most of the people who could have benefited from CBR did not do so because their father was unaware of the provision. Those people are not eligible under the new law to register. The current law allows those who could not register at the time due to unfairness to do so now. There are many other routes with the new law but the person applying (or the parent) had to have been subject to an unfairness that kept them from becoming British.

How 'far back' do you wife's British roots go? Because you're British by descent and the only way they can obtain British citizenship through you is if you live with them in the UK for three years.
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Old Dec 8th 2022, 12:44 am
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by aartsuk
Hi Guys

Hoping you guys cant weigh in on our situation. Mine is a bit different as we are already in the UK and hold ILR (ancestry route). With the change in the law we hoping we can save on the fees of 1 of the naturalization applications.

jmin BritInParis I have seen you have both been super helpful with a lot of these questions. Hope you have room for 1 more

Maternal grandfather - Born in the UK 1908
Mother - Born in SA 1948 (Could have been a UK citizen by decent)
Parents - Married 1969
Me - Born in SA 1987

Intended route:- I seem to meet all the criteria for this category.


NEW - British Citizenship by Discretion (CBR post 1982 - Mother legitimate)

- Applicant born in a qualifying country;

- Applicant born between 1 January 1983 and 31 December 1987;

- Applicant's mother was (or could have been) a British citizen because one of her parents was born in the UK; AND

- Applicant's parents were married at the time when the applicant was born.


Would this be the best route to claim under? Getting a bit muddled up with the chain below, would be so grateful for clear advise based on my situation specifically. What would be the best way for me to submit an application, post or online? I do have a load of documentation from the ancestry applications, i.e. Birth certificates, marriage etc.

I do also have a 10 year old child. If my application is successful, what happens with that application?

Fingers crossed this route works out for everyone!
You could potentially apply to be register under S.4L BNA 1981 using Form ARD but this would only make you a British citizen by descent and you would still need to make a separate application to register your child. Personally speaking I would naturalise with your child as your dependant as this would grant you both British citizenship otherwise than by descent meaning any future children born outside the UK would be automatically be British citizens by descent.
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Old Dec 8th 2022, 10:26 am
  #64  
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by jmin
People who would have been, or would have been able to become, a British citizen but for historical legislative unfairness (gender discrimination), an act or omission by a public authority, or "exceptional circumstances".

British nationality law did not historically treat the children of females and unmarried persons equally when it came to the transmission of citizenship. For example, this forum topic is about transitional consular birth registrations from 1983-1987. During this period the children of some British citizens could make use of consular birth registrations for their children born during this period. Other British citizens (or people who could have become British citizens) were not able to make use of it due to gender discrimination or legitimacy issues (marriage). Most of the people who could have benefited from CBR did not do so because their father was unaware of the provision. Those people are not eligible under the new law to register. The current law allows those who could not register at the time due to unfairness to do so now. There are many other routes with the new law but the person applying (or the parent) had to have been subject to an unfairness that kept them from becoming British.

How 'far back' do you wife's British roots go? Because you're British by descent and the only way they can obtain British citizenship through you is if you live with them in the UK for three years.
Thank you for the info. I am going to investigate on my Wifes side now to see how bar back her roots go.

Just a question, if i had not applied for British Citizenship by Double Crescent and only applied now would i have been able to go the root above?

Both my Brothers were born before 1983 and were not able to apply under the same law as me. The one has however been Naturalized now (Still Living in South Africa). Are they able to apply for there children using the root above?
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Old Dec 13th 2022, 3:23 pm
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Default Re: British Citizenship by Discretion (CBR post 1982)

Hi jmin & BritInParis

I thought I'd share what Sable is saying (today's update) when I asked them how long their process is taking and whether they have had any feedback from their first submissions - as this should give an indication of the process for others doing it themselves in terms of the timeline:


Above - re. when I asked about their response from Govt.


The agent's reply to the statement of what 'Approval' meant in terms of the process.
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Old Dec 14th 2022, 2:46 am
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by Mat_Walsh
Thank you for the info. I am going to investigate on my Wifes side now to see how bar back her roots go.

Just a question, if i had not applied for British Citizenship by Double Crescent and only applied now would i have been able to go the root above?
You were automatically a British citizen by descent so there was no option for you to pursue any other route.

Both my Brothers were born before 1983 and were not able to apply under the same law as me. The one has however been Naturalized now (Still Living in South Africa). Are they able to apply for their children using the root above?
If by naturalised you mean registered as a British citizen under Section 4C then your brother is, like you, also a British citizen by descent and therefore his children have the same eligibility as yours.
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Old Dec 15th 2022, 5:13 am
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Default Re: British Citizenship by Discretion (CBR post 1982)

Has anyone been successful in their application performed by themselves? I've not submitted anything as of yet on my own as I was waiting for Sable to give information on their applications - but I'll never know if they are telling me the truth about their success unless I've heard from someone that benefitted from their services. I'm so concerned about whether I apply on my own, it potentially gets denied and then if I try with Sable - would it impact my submission in any way with Sable assisting me on my second attempt?
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Old Dec 25th 2022, 4:07 pm
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Default Re: British Citizenship by Discretion (CBR post 1982)

Hello everyone !

Does anyone one knows if I can apply within the UK with ARD form?
Also, do we really need to submit actual physical passport ? weird because they say we can travel freely while application is pending. wonder how ?

Thanks everyone !
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Old Dec 26th 2022, 4:58 am
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Default Re: British Citizenship by Discretion (CBR post 1982)

I have the same question as I cannot physically submit mine either, as I’m needing it for my new residency visa purposes within the UAE! Hoping someone who’s done the application will see this thread and let us know as the cost to do the application via the agency vs self submission is crazy! But I’m also concerned that I got a road block and then I would jeopardize my application if they push back and I don’t have an agent to represent me at the front end of the process.
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Old Dec 26th 2022, 2:04 pm
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Default Re: British Citizenship by Discretion (CBR post 1982)

Hi all,

reading this thread has been so helpful, I just want to double check if i possibly fall under this new law.

My maternal grandfather was born in 1917 in the UK, my mother was born in South Africa in 1958, and I was born in South Africa in 1983?
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Old Dec 26th 2022, 6:46 pm
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by xoomyto
Hello everyone !

Does anyone one knows if I can apply within the UK with ARD form?
Also, do we really need to submit actual physical passport ? weird because they say we can travel freely while application is pending. wonder how ?

Thanks everyone !
Yes, you can submit your application from within the UK. I would include a colour photocopy of your current passport with a note stating the original has been retained for travel purposes but is available on request.
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Old Dec 26th 2022, 6:48 pm
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by Snowy45
Hi all,

reading this thread has been so helpful, I just want to double check if i possibly fall under this new law.

My maternal grandfather was born in 1917 in the UK, my mother was born in South Africa in 1958, and I was born in South Africa in 1983?
It would appear that you do qualify.
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Old Dec 27th 2022, 4:53 am
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by BritInParis
It would appear that you do qualify.
Thank you BritInPatis, I am trying to wrap my head around the whole cbr post 1982 route. If I understand it correctly it would qualify me because my mother was British by descent (my grandfather/her father was born in the UK), and due to gender inequality/discrimination my mother was not able to register my birth within 12 months as a British citizen, whereas if it was my father who was British by descent (he isn’t), he would have been able to register my birth at the time at Cbr and I would have been a British citizen?
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Old Dec 27th 2022, 11:41 am
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by Snowy45
Thank you BritInPatis, I am trying to wrap my head around the whole cbr post 1982 route. If I understand it correctly it would qualify me because my mother was British by descent (my grandfather/her father was born in the UK), and due to gender inequality/discrimination my mother was not able to register my birth within 12 months as a British citizen, whereas if it was my father who was British by descent (he isn’t), he would have been able to register my birth at the time at Cbr and I would have been a British citizen?
Correct.
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Old Jan 1st 2023, 11:27 am
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by jmin
Keep us updated on the application. It would be helpful to others in the future if we know that the Home Office accepted the argument.

You also need to source a number of documents, if you have not already done so. Paternal grandmother's birth certificate and marriage certificate, birth and marriage certificates for your parents, your birth certificate, and so on. The UK birth certificate from England can be ordered online from the GRO. I believe South Africans also have to apply to retain their nationality?
HAPPY NEW YEAR!

BritInParis jmin Out of interest - If I had to apply using the ARD forms, without immigration advisory representation, and the application is denied - does this potentially hurt my chances of using Sable / other immi advisors thereafter for an appeal or subsequent re-submission?

Is there some kind of red flag placed against your profile for further subsequent applications / appeals?

I am assessing the risk of applying on my own, and this is the final deciding factor before deciding whether to go with Sable or using the knowledge provided through these forums.

Thank you!
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