British Citizenship by Discretion (CBR post 1982)

Old Mar 31st 2023, 12:04 am
  #121  
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by WarrenZA
Hi jmin , thanks for your generosity in taking time to help us all navigate this!

My father was born in SA in 1949—his father was born in Kenya in 1914 (but I don't have any of his civic docs from up there) and his mother in SA in 1926 (married in 1942).
Where were your father’s grandparents born? Both paternal and maternal.
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Old Mar 31st 2023, 12:47 am
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by jmin
Where were your father’s grandparents born? Both paternal and maternal.
His paternal grandfather born in India in 1889 and grandmother in India (but I'm not sure, and there's a small chance that she was born in Jinja, Uganda).
His maternal grandfather in 1897 and grandmother in 1899, both born in Natal, SA.

Last edited by WarrenZA; Mar 31st 2023 at 1:53 am.
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Old Apr 3rd 2023, 2:01 am
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by WarrenZA
Hi jmin , thanks for your generosity in taking time to help us all navigate this!

As far as I can tell, my mother became a British citizen by descent automatically when BNA 1981 came into force (she was a CUKC with right of abode).

My mother was born in SA in 1945. Her father was born in England in 1914 and her mother in SA in 1918 (they married in 1944).
My father was born in SA in 1949. His father was born in Kenya in 1914 (but I don't have any of his civic docs from up there) and his mother in SA in 1926 (married in 1942).
My parents married in 1970 (and they're still married).
Besides the (currently challenged) BNA 1981 8(1) route, there is a second route for those married before the enactment of IA 1971. Given the Home Office's current guidance, this would likely also be challenged, although it seems that this has not yet been tested. There's an alternate path I mention further down, but first the second route:

The argument would be that BNA 1948 6(2) discriminated based on gender in that only the wives of CUKCs could register, but not husbands. If not for gender discrimination, your father could have registered as a CUKC prior to IA 1971 coming into force. (marriages after IA 1971 would not give spouse RoA under IA 1971).

If your father had been able to register under BNA 1948 6(2), IA 1971 2(2)(a) would have given him right of abode as the husband of a CUKC if not for gender discrimination. (Your mother had RoA from IA 1971 1(b)(i))

Therefore, if not for gender discrimination, your father would have become a British Citizen by BNA 1981 11(1) as he would have been a CUKC with RoA.

As I said, I believe this route would also be challenged. Although not the same situation, the Home Office has an example of a man who married a British woman in 1975 - so could not have derived RoA from IA 1971 - therefore this is a BNA 1981 8(1) example:
"Section 4L predominantly seeks to address previous unfairness where women or their children missed out on citizenship.However, the intention in addressing inequalities in such circumstances is to ‘level-up’ so that a woman has the same rights as a man. Section 6(2) of the 1948 Act reflected the then assumption that a woman’s status should follow that of her husband, which in turn, reflected the wider underlying policy that citizenship could only be acquired via the male line. We do not think it appropriate to replicate that position for men. Unless there are exceptional circumstances, it would not normally be considered appropriate to register George under section 4L."

Kenya Connection

Your father's Kenya connection (his father was born in Kenya) and the fact that none of your father's grandparents were born in Kenya is interesting. (Your paternal grandfather was technically born in the East African Protectorate which later become Kenya Colony and a small Kenya Protectorate). This could mean that his father was a CUKC and remained a CUKC after Kenya Independence Day. If that's the case, then your own father could have been a CUKC by descent and remained a CUKC when he married your mother, although I am unsure how that would have been affected by South Africa's nationality laws/Citizenship Act 44. It would be worth looking into this because if your father remained a CUKC then he would not have to rely on BNA 1948 6(2) - only IA 1971 2(2)(a) giving him RoA. The guidance I mentioned above goes on to mention the difference between registration and automatic citizenship entitlements. So your father's claim could be allowed if your father was already a CUKC and the gender discrimination argument relates not to a registration entitlement under 6(2) but to RoA. He would have what they appear to consider an automatic citizenship claim if he did not have to rely on BNA 1948 6(2) and only IA 1971 2(2)(a) since BNA 1981 11(1) is automatic. As far as I can tell, this appears to be a new idea that Gamble/Sable/other immigration specialists has not yet noticed (although they have noticed the IA 1971 RoA angle for other types of claims). CUKC man without RoA married to a CUKC woman with RoA before IA 1971 came into force > BNA 1981 11(1).

So if your father was a CUKC then he would argue that, if not for gender discrimination, he would have had RoA under IA 1971 2(2)(a) and therefore have become a British Citizen under BNA 1981 11(1).

Unless BritInParis has other thoughts about this (the gender discrimination angle and whether your father was actually a CUKC given the South African birth), I think this is something you might need specialist assistance with if your father actually wants to move to the UK.

Last edited by jmin; Apr 3rd 2023 at 2:18 am.
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Old Apr 3rd 2023, 4:29 am
  #124  
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by jmin
Besides the (currently challenged) BNA 1981 8(1) route, there is a second route for those married before the enactment of IA 1971. Given the Home Office's current guidance, this would likely also be challenged, although it seems that this has not yet been tested. There's an alternate path I mention further down, but first the second route:

So if your father was a CUKC then he would argue that, if not for gender discrimination, he would have had RoA under IA 1971 2(2)(a) and therefore have become a British Citizen under BNA 1981 11(1).

Unless BritInParis has other thoughts about this (the gender discrimination angle and whether your father was actually a CUKC given the South African birth), I think this is something you might need specialist assistance with if your father actually wants to move to the UK.
Hey @Jmin, thank you! I'll take some time to work through your replies carefully.

Taking a stab at a layman's explanation...I'm guessing that my grandfather become a CUKC at his birth in East Africa (BNA 1948 5(1)(a)).
My dad becomes a CUKC by descent at his birth (in March 1949) and later also becomes a South African Citizen on 29 June 1949 (when Act 44 gained ascent). Unless I'm missing something, gaining SA citizenship by birth didn't end the entitlement to CUKC citizenship (in the same way that in 1949, my mother also became an SA citizen by birth but didn't stop being a CUCK by descent). The difference is that she had ROA on account of her dad being born in the UK. And, that if things had been switched around, my dad could possibly have gotten ROA because he married my mom before 1971?

No pressure to reply, appreciate the time you've already spent on this!

If we go this route, will definitely recruit some specialist input for the application. Here's hoping the Home Office guys end up reviewing their stance on your first two scenarios (IA 1971 and BNA 1981) to open something up.

Thanks again for your help!
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Old Apr 3rd 2023, 9:07 pm
  #125  
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by WarrenZA
Hey @Jmin, thank you! I'll take some time to work through your replies carefully.

Taking a stab at a layman's explanation...I'm guessing that my grandfather become a CUKC at his birth in East Africa (BNA 1948 5(1)(a)).
My dad becomes a CUKC by descent at his birth (in March 1949) and later also becomes a South African Citizen on 29 June 1949 (when Act 44 gained ascent). Unless I'm missing something, gaining SA citizenship by birth didn't end the entitlement to CUKC citizenship (in the same way that in 1949, my mother also became an SA citizen by birth but didn't stop being a CUCK by descent). The difference is that she had ROA on account of her dad being born in the UK. And, that if things had been switched around, my dad could possibly have gotten ROA because he married my mom before 1971?

No pressure to reply, appreciate the time you've already spent on this!

If we go this route, will definitely recruit some specialist input for the application. Here's hoping the Home Office guys end up reviewing their stance on your first two scenarios (IA 1971 and BNA 1981) to open something up.

Thanks again for your help!
I will look at this a bit more in the next few days. You would need to show what status his father had when he was born in 1914 (not BNA 1948 and also what month in 1914 was he born?), how this changed when the East Africa Protectorate became Kenya Colony and Kenya Protectorate, how his father escaped the loss provisions on Kenya Indpendence Day, how your father became a CUKC by descent, how - if not for gender discrimination - your father could have had RoA through his marriage to your mother before IA 1971 came into force, and how that would have been automatically classified as a British Citizen under BNA 1981.

Do you know where in Kenya his father was born? The Kenya Colony and the much smaller Kenya Protectorate are treated differently. Do you have any of his father's old documents such as a passport? You would also need to show that only his father was born in Kenya.

Do you know when they moved to SA? What was his father's citizenship at the time of your father's birth?
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Old Apr 4th 2023, 12:30 pm
  #126  
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by WarrenZA
Hey @Jmin, thank you! I'll take some time to work through your replies carefully.

Taking a stab at a layman's explanation...I'm guessing that my grandfather become a CUKC at his birth in East Africa (BNA 1948 5(1)(a)).
My dad becomes a CUKC by descent at his birth (in March 1949) and later also becomes a South African Citizen on 29 June 1949 (when Act 44 gained ascent). Unless I'm missing something, gaining SA citizenship by birth didn't end the entitlement to CUKC citizenship (in the same way that in 1949, my mother also became an SA citizen by birth but didn't stop being a CUCK by descent). The difference is that she had ROA on account of her dad being born in the UK. And, that if things had been switched around, my dad could possibly have gotten ROA because he married my mom before 1971?

No pressure to reply, appreciate the time you've already spent on this!

If we go this route, will definitely recruit some specialist input for the application. Here's hoping the Home Office guys end up reviewing their stance on your first two scenarios (IA 1971 and BNA 1981) to open something up.

Thanks again for your help!
If his father was not already a British subject at birth, his father would have become a British subject when the East African Protectorate was annexed in 1920 to form Kenya Colony. In addition, his father was likely a British subject before this because when BNA 1914 came into force in 1915, he would have been a British subject by 1(b)(i) since his father was born in India. At the time of his birth, the UK had ETJ (extra-territorial jurisdiction) in the East African Protectorate so I think not everyone would have been a British subject.

His father would have become a CUKC by BNA 1948 12(1)(a) because he was born in what was, at the commencement of the act, Kenya Colony and would have been a citizen if section four of the act been in force at the time of his birth. He was not a "CUKC by descent only" because BNA 1948 12(8) specifies who is by "descent only" and 12(1)(a) is not included.

His father would have remained a CUKC after Kenya Independence Day and never become a citizen of Kenya because neither of his parents (your own father's paternal grandparents) were born in Kenya (they were born in India or possibly India and Uganda, you would need to show proof). Specifically, the Independence Constitution of Kenya states in 1(1):
"Every person who, having been born in Kenya, is on 11th December 1963 a citizen of the United Kingdom and Colones or a British protected person shall become a citizen of Kenya on 12th December 1963:
Provided that a person shall not become a citizen of Kenya by virtue of this subsection if neither of his parents were born in Kenya."

Your father would have been a CUKC by descent by BNA 1948 5(1).

Your father and mother married prior to IA 1971 coming into force so the ROA marriage provisions would apply to their marriage. (marriage certificate)

Your mother had right of abode through IA 1971 2(1)(a)(i). (You would have to show proof and since her father was born in England that would be his birth certificate, which is simple to order.)

If not for gender discrimination, your father would have had right of abode through IA 1971 2(2)(a). Here, note that CUKCs are also commonwealth citizens. You can see the guidance confirming that CUKCs are included in the meaning of Commonwealth Citizens for ROA from 2(2) at the link below, refer to page 5.
https://assets.publishing.service.go...t_of_abode.pdf

If not for gender discrimination, your father would have automatically become a British Citizen by BNA 1981 11(1) because he was a CUKC and would have had the right of abode under IA 1971.

IA 1971 2(2)(a) is unfair in light of the new Act because men and women were treated differently (wife of a man with ROA had ROA, husband of a woman with ROA did not). You will have to show that this argument conforms with their current guidance. They have two sets of examples:
https://www.gov.uk/government/public...ard-accessible
https://assets.publishing.service.go...stances_V2.pdf

In the second link, you will find Example 13 - man married to a CUKC woman. Note that the guidance including this example was published 14 October 22, while the first link was updated in 1 December 2022 and does not include this example. Example 13 is about a man who married a CUKC woman in 1975 whose father was born in the UK. The man was not a CUKC (unlike your father, also the marriage was after IA 1971). The applicant's argument in the example is that he would have been able to register as a CUKC under BNA 1948 6(2) if not for gender discrimination and presumably could have become a British Citizen by BNA 1981 8(1). The Home Office does not believe this claim should be allowed. They have this to say:
"Section 4L defines ‘historical legislative unfairness’ as including circumstances...This was generally intended to cover cases where people would have become British automatically rather than by registration or naturalisation."
"Section 4L predominantly seeks to address previous unfairness where women or their children missed out on citizenship."
"Section 6(2) of the 1948 Act reflected the then assumption that a woman’s status (my note: 'status' refers to citizenship) should follow that of her husband, which in turn, reflected the wider underlying policy that citizenship could only be acquired via the male line. We do not think it appropriate to replicate that position for men."

The Home Office believes, at least when the disadvantaged person is a husband of a British Citizen, that 4L intended to cover automatic claims and not those that rely on registration or naturalisation. So if a man can show that, if not for gender discrimination, he would have automatically become a British Citizen when BNA 1981 came into force - and without making use of any registration provision such as BNA 1948 6(2) - then the Home Office should approve the claim.

Your argument is that if not for gender discrimination, your father would have automatically become a British citizen by BNA 1981 11(1) since he would have had ROA by IA 1971 2(2)(a). His claim does not rely on a registration (such as BNA 1948 6(2)) or naturalisation provision and, therefore should be allowed under the caseworker guidance - because it's an automatic claim. It would be important to clearly note that this is not a BNA 1948 6(2) or BNA 1981 8(1) registration claim since they are currently denying spousal claims from men that rely on registration.

Also note that the example says 6(2) "reflected the wider policy that citizenship could only be acquired via the male line". Here you are not making an argument about BNA 1948 6(2) or citizenship at all. You are making an argument about ROA and this is not tied to that underlying assumption, it's gender discrimination in the legislation.

I could have neglected some issue, this is only a hobby of mine and I try to help where I can. You would need to submit documents as noted earlier. Since your father is older now and this is relatively novel, I would use an immigration advisor if he wants to move to the UK to avoid delays or denials. If it's just to have, then that's a different story.

BritInParis: Do you forsee any issues with this argument?

Last edited by jmin; Apr 4th 2023 at 12:43 pm.
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Old Apr 14th 2023, 12:24 am
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Default Re: British Citizenship by Discretion (CBR post 1982)

jmin , thanks for your detailed replies and being willing to help so freely! I'm sure you'd be out of the starting blocks right away if you offered your advice professionally.

There's plenty of homework here for me to get on with that will keep me busy for some time yet.

I don't foresee my parents making a permanent move right now (they're still active and involved in heaps over here), but that could look very different if my sisters and I all end up in the UK--and it would be great to have the peace of mind knowing that if my mother were to predecease my dad, he'd be free and able to join us without hindrance.

Thanks again!

In the meanwhile, will post updates here on my own application when I have news.
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Old May 8th 2023, 4:33 am
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Default Re: British Citizenship by Discretion (CBR post 1982)

Hi all

I have tried to read all the threads but a bit lost how to word my claim in this regard, as just changing father to mother does not seem to work. Some help would be really really appreciated.

Born: 1983 in South Africa
Mother born: 1944 in South Africa
My parents' marriage: 1979
Maternal grandfather born: 1919 in UK
Maternal grandmother born: 31 May in South Africa
Grandparents marriage: 1943

The only link to UK is through my grandfather, everyone else is SA based (my father, his parents)

Thanks,
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Old May 8th 2023, 5:49 am
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by shez83
Hi all

I have tried to read all the threads but a bit lost how to word my claim in this regard, as just changing father to mother does not seem to work. Some help would be really really appreciated.

Born: 1983 in South Africa
Mother born: 1944 in South Africa
My parents' marriage: 1979
Maternal grandfather born: 1919 in UK
Maternal grandmother born: 31 May in South Africa
Grandparents marriage: 1943

The only link to UK is through my grandfather, everyone else is SA based (my father, his parents)

Thanks,
My advice remains the same: British citizenship by descent- grandfather crown service
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Old Jun 11th 2023, 9:29 pm
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Default Re: British Citizenship by Discretion (CBR post 1982)

Hi again, I thought I'd post an update. Had the good news in an email on Friday that my application was successful!
I'll post an update once I hear back about citizenship ceremony etc., in the meanwhile here's a timeline:
  • Sent off my application by courier from Cape Town on 27 Oct 2023
  • Biometrics enrolment email received on 24 Nov 2023, did my biometrics on 28 Nov 2023
  • We sent an equiry on 25 May 2023 (after six months had passed) and received a reply on 1 June saying that they had received the application and apologised that it was taking longer than usual to be processed
  • Letter on 5 June to say that the application was successful

Last edited by WarrenZA; Jun 11th 2023 at 9:31 pm. Reason: Layout
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Old Jun 15th 2023, 1:25 am
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Default Re: British Citizenship by Discretion (CBR post 1982)

Hi,

Is it usual to have received no acknowledgment or invitation for biometrics or had any communication at all since my paperwork was delivered on the 25th of April?
How do I determine it is actually in progress and bit not unopened and just on a desk somewhere?
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Old Jun 15th 2023, 1:37 am
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by Snowy45
Hi,

Is it usual to have received no acknowledgment or invitation for biometrics or had any communication at all since my paperwork was delivered on the 25th of April?
How do I determine it is actually in progress and bit not unopened and just on a desk somewhere?

I submitted 21 March. Had an acknowledgement and payment after about 5 weeks. Then invite for biometrics 25 May, 8 weeks approx. Waiting for the decision and ceremony invite now.
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Old Jun 15th 2023, 3:23 am
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by aartsuk
I submitted 21 March. Had an acknowledgement and payment after about 5 weeks. Then invite for biometrics 25 May, 8 weeks approx. Waiting for the decision and ceremony invite now.
So I am almost at 8 weeks now and still waiting on biometrics invitation and payment. But based on your reply, it seems I must just wait it out. Don’t understand why it can’t be online submitted. Thanks for your feedback.
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Old Jul 22nd 2023, 6:57 pm
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Default Re: British Citizenship by Discretion (CBR post 1982)

I received the same email as OP regarding my eligibility claim, however, I am struggling to figure out which example my situation falls under, as laid out in the Guidance doc: Registration as a British citizen in special circumstances Version 2.0

Example 10 – grandmother born in the UK – cannot assume the family would have moved to the UK
Rachel’s grandmother was born in the UK in 1945. Her mother was born in the USA in 1965 and registered as a British citizen under section 4C in 2015, on the basis that she had a UK born mother. Rachel was born in Canada in 1996. Rachel claims that, had the law been different, her mother would have become a British citizen automatically and could have come to the UK when Rachel was a child, allowing Rachel to register as a British citizen under section 3(5) of the British Nationality Act 1981. Although historical legislative unfairness meant that Rachel’s mother did not become a British citizen automatically, it did not directly prevent Rachel from becoming one. Citizenship could not normally be passed on for more than one generation born abroad, and Rachel would not have been able to become a citizen had women previously been able to pass on citizenship. Whilst she maintains that her mother might have come to the UK had she been a citizen, that relies on hypothetical assumptions. She may be able to apply for a UK Ancestry visa to come to the UK.
OR

Example 14 – section 9 of the British Nationality Act 1981
Hanif was born in Belgium in 1985. His mother was a British citizen by descent. Section 9 of the British Nationality Act 1981 was a transitional provision that lasted for 5 years after the Act came into force on 1 January 1983. It continued the acquisition of citizenship by descent to a second generation, where a child’s birth was registered at a British consulate in a foreign country. A man who was a British citizen by descent could register his child’s birth at a consulate within 12 months of the birth, and the child would become a British citizen. If women had been able to pass on citizenship equally with men, Hanif could have become a British citizen through consular registration. Registration under section 4L might therefore be reasonable.
My situation is as follows:

My grandmother was a British-born citizen, moved to SA, and married a South African.
My mother born in SA in 1961, was not able to be registered at birth and later applied for citizenship under Section 4C in 2012 and immigrated shortly after.
I was born in SA in June 1987
My maternal uncles and aunts are all citizens
My brothers have IRL under ancestry route

My argument is that had it not been for gender discrimination, my mother would have been registered as a citizen at birth at a British consulate. Then, had it not been for gender discrimination, she would have been able to register me as a citizen at my birth in 1987.

Do I have a claim? Has anyone been successful on the basis of my argument above? If so, which bits of law would apply to me?
Any help would be really appreciated.

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Old Jul 22nd 2023, 7:52 pm
  #135  
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Default Re: British Citizenship by Discretion (CBR post 1982)

Originally Posted by MellySA
I received the same email as OP regarding my eligibility claim, however, I am struggling to figure out which example my situation falls under, as laid out in the Guidance doc: Registration as a British citizen in special circumstances Version 2.0

Example 10 – grandmother born in the UK – cannot assume the family would have moved to the UK
Rachel’s grandmother was born in the UK in 1945. Her mother was born in the USA in 1965 and registered as a British citizen under section 4C in 2015, on the basis that she had a UK born mother. Rachel was born in Canada in 1996. Rachel claims that, had the law been different, her mother would have become a British citizen automatically and could have come to the UK when Rachel was a child, allowing Rachel to register as a British citizen under section 3(5) of the British Nationality Act 1981. Although historical legislative unfairness meant that Rachel’s mother did not become a British citizen automatically, it did not directly prevent Rachel from becoming one. Citizenship could not normally be passed on for more than one generation born abroad, and Rachel would not have been able to become a citizen had women previously been able to pass on citizenship. Whilst she maintains that her mother might have come to the UK had she been a citizen, that relies on hypothetical assumptions. She may be able to apply for a UK Ancestry visa to come to the UK.
OR

Example 14 – section 9 of the British Nationality Act 1981
Hanif was born in Belgium in 1985. His mother was a British citizen by descent. Section 9 of the British Nationality Act 1981 was a transitional provision that lasted for 5 years after the Act came into force on 1 January 1983. It continued the acquisition of citizenship by descent to a second generation, where a child’s birth was registered at a British consulate in a foreign country. A man who was a British citizen by descent could register his child’s birth at a consulate within 12 months of the birth, and the child would become a British citizen. If women had been able to pass on citizenship equally with men, Hanif could have become a British citizen through consular registration. Registration under section 4L might therefore be reasonable.
My situation is as follows:

My grandmother was a British-born citizen, moved to SA, and married a South African.
My mother born in SA in 1961, was not able to be registered at birth and later applied for citizenship under Section 4C in 2012 and immigrated shortly after.
I was born in SA in June 1987
My maternal uncles and aunts are all citizens
My brothers have IRL under ancestry route

My argument is that had it not been for gender discrimination, my mother would have been registered as a citizen at birth at a British consulate. Then, had it not been for gender discrimination, she would have been able to register me as a citizen at my birth in 1987.

Do I have a claim? Has anyone been successful on the basis of my argument above? If so, which bits of law would apply to me?
Any help would be really appreciated.
Yes, you have a claim as long as the maternal grandmother was born in the modern day UK and islands (this is what you mean by 'British born'?).

Claim: If not for historical legislative unfairness/gender discrimination my mother could have registered me under BNA 1981 Section 9 (consular birth registration). I am therefore eligible to register as a British Citizen due to the recent changes in British Nationality Law (Section 4L of BNA 1981 which came into force on 28 June 2022).
  1. I was born in 1987 in South Africa.
  2. I was born during BNA 1981's transitional period for consular birth registrations (1983-1987). (Section 9 of BNA 1981)
  3. My mother, born in South Africa in 1961, could have been a British citizen by descent if not for gender discrimination (she subsequently acquired British citizenship after my birth - insert date - because the law changed to address this historical legislative unfairness through section 4C). Specifically, if not for gender discrimination she could have been a British citizen because her mother (my maternal grandmother) was born in the UK in (insert date).
  4. My maternal grandmother was born in the United Kingdom in the meaning used in BNA 1981 (birth within the United Kingdom and Islands - specifically where? England/Scotland/Wales/NI?)
  5. I would have had the right of abode under the test set out in section 9(1)(b) of BNA 1981 because my maternal grandmother was born in the United Kingdom (Immigration Act of 1971 section 2(1)(b)(ii)).
  6. I satisfy the test in section 9(2) of BNA 1981 because:
  • Immediately before the commencement of BNA 1981 my mother could have been a CUKC by descent if not for historical legislative unfairness/gender discrimination (Section 5 of the 1948 Act)
  • (Were your parents married? This part would be if they were married) My mother was married to my father (although whether or not they were married is immaterial as it is also historical legislative unfairness) - date of marriage was?
  • My mother was 'ordinarily resident' in a foreign country under the meaning of the 1948 Act (South Africa is a foreign country under the act from 31 May 1962 to 25 July 1994).
  • My mother would have become a British Citizen on commencement of BNA 1981 if not for historical legislative unfairness/gender discrimination (CUKCs by descent with a parent born in the UK became British Citizens on commencement by section 11(1) of BNA 1981).
For your application: Form ARD + guidance;
https://www.gov.uk/government/public...tizen-form-ard

Caseworker guidance (so you can read how a caseworker will approach these applications):
https://assets.publishing.service.go...cumstances.pdf

Here is the right to register under BNA 1981 9(1). Write up a statement that all references to a father are gender discrimination and that South Africa was a foreign country between 31 May 1962 to 25 July 1994 inclusive.

Right to registration by virtue of father's citizenship etc (emphasis mine).

(1)A person born in a foreign country (jmin note: South Africa is a foreign country under the act from 31 May 1962 to 25 July 1994) within five years after commencement (jmin note: this means through 1987) shall be entitled, on an application for his registration as a British citizen made within the period of twelve months from the date of the birth, to be registered as such a citizen if:

(a)the requirements specified in subsection (2) are fulfilled in the case of that person's father (Note: the use of father is gender discrimination); and

(b)had that person been born before commencement and become a citizen of the United Kingdom and Colonies by virtue of section 5 of the 1948 Act (citizenship by descent) as a result of the registration of his birth at a United Kingdom consulate under paragraph (b) of the proviso to section 5(1) of that Act, he would immediately before commencement have had the right of abode in the United Kingdom by virtue of section 2(1)(b) of the [1971 c. 77.] Immigration Act 1971 as then in force (connection with United Kingdom through parent or grandparent). (Note: you would have had right of abode from your maternal grandmother)

The test in BNA 1981 9(2)
The requirements referred to in subsection (1)(a) are that the father (NOTE: Gender Discrimination) of the person to whom the application relates

(a)immediately before commencement or at his death (whichever was earlier)

(i)was a citizen of the United Kingdom and Colonies by virtue of section 5 of the 1948 Act (citizenship by descent) (Note: If not for gender discrimination) or was a person who, under any provision of the British Nationality Acts 1948 to 1965 was deemed for the purposes of the proviso to section 5(1) of the 1948 Act to be a citizen of the United Kingdom and Colonies by descent only ; and

(ii)was married to that person's mother ; and

(iii)was ordinarily resident in a foreign country (no matter which) within the meaning of the 1948 Act; and

(b)either

(i)became a British citizen at commencement and remained such a citizen throughout the period from commencement to the date of the application (Note: Would have become a British Citizen if not for gender discrimination) or, if he died during that period, throughout the period from commencement to his death ; or

(ii)would have become a British citizen at commencement but for his death.

Last edited by jmin; Jul 22nd 2023 at 7:55 pm.
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