Tlk1677

Hi, I've been reading the forum and wanted to know what I need to do for UK citizenship.

• I was born in the US in 1977
• My mom was born in the US in 1956
• My parents were married in 1976
• My Maternal grandma was born in Leeds England in 1939 and was married to my grandpa when my mom was born.
• My Maternal grandpap was American
• My dads side of the family has no UK ties.

What would be the best way to apply if I'm elegible? Also I have a 6 year old son, could he apply for citizenship?

TIA

BritInParis

It would appear that you are eligible to apply to be registered as a British citizen using Form ARD. Your son does not appear to have a claim however.

https://www.gov.uk/apply-citizenship...-circumstances

Tlk1677

Thanks for answering my questions. I don't see in the link you provided a list of documents I will need to supply. Is there one? Also on the ARD form I'm not sure how to answer questions 1.1 -1.4.

BritInParis

As a minimum you should be providing your birth certificate, your mother’s birth and marriage certificates and your grandmother’s birth and marriage certificates plus a copy of your US passport.

If you have access to your grandmother’s British passport, whether valid or expired, then you should also include this. If any names do not track across any documents then the relevant additional documents should also be provided (additional marriage certificates, decree absolutes, deed polls, etc..)

All documents should be original however for valid passports I would only send good quality colour photocopies with an accompanying note stating that the original has been retained for travel purposes but is available on request.

You should answer the questions as follows:

1.1 - Yes
1.2 - No
1.3 - No
1.4(a) - No
1.4(b) - Yes

When completing the box regarding historical unfairness you should lay out that, had the law at the time treated men and women equally, then your mother would’ve automatically become a CUKC by descent under S.5(1) BNA 1948 and that being so she would’ve been able to register your birth with a British consulate within one year of your birth thus making you a CUKC under S.5(1)(b) BNA 1948.

Subsequently as a CUKC with right of abode in the UK under S.2(1)(b)(ii) of the Immigration Act 1971 (UK-born grandparent) you would’ve automatically become a British citizen on 1 January 1983 under S.11(1) BNA 1981.

Tlk1677

Wow thank you for all of that!!! Thank helps so much.

spouse of scouse

Love ya BiP

Tlk1677

Another question. My Mom wants to register and so does my sister. Can we submit our forms together since they need the same documentation included? What about passports?

Also does anyone know of any tax implications of being a citizen of UK and the US?

Thank you for all of the help.

BritInParis

Your mother will need to submit a different form - Form UKM - as her eligibility falls under a pre-existing piece of legislation, Section 4C BNA 1981. As she will be submitting an online application and you will be completing a paper form it may be advisable for your mother to apply first and for you and your sister to apply together afterwards and include both forms in the same envelope with your supporting documentation.

I would advise sending only colour photocopies of your US passports and state that the originals have been retained for travel purposes but can be made available on request.

Tax legislation is complex and not my area of expertise but broadly speaking there is no tax implication of becoming a British citizen whilst residing in the US, e.g. there is no reporting requirement as there is for US expats.

Tlk1677

BritInParis Thank you for all the help. I'm looking over the documentation needed for the UKM and it's asking for:

• Your passport - We have
• Your full birth certificate (one which includes the name of your parent(s), (which should be requested from the relevant authorities in your country of origin), - We have
• Your mother’s full birth certificate, and either We have

I don't have any of this information. Will it be needed?

• Her certificate of naturalisation or registration as a citizen of the United Kingdom and Colonies (or, before 1 January 1949, as a British subject), or
• Papers showing her legal adoption, or
• Her expired citizen of the United Kingdom and Colonies passport

My moms mom was born in the UK and I have her UK birth certificate.

thanks again for the help.

BritInParis

No requirement for those providing you can provide your grandmother’s full UK birth certificate, i.e. it lists her parents’ details.

Tlk1677

Hi everyone,

Has anything changed with the rules for form ARD? I finally have all the documents I need to apply. TIA.

jmin

No, go ahead and submit your application.

Tlk1677

Does the info I provided below work? The first 2 paragraphs are from BritinParis, and the rest I modified from someone else. The first 2 paragraphs I am going to add to the application, and the rest I'm going to attach as a cover letter. Anything I need to add or take out? TIA. When completing the box regarding historical unfairness you should lay out that, had the law at the time treated men and women equally, then your mother would’ve automatically become a CUKC by descent under S.5(1) BNA 1948 and that being so she would’ve been able to register your birth with a British consulate within one year of your birth thus making you a CUKC under S.5(1)(b) BNA 1948.

Subsequently as a CUKC with right of abode in the UK under S.2(1)(b)(ii) of the Immigration Act 1971 (UK-born grandparent) you would’ve automatically become a British citizen on 1 January 1983 under S.11(1) BNA 1981.

Cover Letter:
Claim: If not for historical legislative unfairness/gender discrimination my mother could have registered me at birth as a British citizen by descent under Section 5(1)(b) of the 1948 British Nationality Act (consular birth registration). I am therefore now eligible to register as a British citizen due to the recent changes in to BNA 1981, specifically Section 4L and Section 4C(3D), as well as Section 4C (1), (2), (3), (3A), and (4) of the BNA 1981.

1. I was born in 1977 in a foreign country (USA).

2. I was born during the period of consular birth registrations for foreign births (Section 5(1)(b) of the BNA 1948).

3. My maternal grandmother was born in the United Kingdom in the meaning used in the BNA 1981 (birth within the United Kingdom and Islands – specifically England).

4. My mother, born in a foreign country (USA) in 1956, could have been a British citizen by descent if not for historical legislative unfairness/gender discrimination. Specifically, if not for gender discrimination she could have been a British citizen by descent because her mother (my maternal grandmother) was a British citizen born in England in 1939 (Section 5(1) of the BNA 1948).

5. If not for historical legislative unfairness/gender discrimination (Section 5(1)(b) of the 1948 Act), my mother could have registered my birth with the UK consulate making me a British citizen by descent when I was born in 1977; Section 4C(3D) of the BNA 1981 specifies that the requirement of consular birth registration in Section 5(1)(b) of the 1948 Act “is to be ignored.

6. I would have had the right of abode under the test set out in section 4C(4) of the BNA 1981 because:

• my maternal grandmother was born in the United Kingdom (England) (Immigration Act of 1971 section 2(1)(b)(ii))
• if not for historical legislative unfairness/gender discrimination (Section 5(1) of the 1948 Act), my mother could have been a CUKC by descent through her mother and would have been a CUKC by descent at my birth in 1977 (Immigration Act of 1971 section 2(1)(b)).
• if not for historical legislative unfairness/gender discrimination (Section 5(1)(b) of the 1948 Act), my mother could have registered by birth with the UK consulate making me a CUKC by descent when I was born in 1977; Section 4C(3D) of the BNA 1981 specifies that the requirement of consular birth registration in Section 5(1)(b) of the 1948 Act “is to be ignored.”
• if not for historical legislative unfairness/gender discrimination (Section 5(1)(b) of the 1948 Act), I would have been a CUKC by descent in 1977, born to a CUKC by descent (mother), who was born to a CUKC (maternal grandmother) and I would have had right of abode immediately before 1st January 1983.