Citizenship - mother and father both British by descent

Old Aug 21st 2018, 8:58 pm
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Default Re: Citizenship - mother and father both British by descent

Originally Posted by Brisbanebrit
That's ok Spouse of Scouse, it helps me learn too, to clarify then (I am stressed and sleep deprived) our difference is that the british citizenship was passed through my husband's maternal line but your paternal line and that is what the new law redresses, the gender inequity of the old laws?
That’s correct. SoS’s father had the opportunity to register her but did not so she’s out of luck. The law prevented your mother-in-law from registering your husband and so, whether she was even aware of the possibility, your husband can now register to gain retrospectively what was previously denied him by the gender imbalance in the law.
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Old Aug 21st 2018, 10:25 pm
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Default Re: Citizenship - mother and father both British by descent

Originally Posted by spouse of scouse
It helps a lot, and you're a love. Thanks for taking the time.
Originally Posted by BritInParis
That’s correct. SoS’s father had the opportunity to register her but did not so she’s out of luck. The law prevented your mother-in-law from registering your husband and so, whether she was even aware of the possibility, your husband can now register to gain retrospectively what was previously denied him by the gender imbalance in the law.
And finally, does it matter that his father could've registered him also being British by descent from his mother? Or he couldn't have been registered either because his mother couldn't have legally registered him?
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Old Aug 21st 2018, 10:37 pm
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Default Re: Citizenship - mother and father both British by descent

Originally Posted by Brisbanebrit
And finally, does it matter that his father could've registered him also being British by descent from his mother? Or he couldn't have been registered either because his mother couldn't have legally registered him?
The latter. The dice have landed in your favour for this one.
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Old Aug 22nd 2018, 12:51 am
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Default Re: Citizenship - mother and father both British by descent

If the dice had to fall in anyone's favour, I'm glad it's yours Brisbanebrit! All that money and stress saved, no more visa applications, it's something to celebrate. Isn't our Brit in Paris the absolute bee's knees, BE is beyond lucky to have him.

British citizenship would be a bit superfluous to me now - I had a spouse visa and my Brit husband and I lived in the UK for a couple of years. I loved it but he couldn't hack the winters, so we returned to Australia last week. I wish you and your family every happiness.
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Old Aug 22nd 2018, 2:28 am
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Default Re: Citizenship - mother and father both British by descent

Originally Posted by spouse of scouse
If the dice had to fall in anyone's favour, I'm glad it's yours Brisbanebrit! All that money and stress saved, no more visa applications, it's something to celebrate. Isn't our Brit in Paris the absolute bee's knees, BE is beyond lucky to have him.

British citizenship would be a bit superfluous to me now - I had a spouse visa and my Brit husband and I lived in the UK for a couple of years. I loved it but he couldn't hack the winters, so we returned to Australia last week. I wish you and your family every happiness.
Thank you! My husband can't quite believe it, he keeps saying there must be a catch, I keep saying it's a gift, it's a gift like a lunatic. He's nervous about withdrawing the application for spouse so I'm just going to let it settle with him for a few hours.

Hopefully I will update soon with some good news. God knows we deserve it.

Good luck back in Oz. We love it here, but it's hard going with small kids and limited family around. At least now we have the potential luxury and security of a passport.

Thank you to both of you, truly.
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Old Aug 22nd 2018, 9:17 am
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Default Re: Citizenship - mother and father both British by descent

Originally Posted by Brisbanebrit
Thank you! My husband can't quite believe it, he keeps saying there must be a catch, I keep saying it's a gift, it's a gift like a lunatic. He's nervous about withdrawing the application for spouse so I'm just going to let it settle with him for a few hours.

Hopefully I will update soon with some good news. God knows we deserve it.

Good luck back in Oz. We love it here, but it's hard going with small kids and limited family around. At least now we have the potential luxury and security of a passport.

Thank you to both of you, truly.
You are very welcome. If your husband is nervous about withdrawing the spouse application then just remind him that even if, for some unknown reason, his citizenship application is rejected he won’t lose any money and he will still be able to go ahead with a UK Ancestry visa application as before which will be better than a spouse visa in the long run.
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Old Aug 23rd 2018, 3:33 am
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Default Re: Citizenship - mother and father both British by descent

So as you can see from the timeline we were too late to withdraw, but we are just super pleased to be going back. We will go for citizenship when we get back and if not, we will transfer to an ancestry.

​​​​​​I'll update as our visa journey progresses!
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