Eligibility for British Citizenship - query
 

I'm currently in the UK on an ancestry visa with my unmarried partner as a dependant.

I was recently made aware that I could claim British citizenship by descent. Sable advised me:
The good news is that you fall into the "LIKELY" category.This new solution has arisen in February 2024, following extensive research of the drafting of the British Nationality Act 1981 and the purpose of specific clauses therein.

The UK Government entered into a treaty with the United Nations some years ago to enshrine equal rights for women and children. Included in the Treaty is the right for their children (and potentially, their grandchildren) to acquire citizenship by descent on the same terms as if such a right had come down the paternal side of the family. Equally, any discrimination against children born out of wedlock must be addressed. While the UK had previously passed legislation to allow such claims, the Home Office has interpreted this legislation in relation to making claims to British Nationality by descent to be effective only for those born in the first generation. The historic legislative framework of the UK therefore did not fully address gender discrimination in relation to citizenship applications.

It was only in 1983 that the issue of gender discrimination in British nationality law was addressed for the first time. However, there remained many areas in the law that were not taken into account, and several further changes have been made in the years since 1983 to remedy these. But the complexities of the old laws, and the legacy of the British colonial empire, meant that instances of unfairness still remained. Based on your family tree, it appears that a potential application under the new discretionary laws would be successful. While the theory is complex, this solution broadly requires the following:

- Applicant born in a qualifying country (which includes South Africa and the United States);
- Applicant born between 1 January 1983 and 31 December 1987; AND
- Applicant's paternal grandfather was born in the UK.

* I was born in Nov 1986 in South Africa, my mom has British Citizenship via her dad
* My paternal grandfather was born in Cheshire on 31 Jan 1921
* My paternal grandmother was born in Portsmouth on 7 August 1922

Is this enough info? I'm not sure what other details would be required to check my eligibility, if you could please point me in the right direction. Thanks!

Re: Eligibility for British Citizenship - query
 

Where was your mother born?

Re: Eligibility for British Citizenship - query
 

She was born in Gwelo in 1963, in then Rhodesia.

Re: Eligibility for British Citizenship - query
 

You definitely have a Section 4L registration claim but I’m wondering whether the Rhodesian connection means you may have an automatic claim. I’ll need to do some research.

Re: Eligibility for British Citizenship - query
 

Thanks for checking, I really appreciate it!

If, by chance, I do qualify for a Section 4L or the automatic claim, how would my long-term, unmarried partner be affected? Will she need a new visa? Sable think there's a loophole where she can apply for ILR and citizenship immediately.

She has no UK bloodline.

Re: Eligibility for British Citizenship - query
 

Assuming you are only eligible for Section 4L registration, there is a unique loophole where she’ll become instantly eligible for ILR once you become a British citizen. She’ll still need five years residence to naturalise as a British citizen unless you marry in the meantime in which she’ll only need three years.

Re: Eligibility for British Citizenship - query
 

Thank you for taking the time to reply, I appreciate it

Re: Eligibility for British Citizenship - query
 

So I'm not immediately seeing an automatic claim for you but a Section 4L application should be pretty straightforward. Unfortunately as you were born between 1983 and 1988 then you'll need to pay the full registration fee of £1,576.

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

If you scroll down to the bottom of this page, you'll see a number of case studies. The relevant one for you would be Example 14.

Re: Eligibility for British Citizenship - query
 

Thank you so much for checking the details for me, I appreciate it!
Would I need to argue my case in the application, or would Home Office just accept the necessary documents?

Re: Eligibility for British Citizenship - query
 

You would need to argue your case. I can give you some wording to use once you are ready to apply.

Re: Eligibility for British Citizenship - query
 

Could you elaborate a bit more on this unique loophole? I also was just able to register via section 4l, and am curious if there are options for my wife to be eligible for ILR? My ceremony is next month. Thank you so much BritInParis !

Re: Eligibility for British Citizenship - query
 

Is this loophole something specific to OP and where they were born, etc. or is it available to all 4L cases? I'm assuming the former but hoping the latter!!

Re: Eligibility for British Citizenship - query
 

The loophole is because the OP’s partner is on a UK Ancestry dependant visa. As soon as the OP becomes a British citizen, the partner will become eligible for ILR, regardless of the length of time she has been living in the UK.

Quote:

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If you’re already settled in the UK (with either indefinite leave to remain or British citizenship), your partner and children can apply for indefinite leave to remain as long as your last visa was a UK Ancestry visa. They must already be in the UK.

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https://www.gov.uk/ancestry-visa/ind...eave-to-remain