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Question about ARD, UK grandmother, minor child, & US naturalization in 1940s

Question about ARD, UK grandmother, minor child, & US naturalization in 1940s

Old Nov 8th 2023, 10:38 pm
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Default Question about ARD, UK grandmother, minor child, & US naturalization in 1940s

Hello. Posting this question for someone else ("Amy"). Amy would like to register as a UK citizen via her UK-born grandmother using form ARD, but has a question about her mother's claim to citizenship because of grandmother's naturalization in the 1940s.

The people in question:
1. Amy - born in US in 1964 to mother Bonnie
2. Bonnie born in US in 1939 to mother Carol
3. Carol born in Scotland in 1918 (British subject)

Carol immigrated to the US in 1922, married in 1938 to an American, and gave birth to Bonnie in 1939. Carol then naturalized in 1943 as a US citizen.

If not for gender discrimination, Bonnie would have been a citizen by descent at birth (correct?). Would her mother's naturalization in 1943 have removed that citizenship for Bonnie?

Thank you!

Last edited by Glassybell; Nov 8th 2023 at 10:58 pm.
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Old Nov 12th 2023, 1:09 am
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Default Re: Question about ARD, UK grandmother, minor child, & US naturalization in 1940

As a married woman, Carol would have not lost her British citizenship in 1943.
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Old Nov 12th 2023, 2:52 am
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Default Re: Question about ARD, UK grandmother, minor child, & US naturalization in 1940

Originally Posted by BritInParis
As a married woman, Carol would have not lost her British citizenship in 1943.
Thank you so much. Can you point me to what law would have said she would not have lost her citizenship? Amy will I assume need to refer to it in her application and I've been unable to find it on my own.

Also, IAS claimed that Amy's application would be "unlikely" to be successful because "at the time that Bonnie was born, the UK & US did not recognize dual citizenship, so even if the law had allowed Carol to register Bonnie as a UK citizen upon birth, it is impossible to prove whether Bonnie would have renounced her US citizenship and remained a UK citizen when Amy was born." This seemed wrong to me because the 1948 BNA allows for dual citizenship, from what I understand. Is IAS wrong here?

Thank you!
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Old Nov 12th 2023, 11:59 pm
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Default Re: Question about ARD, UK grandmother, minor child, & US naturalization in 1940

Certainly. It’s probably the most notorious paragraph in British nationality law! (My emphasis)

S.13 BNA 1914

“A British subject who, when in any foreign state and not under disability, by obtaining a certificate of naturalization or by any other voluntary and formal act, becomes naturalized therein, shall thenceforth be deemed to have ceased to be a British subject.”
S.26(1) BNA 1914

“In this Act, unless the context otherwise requires,—
[…]
The expression " disability " means the status of being a married woman, or a minor, lunatic, or idiot

Regarding dual nationality, this was restricted before the commencement of BNA 1948, but only when naturalising as per S.13 above.

Last edited by BritInParis; Nov 13th 2023 at 12:22 am.
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Old Nov 13th 2023, 12:12 am
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Default Re: Question about ARD, UK grandmother, minor child, & US naturalization in 1940

Originally Posted by BritInParis
Certainly. It’s probably the most notorious paragraph in British nationality law! (My emphasis)






Regarding dual nationality, this was restricted before the commencement of BNA 1948, but only when naturalising as per S.13 above.
Wow, glad I asked - I would have never thought to look up the under disability part because who even assumes that might mean a married woman! Thank you once again! I will share this with Amy and I am sure she will be very happy with this news.
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Old Nov 23rd 2023, 9:16 pm
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Default Re: Question about ARD, UK grandmother, minor child, & US naturalization in 1940

This scenario is very similar to my own. On the ARD, the answer to item 1.1 is clearly yes (historical legislative unfairness). But I am fuzzy on items 1.4(a) and 1.4(b). Since my UK-born grandmother did not lose her UK citizenship when she married, that means my mother (born in 1939) would have inherited citizenship if not for historical unfairness, and been able to pass it down to me. Seems like the wording on either 1.4(a) or 1.4(b) would be applicable, but I have been advised not to check Yes on either. Thoughts?
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Old Nov 29th 2023, 11:51 am
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Default Re: Question about ARD, UK grandmother, minor child, & US naturalization in 1940

Also, children born outside the UK before 1 January 1983 to British mothers could not get citizenship from their mothers.

They can now register using the UKF application from if they qualify.


Last edited by Akias1; Nov 29th 2023 at 11:56 am. Reason: correction
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Old Nov 29th 2023, 6:25 pm
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Default Re: Question about ARD, UK grandmother, minor child, & US naturalization in 1940

What? Do you mean UKM? In this case it would be form ARD.
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Old Nov 29th 2023, 8:15 pm
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Default Re: Question about ARD, UK grandmother, minor child, & US naturalization in 1940

Originally Posted by Glassybell
What? Do you mean UKM? In this case it would be form ARD.
Apologies, UKM.
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Old Nov 29th 2023, 10:59 pm
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Default Re: Question about ARD, UK grandmother, minor child, & US naturalization in 1940

Originally Posted by RichardRorty
This scenario is very similar to my own. On the ARD, the answer to item 1.1 is clearly yes (historical legislative unfairness). But I am fuzzy on items 1.4(a) and 1.4(b). Since my UK-born grandmother did not lose her UK citizenship when she married, that means my mother (born in 1939) would have inherited citizenship if not for historical unfairness, and been able to pass it down to me. Seems like the wording on either 1.4(a) or 1.4(b) would be applicable, but I have been advised not to check Yes on either. Thoughts?
What year were you born and in which country?
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