Hi everyone,

I am looking for some guidance on a potential application for British citizenship under Section 4L (Form ARD) based on historical legislative unfairness. Here are my facts:

• Grandmother: Born in Wallasey, UK in 1926 (British otherwise than by descent).

• Father: Born in Spain in 1957. He was the son of a British mother and a Spanish father.

• Parents' Marriage: They married in 1988 (Spain).

• Myself: Born in June 1992 in Spain.

• Key Event: My father passed away in May 2022, exactly one month before Section 4L came into force.

My Argument:

I believe that had the law not been discriminatory towards women in 1957, my father would have been a British citizen from birth. Consequently, he would have had the right to register me as a British citizen under Section 3(2) of the BNA 1981 before I turned 18.

My questions for the experts:

1. Does my birth in 1992 (Post-1983) make this case significantly more difficult under Section 4L?

2. Does the fact that my father passed away just before the new law was enacted strengthen my claim for "historical legislative unfairness"?

3. Are there any successful precedents for grandchildren born in the 90s under this specific path (Section 4L/ARD)?

I have the original birth certificate of my grandmother from the GRO and all marriage/birth/death records translated into English.

Thank you in advance for your help!

1. Your birth post-1988 does make it significantly more difficult I'm afraid.

2. It makes no difference.

3. It's possible - see Example 19 - but you need to provide evidence that your father lived in the UK for at least three consecutive years before you were born or he lived with you in the UK for at least three consecutive years before you turned 18.

Also you are ignoring the fact your Dad could have registered via 4C starting in 2003 so if he wanted UK citizenship there was path for him 19 years prior to 4L.

Not that it makes a difference to the OP’s situation, but his father was born before 1961, so he wouldn’t have been eligible to register under Section 4C when it was introduced in 2003, as it only applied to people born between 7 February 1961 and 31 December 1982. The 1961 cut-off was removed in 2010, which is when someone in his position could first have registered, so about 12 years, not 19.

Ah thank you. So many twists and turns in British nationality law.