United Kingdom - flag United Kingdom - Passport & Nationality - British Citizenship by Discretion (Marriage pre 1983 Wife)

The UK Government entered into a treaty with the United Nations some years ago to enshrine equal rights for women, and to treat men and women equally. While the UK has passed legislation to allow such claims, the Home Office has interpreted this legislation in relation to marriage as still being from a man to a woman and not the other way round. So the existing stance of the UK Government 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 remain today.

Philip Gamble, founder and our Senior Partner and widely regarded as the world's leading British nationality expert on the subject, has made representations to the Parliamentary sub-committee that is looking into this issue. The draft legislation that he has seen appears to properly address the unfairness of the older law. Accordingly, it should be possible to lodge an application if one can demonstrate that - had it not been for gender discrimination in the old law - a wife would (or could) have British nationality in the modern day. Based on your family tree, it appears that such an application would be successful based on her marriage to a British man. While the theory is complex, this solution broadly requires the following:

 - Date of marriage before 1983

 - Husband's mother (i.e. the wife's mother-in-law) born in the UK

PLEASE NOTE: We expect this change to become effective in the latter part of 2021 or early 2022. However, we will be taking on cases now on a strictly first-come, first-serve basis in anticipation of the change in law. This is because we will include a formal assessment of her nationality status and an opinion on the likely success of her application, as well as setting out the documents that the home Office will require.

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Ask Philip Gamble whether you (or your children) have a claim to British nationality.

ASK PHILIP GAMBLE NOW!
Learn more about these routes to British Nationality:

WhatPassport.com is a specialist UK Nationality and British Citizenship site offering an online search and assessment. Claims to hold a British Passport can be complex and the site offers a quick, simple search to give you the answers. While many people qualify for the UK Ancestry Visa based on holding a Commonwealth passport with a UK born grandmother or grandfather, we have found that if you have a grandparent born in the UK, or if your mother is British or your father is British, then there are several scenarios where you can claim British Nationality and the right to hold a British Passport. This stems from Britain’s collection of British Colonies, British Protectorates and British Protected States in the middle of last century and the Nationality rules concerning what are now the countries of the Commonwealth.

WhatPassport.com is a subsidiary of Sable International.

Sable International offers a range of services relating to UK and Australian immigration. For over 20 years, we have been helping people with their UK and Australian visa applications. We assist with applications for Ancestry visas, spouse visas, work visas, Tier 1 visas, UK working holiday visas, UK dependant visas, Tier 4 visas, UK Visitor visas, sponsorship visas or UK permanent residency or indefinite leave to remain. We also specialise in UK visa extensions. If you’ve overstayed your visa, our Overstayer Status Trace service can assist to regularise your visa status.