United Kingdom - Passport & Nationality - British Citizenship by Double Descent (Grandmother)
The UK Government entered into a treaty with the United Nations some years ago ensuring equal rights for women. Included in the Treaty is the right for the child of a woman to acquire her citizenship by descent on the same terms as from the father. Accordingly, the UK passed legislation to allow claims for persons born to UK Citizen mothers who had been previously unable to claim British Nationality in the female line.
The UK Government presently interprets the existing legislation in relation to making claims to British Nationality by descent in the female line as to be effective only for those born in the first generation by descent from a mother holding UK Citizenship. It therefore follows that those who would wish to make a claim because one of their parents would have acquired British Nationality from their mother had the law been gender equal at the time, cannot succeed. The existing stance of the UK Government therefore does not fully address gender discrimination in relation to citizenship applications and we are making attempts to remedy this.
If our efforts prove successful, it should benefit those in the following situation:
a) born in a foreign country (which includes South Africa, but only between 31 May 1962 and 31 December 1982. It also includes the United States and most European countries);
b) born between 1 January 1949 and 31 December 1982; AND
c) their grandmother (on either side of the family) was born in the UK or Northern Ireland.
The circumstances become more complicated if a) you (or your relevant parent) were born out of wedlock or b) your paternal grandfather was born in the UK.
THIS IS AN UNTESTED THEORY AT THIS STAGE AND WE HAVE BEGUN THE PROCESS OF ESTABLISHING THE PRINCIPLE. AT THIS STAGE, IT IS NOT ADVISABLE TO LODGE AN APPLICATION FOR REGISTRATION AS A BRITISH CITIZEN ON THESE GROUNDS ALONE. WE ADVISE YOU TO SIMPLY KEEP IN REGULAR CONTACT WITH OUR TEAM OF AVISORS ON AN ANNUAL BASIS AND WE WILL ALERT YOU TO ANY DEVELOPMENTS AS THEY ARISE.