United Kingdom - Passport & Nationality - NEW - British Citizenship (British Overseas Territory GP by Discretion FC) Post 82
The UK Government entered into a treaty with the United Nations some years ago to enshrine equal rights for women. Included in the Treaty is the right for their children (and potentially, their grandchildren) to acquire her citizenship by descent on the same terms as if such a right had come down the paternal side of the family. While the UK has passed legislation to allow such claims, the Home Office has still 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 existing stance of the UK Government therefore did not fully address gender discrimination in relation to citizenship applications.
Philip Gamble, founder and our Senior Partner and widely regarded as the world's leading British nationality expert on the subject, made representations to the Parliamentary sub-committee that look into this issue. The new legislation 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 - an applicant would (or could) have British nationality in the modern day.
As a result, the following key requirements needs to be met:
- Applicant born in what was defined as a "Foreign Country";
- Applicant born between 1 January 1983 and 31 December 1987;
- Grandparent born in a British Overseas Territory.
Had the law been gender-equal, the applicant could have been registered as a British citizen in the years after 1982. This would be a discretionary registeration, and can only go ahead when new legislation is passed to remedy the gender discrimination in the old law.