United Kingdom - Passport & Nationality - NEW - British Citizenship by Discretion (4L British Overseas Territory GP by Discretion FC)

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 looked 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 a "Foreign Country" before 1 January 1983.; AND

 - Grandparent born in a British Overseas Territory.

The applicant would have become a Citizens of the UK & Colonies if their birth had been registered. On 1 January 1983, the applicant would have become a British Dependent Territory citizen, later a British Overseas Territory citizen and become a British citizen in 2002. This would be a discretionary registeration to remedy the gender discrimination in the old law.

PLEASE NOTE: If such an applicant has any children under the age of 18, then these children could be registered as British citizens.