United Kingdom - flag United Kingdom - Passport & Nationality - NEW - British Citizenship by Discretion (4L Post 82 - PGF BOTC)

This new solution has arisen in February 2024, following extensive research of the drafting of the British Nationality Act 1981 and the purpose of specific clauses therein.

The UK Government entered into a treaty with the United Nations some years ago to enshrine equal rights for women and children. Included in the Treaty is the right for their children (and potentially, their grandchildren) to acquire citizenship by descent on the same terms as if such a right had come down the paternal side of the family. Equally, any discrimination against children born out of wedlock must be addressed.  While the UK had previously passed legislation to allow such claims, the Home Office has 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 historic legislative framework of the UK 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 remained.

Further new legislation was proposed and 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 resulting new legislation now gives the Home Office a wide discretion to apply common sense to addressing historic legislative unfairness. Based on your family tree, it appears that a potential application under the new discretionary laws would be successful. While the theory is complex, this solution broadly requires the following:

 - Applicant born in a qualifying country (which includes South Africa and the United States);
 - Applicant born between 1 January 1983 and 31 December 1987;
 - Applicant's parents were married after 31 December 1982 (or were never married at all); AND
 - Applicant's paternal grandfather was born in a British Overseas Territory.

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

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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.