United Kingdom - Passport & Nationality - NEW - British Citizenship by Discretion (CBR post 1982 - Mother illegitimate) CCh1
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 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.
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, 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. Based on your family tree, it appears that such an application would be successful. While the theory is complex, this solution broadly requires the following:
- Child born in a qualifying country;
- Child born between 1 January 1983 and 31 December 1987;
- Child's mother was (or could have been) a British citizen because one of her parents was born in the UK; AND
- Child's parents were not married at the time when the child was born.
PLEASE NOTE: If such an applicant has any children under the age of 18, then these children could be registered as British citizens.