United Kingdom - flag United Kingdom - Passport & Nationality - NEW - British Citizenship by Discretion (Pre 49 Marriage)

After 1948 and prior to 1983, British Citizenship could only be passed two generations by Descent from a UK-born paternal grandfather. From 1983 onwards, this was extended to include descent from a UK-born maternal grandfather. However, gender disrimination still persisted, and claims have been restricted for those with a mother with links back to the UK.

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.

Broadly, this solution requires the following:

  - Candidate married before 1 January 1949 outside of the Crowns Dominions; AND

 - The candidate has the Right of Abode through marriage a UK or Irish born grandparent.


Ask Philip Gamble whether you (or your children) have a claim to British nationality.

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.