United Kingdom - Passport & Nationality - NEW - British Citizenship by Discretion (CBR post 1982 Mother)
This solution is potentially applicable to your mother. Because your Family Tree does not indicate where either of her grandmothers (or her maternal grandfather) were born, and when her parents were married, we cannot be sure whether this solution applies to her. If any of these grandparents WERE indeed born in the UK, then she appears to qualify for this solution. We can confirm that your mother was born in a qualifying country and in the right date range.
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, has made representations to the Parliamentary sub-committee that is looking into resolving this issue. The draft legislation that he has seen 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 - your mother 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:
- Mother born in a qualifying country
- Mother born between 1 January 1983 and 31 December 1987
- Mother's parents married before 1 January 1983
- Mother's grandparent (either of her grandmothers or her maternal grandfather) born in the UK
- Mother's paternal grandfather born outside of the UK
PLEASE NOTE: This law gained Royal Assent on Thursday 28 April 2022, and is expected to become effective in the months following this date (around October 2022). However, we will be taking on cases now on a strictly first-come, first-serve basis in anticipation of this implementation date. This is because we will include a formal assessment of the applicant´s nationality status and an opinion on the likely success of their application, as well as setting out the documents that the home Office will require.