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

The UK Government entered into a treaty with the United Nations some years ago to enshrine equal rights for women, and to treat men and women equally. While the UK has passed legislation to allow such claims, the Home Office has to date interpreted this legislation in relation to the first generation (i.e. parents) and not to the second generation (i.e. grandparents), and to ignore the rights that could have been granted from husband to wife and vice versa. So 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 - a person would (or could) have British nationality in the modern day. And if that was indeed the case, it should therefore follow that had this person married before 1 January 1983, then their partner could have been registered as a British citizen. An application to register as a British citizen should be successful based on a marriage before this date. While the theory is complex, this solution broadly requires the following:

 - Date of marriage before 1983;

 - One of the partners to the marriage could (or should) have been a British citizen had it not been for gender inequality in the old law; AND

 - This right to British nationality arises from a parent's birth ina British Overseas Territory.

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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.