United Kingdom - Passport & Nationality - NEW - British Citizenship by Double Descent (Age Discretion - Sec 3(2)) Parents
This solution requires a key piece of information - one of the applicant's parents having spent 3 years in the UK before the applicant's birth.
New legislation that looks to remedy historical unfairness in the older nationality law gained Royal Assent on 28 April 2022. While this is predominantly intended to address gender unfairness, it also includes ANY unfairness in the old law. One such area was a child registration that could only take place before the child's first birthday. This was subsequently changed (in 2010) to make it possible to do so before the child's 18th birthday. We would argue that the reason for the change was that it unfair to only allow such a brief period of time to complete the registration.
Accordingly, it should be possible to lodge an application if one can demonstrate that an applicant would (or could) have British nationality in the modern day had the candidate been under 18 years of age at the time, rather than under the one in the years before 2009. 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:
- Candidate's birth between 1 January 1983 and 31 December 2009;
- the candidate is now at least 18 years old;
- One of the candidate's parents spent at least three years in the UK before the candidate's birth;
- The candidate's grandparent was born in the UK.