United Kingdom - Passport & Nationality - NEW - British Citizenship by Double Descent (Gender Discretion - Sec 3(2)) Father
New legislation that looks to remedy historical unfairness in the older nationality law gained Royal Assent on 28 April 2022. One such area that this affects is where a child registration did not take place because the child's father was not a British citizen at the time that an application could have been made
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 that the father could (or did) register as a British citizen. 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:
- the candidate's birth between 1 January 1983 and 31 December 2009;
- the candidate is now at least 18 years old;
- the candidate's father spent at least three years in the UK before the candidate's birth;
- the candidate's paternal grandmother was born in 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.