Immigrationboards.com

Hi everyone

I recently found out about the enactment of section 4L of the British nationality Act and the decision in Romein.

MY understanding is that based on my circumstances I can apply under 4C or perhaps 4L for citizenship.

Here are the facts

I was born in Australia in 1965.
My father was Australian born as were my father's parents.
My Maternal grandmother was Australian born.
My mother was born in 1944 in Australia.
My maternal grandfather was born in London around 1899.
My mother never resided in the UK, nor have I.

My understanding is that as my mother had a UK born father she was a British citizen by descent.

The Act provides for a child (me) of a mother who is a British citizen by descent, to obtain citizenship as the Act as it stood was unfair in that it allowed men to pass on citizenship but not women.

However I am unclear as to whether the applicable section in my circumstances is section 4C or 4L.

Can I now get British Citizenship and if so would I do so under 4C or 4L? Your thoughts?

Thanks Peter

A quick addendum

I suspect the answer is that 4C applies in that

The Law
A person will qualify for registration under section 4C of the British Nationality Act 1981
if:
• they were born before 1 January 1983
• they would either:
o have become a citizen of the United Kingdom and Colonies (CUKC) under
section 5 or schedule 3, paragraph 3 of the British Nationality Act 1948, if
those sections had provided for women to pass on citizenship in the same
way as men.

In other words had my father been a British citizen by descent he could have registered me as a UK citizen in the 12 months after my birth but my mother did not have the same right to do so under the law. 4C provides redress in that children denied the opportunity to become British citizens because their connection to the UK came through the maternal line not the paternal line are now provided the opportunity to register as UK citizens.

Note also by the way that my mother and father, grandfather and grandmother were all married at time of birth of the next generation.

Is my analysis right?

You would qualify under Section 4C as interpreted by the UK Supreme Court in the Romein case.

Section 4L is a later legislative addition to the British Nationality Act, giving the SSHD/Home Office discretion to act directly in similar cases without going through the courts.

But, in your case, you qualify under Section 4C anyway. Apply on Form UKM.

Thanks

A quick follow-up question. Can I send certified copies of my passport rather than my passport which I need for travel?

Thanks Peter