Immigrationboards.com

Hi there everyone,

Longtime reader, first time poster here. I’m hoping I can gain some understand regarding an application for citizenship via descent through the UKM registration method. Here are my particular details:

Applicant:
Born in Australia in the 1970’s, parents married at the time of my birth.

Mother:
Born in the 1940’s similarly in Australia. Both parents married at the time of her birth.

Maternal Grandparents:
Grandmother born in the UK and Grandfather
born in Australia to British parents. Both grandparents born to married parents.

My mother is a British citizen via descent today as a result of her British mother. She registered herself and has a British passport. She wasn’t registered as a British citizen through her father being a British citizen by descent (through the British consulate in Australia as an infant) but more recently when she was eligible to do so.

I would love to know whether I’m have a leg to stand on if I was to apply for citizenship via the UKM registration method. Here are a few questions I have.

I’m aware that my mother wasn’t (as a result of British law at the time) a British citizen by descent at the time time of my birth, the reason being she was not eligible due to being born to a British mother in 1949. However she is a British citizen now via registration (by descent).

At the time of my birth (1976) my mother would have had the right of abode in the UK due to having a UK born mother and grandparents born in the UK. I believe this was something that occurred as a result of legislation in 1971 which affected Commonwealth citizens only? My mother lived in the UK for three years in the 1970’s prior to my birth and I don’t believe she needed any documentation or visa to do as such at the time due to being a Commonwealth citizen.

I’ve read the Romein decision and I can’t really tell if I would, in fact, have a successful claim due to being born prior to 1983 to a mother who had the right of abode in the UK at the time of my birth (as a result of the 1971 legislation). As my mothers British citizenship (via descent) is not retrospective from the date of her birth, is anyone aware or have any knowledge of this matter being addressed (as far as a continuing gender discrimination against British mothers as opposed to British fathers) in the future? Or has anyone had any luck with a successful registration via UKM when born to a maternal grandmother (as opposed to a maternal grandfather) born in the UK?

Thanks for listening and all the great work within this forum.

Cheers!

I’d be keen to know the answer to this query also

It sounds like it may be a really difficult question to answer. British Nationality law is extremely complex. In my case, my mother's application for registration was denied (she chose not to pursue reconsideration) and mine was approved. Someone on here may be able to better answer your question, but it may be best to seek the advice of an experienced solicitor.

In my experience British citizenship can generally be passed down no more than 2 generations. That being said, you indicated that your maternal grandmother was born in the UK. You would need to determine if she was able to legally pass her citizenship on to her children. UK citizenship law can be very sexist, although I feel that efforts have been made in recent years to correct it (the Romein case being a glaring example). In the past, women, generally speaking, did not have to ability to pass on citizenship. Depending on when your mother was born and the nationality laws in place at that time, your grandmother may have been able to pass her citizenship on to her children. It may help to determine the route your mother took to register.

Again, British Nationality law is extremely complex. I would highly recommend talking to a solicitor. Even the Romein case started with an individual identifying and fighting an injustice created by antiquated Nationality Laws.

Good Luck!!

Hi,
Did you eventually find an answer to your question?
It applies directly to me as well!
Thanks!

Deonv wrote: ↑

Mon Sep 07, 2020 2:31 pm

Hi,
Did you eventually find an answer to your question?
It applies directly to me as well!
Thanks!

We may be better placed to advise you if you can tell us where and when your mother was born, where and when you were born and how did your mother acquire her CUKC and Right of Abode.

Ok, here are the details:

Born: 1976 in South Africa, currently in the UK on Ancestral Visa (since Jan 2018).
Family: Wife + 3 kids (all younger than 16), dependants on my ancestral visa.

Mother: Born in South Africa in 1948, never applied for british citizenship
Maternal Grandmother: Born in the UK, was a british citizen.
Grandfather: Born in South Africa

Father: Born in South Africa

Deonv wrote: ↑

Mon Sep 07, 2020 3:34 pm

Ok, here are the details:

Born: 1976 in South Africa, currently in the UK on Ancestral Visa (since Jan 2018).
Family: Wife + 3 kids (all younger than 16), dependants on my ancestral visa.

Just putting this out there so you can weigh up your options etc.

If you apply for UKM and become British, your dependents cannot continue as Ancestral dependents. They will all have to switch to FLR(M) visa route, which is 2 x 2.5 year visas before they can apply for Indefinite Leave to Remain (ILR). Your spouse will need to meet the English requirement. You/spouse will need to meet the financial requirement of £27,200 pa for each stage, 1st FLR(M), 2nd FLR(M) and ILR.

The visa fee for FLR(M) is currently £1033 each. You will also have to pay IHS again, which is increasing in October to £625 per year for spouse and £470 per year for children, so £1562 for spouse and £1175 for each child under 18 and that is only for the first 2.5 year FLR(M) visa. All this is payable again (whatever the fees are at that time) for the 2nd visa extension in 2.5 years after the first.

Their clock for ILR will also reset to zero and they will have to start a new 5 year period before they qualify for ILR. The time spent on Ancestral dependent visas won't count towards the 5 year residence for ILR.

That's very helpful, thanks!