Immigrationboards.com

Hi Team,

I hope I can receive some advice from this forum regarding registration as a British Citizens via a maternal grandmother.

I was born in Australia, a Commonwealth country, prior to 1981. My parents were married at the time of my birth.

My mother was born in Australia (to married parents) in 1948. My maternal grandmother was born in England. My mother successfully registered for, and received British Citizenship (UKM) around 10 years’ back.

I’m aware there have been a raft of changes regarding British nationality and attempts to put any discriminatory anomalies, against women, corrected from previously forms of British nationality legislation.

I don’t have the knowledge whether the UKM/Romein case would result in a successful application in my circumstances. . The other option I was thinking is section 4L. However section 4L, from my reading of the Guidance, appears to not be relevant to any grandchildren born with in a Commonwealth country.

If you have any ideas how I might go about a successful application for registration from a maternal British grandmother when the applicant was born in a Commonwealth country prior to 1981.

That was a bit mouthful! I hope what I’ve provided is enough information for the Brains Trust to form an option.

I thank you for your time and any information or advice you may have for me to receive British citizenship by registration via my maternal grandmother.

Thanks!

The big question is whether your paternal grandfather was a British citizen. If you wasn't then your case is looking good. You will track with Example 13 in this gov.uk guidance... https://www.gov.uk/government/publicati ... accessible

The argument for your case would then be that due to legislative unfairness your mother could not have been registered as a CUKC because that status was only transmitted through the male line.

Thanks for your reply, Mack.

My paternal grandfather was not British by birth, he was British by descent. The same goes for my paternal grandmother, who was British by descent.

I’m hoping someone may have a similar situation where they have had a successful claim to register for citizenship as a result of their British maternal grandmother (where the applicant was born in a Commonwealth country.)

Thank you.

RRtravel wrote: ↑

Sun Sep 08, 2024 12:05 am

Thanks for your reply, Mack.

My paternal grandfather was not British by birth, he was British by descent. The same goes for my paternal grandmother, who was British by descent.

I’m hoping someone may have a similar situation where they have had a successful claim to register for citizenship as a result of their British maternal grandmother (where the applicant was born in a Commonwealth country.)

Thank you.

If you take a look at the 1948 British Nationality Act, you will see why ARD isn't being used for Commonwealth births, and why in my non-expert opinion I don't think UKM can be used either. There may be some other route for Commonwealth people, but I am not aware of it. My cousins in Canada dealt with this too. Definitely reach out to a solicitor to double check. But, good news is you could get an ancestry visa, which seems pretty nice. I believe if you have a family it is easier to bring them to the UK when you are on an ancestry visa than if you are a UK citizen, which is weird.

Thanks for your response.

I guess it is a situation of simply accepting citizens of Commonwealth countries are not eligible. Noted, Commonwealth Citizens do have the right to apply for the Ancestry Visa which can result in eventual British Citizenship once you meet all the requirements.

I can’t help think of the Ancestry Visa as a second prize as opposed to being able to register as a British Citizen. It doesn’t appear birth in a Commonwealth country with the British head of state is proving to be of any added value in my situation