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is 4L an option?

Posted: Sun Dec 14, 2025 12:03 am
by sadieh
My understanding is that I would not qualify under 4C because my mother and I are Canadian, but I'm wondering if 4L is a a possibility under 3(5) - a child born outside the UK to a British citizen by descent parent, and the child and both parents have lived in the UK for 3 years

Maternal Grandfather: Born 1902, UK
Maternal Grandmother: Born 1911, Canada
Mother: Born 1941, Canada
Me: Born 1967, Canada
Paternal side: No UK ancestry
My parents divorced early 1970s

My situation:
  • August 1980 (age 12) I moved to the UK with my mother and her UK born husband. My mother chose to use her husband rather than her father for right of abode/patriality. I had a sticker indicating I could live there as I was accompanying my mother
  • June 1983 (age 15), I got my first passport and my mother tried to get patriality for me It was denied, but I have a home office letter that says I had been granted ILR. I also have a photocopy of that first passport with the ILR ink stamp (although it is not a clear).
  • December 1983 (age 16) - moved back to Canada to live with my biological father.
  • July 1985 (age 17) - returned to the UK and worked
  • 1986 - mother and step father returned to Canada
  • May 1987 (age 19) - Hospitalised, and my mother brought me to Canada after I was discharged and I stayed.
Documents I have in addition to birth & marriage certificates proving family line:
  • Home office letter - granting me ILR
  • Original National Insurance Card
  • Photocopy of passport with ILR stamp
  • Scan of mother's passport used when we both entered the uk in 1980 (details page and the one that clarifies my surname - as it was different from my mother's at the time. It also includes her maiden name).
  • National Insurance record
  • State pension summary
  • School report cards

Re: is 4L an option?

Posted: Sun Dec 14, 2025 9:01 am
by contorted_svy
3(5) asks that the child lives in the UK for both parents, you will need to prove that your mother divorced your father and that she had sole responsibility for you.
you will also need to present evidence she lived here for 3 years from 1980-1983.

Re: is 4L an option?

Posted: Wed Dec 17, 2025 9:53 pm
by sadieh
contorted_svy wrote:
Sun Dec 14, 2025 9:01 am
3(5) asks that the child lives in the UK for both parents, you will need to prove that your mother divorced your father and that she had sole responsibility for you.
you will also need to present evidence she lived here for 3 years from 1980-1983.
Thank you.

With regard to the reason for 4L:
Would/could it be considered an omission by the home office for not informing my mother of the new nationality law and that she could register me after living in the UK for a full 3 years (August, 1983)?

From the home office letter dated July 4, 1983:
Thank you for sending in your documents as requested.

It would seem that your daughter is not entitled to a Certificate of Patriality. She cannot have this through you, as you were not patrial when she was born, or through her step-father as she has not been adopted by him.

She has, however been granted indefinite leave to remain in the United Kingdom. This is stamped in page 13 of your expired passport. In order to facilitate re-entry your daughter should carry this expired passport with her when she travels and show it to the immigration officer.

I am accordingly returning all your passports un-endorsed. When your daughter returns, please submit your new and expired passport so that we may transfer your certificate of patriality to your new passport. I have not done so now as I note that your daughter will be travelling shortly and will require her passport and your expired one.
*I don't know whether my mother included that her father was UK born when she contacted the home office, or what documents they requested.
When I returned from that trip, the immigration officer ink-stamped my passport with ILR, and I didn't have to travel with my mother's passport after that.
I only found out about this letter a couple of months ago.