Immigrationboards.com

Hello,

I am assessing whether I may be eligible to register as a British citizen under the historic legislative unfairness provisions (s4L / Form ARD), based on descent through the maternal line.

The relevant facts are as follows (details anonymised):

My great-grandmother was born in Scotland in 1896 (Scottish birth certificate obtained).

She married a US citizen (tbc) in the United States in 1919.

Their first child (my grandfather) was born in the US in 1922.

My mother was born in the US in 1950.

I was also born in the US.

As I understand it, at the time my grandfather was born, British women could not transmit nationality to their children, and therefore my grandfather did not acquire British nationality solely due to historic sex discrimination.

I am trying to confirm whether, in principle, this lineage is capable of falling within the post-2014 correction routes for historic legislative unfairness, assuming the identity chain can be documented.

Before proceeding further with additional documents or a formal application, I would appreciate confirmation on whether this scenario is theoretically eligible under s4L / Form ARD.

Thank you for any guidance.

Unlike Polish or Italian citizenship, which allows/ed (Italy changed its rules last year) acquisition through multi-generation descent, British citizenship by descent is generally restricted to one generation outside the UK.

There is provision for citizenship to be extended to one more generation outside the UK if certain specific conditions about the British citizen by descent parent and child are met.

Even assuming that women could pass on their British citizenship on the same conditions as men (which is one of the past injustices that Form ARD addresses) in the past, you would not have qualified for British citizenship by descent simply because your British ancestry is too remote.

Assuming that your great-grandmother could pass on her British subject status to her son (your grandfather), which she couldn't in actual fact, your grandfather would have been a British subject by descent, Then assuming that he had met the requirements for a British citizen by descent to register his daughter (your mother) as a British subject (later Citizen of the United Kingdom and Colonies - CUKC), she would still have been unable to register you as a British citizen not because she was a woman (historic legislative unfairness), but because your connection to the UK through her was too distant.

British citizenship is further complicated by the fact that a pre-1983 CUKC (assuming both your mother and you had that status) would have required Right of Abode in order to become a British citizen post 183 (when the laws governing British citizenship changed and became more egalitarian). Right of Abode requires that for such a person (a pre-1983 CUKC), either the person themself, either one of their parents or one of their grandparents (no gender bias in these requirements) needed to have been born in the United Kingdom. While your mother would have met that requirement, and if she is alive, I think she could apply on Form ARD, you don't meet that requirement.

So I do not think that you would qualify for British citizenship through Form ARD.

Thank you for taking the time to explain this so clearly. It’s helped me become clear on the eligibility in my case, your input is much appreciated!