UKM application: mother British by marriage.

[Simple-Simon]

Hello,
BNA 1948 section 12(5) sets out that such a (British Subject) woman 'shall herself become' a CUKC on Jan 1st 1949 if her husband so becomes. This appears to be automatic and to require no registration of any sort. Can this be so? Claimant still to obtain all/other necessary documents.
I assume this would be a Section 4C claim via form UKM, with mother classed as British 'other than by descent' and able to pass her nationality to claimant? Father had UK-born parents; mother South African; claimant born in RSA in March 1949.
Thank you.

[Simple-Simon]

Just to add to my post a few days ago, I should mention that this route to a citizenship registration claim is referred to as a double descent claim by xxxxxx and 'likely' to be successful, but what this would depend on I'm not sure, and further answers from them will likely require engaging their services.

It seems rather sneaky to claim the citizenship of a mother who was only British because of her marriage to a man who was only British because his parents were born in Scotland, but apparently it is allowed, for the time being.

I do have reason to believe that the application would be via form UKM, but nothing in Section 4C provides for a mother being a CUKC by marriage in this way, though she would be British 'other than by descent' as required. There is however a place in the form where you can say how the mother became a CUKC.

My other concern is whether there was something the parents were meant to do but didn't. It seems unlikely that they just woke up on New Years Day 1949 as British Subjects now become CUKCs. I doubt they applied for passports to prove it. My sister-in-law has no useful documents.

It might be essential to involve a solicitor, but we would rather not!

Any advice would be welcome..

[secret.simon]

It seems rather sneaky to claim the citizenship of a mother who was only British because of her marriage to a man who was only British because his parents were born in Scotland, but apparently it is allowed, for the time being.

To me it appears absurd that a wife of a British citizen by descent could acquire a better claim to British citizenship than that of her husband.
And so it must have appeared to the drafters of the British Nationality Act 1981, who addressed this very point in Section 14(1)(b)(iii).

14 Meaning of British citizen (by descent).
(1)For the purposes of this Act a British citizen is a British citizen “by descent” if and only if—
...
(b)subject to subsection (2), he is a person born outside the United Kingdom before commencement who became a British citizen at commencement and immediately before commencement—
...
(iii) had the right of abode in the United Kingdom by virtue only of paragraph (b) of subsection (1) of section 2 of the M1Immigration Act 1971 as then in force (connection with United Kingdom through parent or grandparent), or by virtue only of that paragraph and paragraph (c) of that subsection (settlement in United Kingdom with five years’ ordinary residence there), or by virtue only of being or having been the wife of a person who immediately before commencement had that right by virtue only of the said paragraph (b) or the said paragraphs (b) and (c); or

The latter half of that subsection makes the mother in question, who only acquired CUKC status only by marriage to a CUKC citizen by descent, herself a British citizen by descent since 1983.

[Simple-Simon]

Must have been kinder times when the Home Office first allowed it, or perhaps it needed a judicial review. My brother's money shouldn't have to be wasted on solicitor fees, so I hope a sympathetic reader will respond with some advice.

[Simple-Simon]

I have a few basic questions somebody might be kind enough to answer. I've been reading posts under the topic 'UKM application experience and timelines' and have many more yet to read, so I'll keep at it. Some posters give useful information.

My sister-in-law meets the requirements but lacks documents. Her parents might never have held passports, and their South African birth certificates will need to be obtained through an agent. The Home Office 'guidance' doesn't specify whether birth certificates and marriage certificates need to be certified.

Apparently British Subjects with UK-born parents (and their wives) were automatically re-classified as CUKCs on Jan 1st 1949, but I can't quite believe that no registration was necessary. It occurs to me also that it might be necessary to prove her parents didn't renounce their UK citizenship for some reason (in the absence of passports).

A poster mentioned that he wrote a covering letter for his own application. I can't think what one might need to say, if one has the right to citizenship in terms of the current legislation. Does the Home Office exercise their own discretion, I wonder? Young enough, rich enough, etc?

Any help much appreciated.