Hi everyone,
I've posted before and I was wondering if anybody could give me their 2 cents before I try making a formal application. My wife was recently granted British Citizen status under Section 4L based on historical unfairness (with the help of a solicitor). I know I qualify for a spousal visa if we move to the U.K., but I am wondering if I have my own claim under 4L. I am an EU/US citizen but I have never settled in the U.K. to qualify for any other kind of avenue relating to Brexit.
4th Maternal Great Grandfather born England 1804
3rd MaternalGreat Grandfather born in England or USA in 1842 (even if born in USA, Act of 1772 transmitted British subject status to two male generations born abroad)
2nd Maternal Great Grandfather born 1877 in USA
I understand all of the above to be British subjects as a matter of law because of the Act of 1772 which is consistent with the guidance the Home Office gives online.
1st Maternal Grandfather was born in 1900 and died in 1980. My issue here is I think he was entitled by one of the many changes to the citizenship laws by Parliament to become a British subject, a CUKC or a CUKC by descent somewhere during the course of his life. I think the law is pretty clear that at minimum his father was a British subject. I do not believe he ever registered at any consulate, but my understanding is this requirement was eventually abolished and I wonder if he just maintained British nationality by operation of law under the 1948 Nationality Act.
If he did retain some form of U.K. nationality, my maternal grandmother was born in 1933, my mother in 1956 and I was born in 1987. My grandmother and mother did not make any effort to claim British nationality either as far as I can discern (although my grandmother frequently returned to England and Germany during her life). My wife's application was granted under 4L, but it was slightly different. Her maternal grandmother was born in the U.K. in the 1920's, her mother in 1956 and she was born in 1985. The solicitor cited, amongst other things, the Romein decision in her application. Her grandmother or mother never made any effort to register with a consulate.
My guess is this would be a long shot for me but I want to make sure I do not miss an opportunity if it is there.
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