Section 4L/Form ARD

[TillerGirl]

Hello, I have read so many (useful) posts and read and re-read the actual immigration legislation...I think I understand something and then keep realizing that I do not.

If: A British Subject (by descent) married a foreign woman in 1940, did she become a CUKC in her own right? Did it require registration other than the actual marriage certificate? Would she have been able to pass down her citizenship (if not for historical legislative discrimination) to her child (born Nov 1948)? And potentially a grandchild (born 1969)? If so, do the child and grandchild meet the requirements for 1971 Right of Abode? (Every time I read 1971, it makes less sense to me). I would like to apply, but if it would definitely fail, it seems silly. Would you kindly point me in the correct direction? Thank you!

[contorted_svy]

If we are looking at a British citizen by descent with subsequent generations born abroad, it doesn't get passed down, only if children were born in the UK they would have a right to registration.

[TillerGirl]

Thank you so much for your kind response, contorted_svy! I thought as much, but found a few immigration solicitors online who were dangling little carrots that implied the foreign bride was now the "new" link. I appreciate your help.

[contorted_svy]

Even if that was the case, I think you'd still be two generations of people who I imagine were born abroad and got no links to the UK. I believe form ARD is quite cheap, so you could try to apply, but being aware that chances of success can be limited.

[secret.simon]

I'm no expert on Section 4L/Form ARD, which is a relatively new form and law and I'll steer clear of advising you on them. I believe that user @lemonbat has successfully applied through this route and may be able to advise further.

I had looked into a similar (not the same) query a while ago and you may want to look at the links in it for more info.

I will attempt to answer some of your other questions.

A British Subject (by descent) married a foreign woman in 1940, did she become a CUKC in her own right?

Yes.

Did it require registration other than the actual marriage certificate?

Not to the best of my knowledge.

Would she have been able to pass down her citizenship (if not for historical legislative discrimination) to her child (born Nov 1948)?

Such a child could have been registered by the father, who was a British citizen as well, so I doubt that a claim can be made on those grounds.

Essentially the British subject by marriage woman herself can't have a better claim to British subject/CUKC status than that of the person from whom she derives (her British subject husband).

(Every time I read 1971, it makes less sense to me

Which bit do you need help with?

Have the people you are asking for all been Commonwealth citizens for their whole lives (which may not have included South Africa for a period of time in the past, due to apartheid)?

[TillerGirl]

secret.simon, thank you so much for your helpful reply!

I hadn't wanted to make the situation more confusing, so I left out a few details...the "BS by descent" in question, is the illegitimate son of a female BS. So, he couldn't have registered his child, due to the historical discrimination.

And thank you for offering clarification on 1971. I read it at what seems like face value, from my point of view. "Has that citizenship by his... birth registration in the UK, etc" (all foreign births are registered at the Consulate, and there are numerous mentions in different acts and addendums, of these registrations being sent to the Secretary of State in the UK, and the purpose being equivalent to actual UK registration), although I understand that the official interpretation is different than how I'm reading it. Along with that, is the "or" at the end of 2(1)(a). This, the first time I read it, made it seem as though, as long as your parent registered your birth (even if abroad), you have Right of Abode.

Yes, I have definitely only been in conversations with Commonwealth Citizens, which is definitely a whole different thing.

I will go back and read through the previous query. Thank you so much! (Also, my apologies for not knowing how to do that quote thing. It definitely makes more sense to see the answer with the quote cut out)