Post
by Quinnie » Wed Sep 19, 2018 12:40 pm
I am not 100% sure a letter is needed, but I am assuming that since Agents are charging an arm and a leg that it can't hurt. I am basically quoting Section 4C of the 1981 Act, listing each of the requirements and then giving a short explanation as to why I believe I meet the criteria. So:
Section 4C(2): The first condition is that the applicant must be born before 1st January 1983. So here I am just confirming my birth date and making reference to my birth certificate attached.
Section 4C(3) gives three sets of criteria for applicants in different positions. In my case I have indicated that Subsection 3(a) applies as I was born after commencement of the British Nationality Act 1948. Subsection 3(A) states that the applicant would acquire Citizenship of the UK and Colonies (CUKC) under section 5 of the 1948 Act if ‘Assumption A’ had applied. ‘Assumption A’ is that the law at the time would have allowed for British Nationality to be passed down the female line as well as the male line by virtue of the law between 1949 and 1983. I've then gone on to explain how this applies to my situation re: mother and grandfathers birth place and date etc. basically outlining that my mother was a CUKC at the time of my birth and that because of restrictions at the time, the registration of my birth was not possible. I've then highlighted the findings of the recent Supreme Court Ruling The Advocate General for Scotland vs. Romein (2018)and also referred to their internal manual dated 8 February 2018 which both state that the registration condition in section 5(1)(b) of the 1948 Act must be treated as inapplicable in cases where citizenship is claimed by descent from a mother.
Section 4C(4): The third condition is that immediately before 1st January 1983 the applicant would have had the right of abode in the UK by virtue of section 2 of the Immigration Act 1971 had s/he become a citizen of the United Kingdom and Colonies as described in subsection (3) above. Here I've confirmed that I had right of abode as a result of my grandfather being born in Wales.
