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ARD Citizenship

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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Gallagheria
Newly Registered
Posts: 17
Joined: Sat Jul 16, 2022 5:32 am
United States of America

ARD Citizenship

Post by Gallagheria » Sat Feb 04, 2023 4:55 am

I recently got my citizenship thru my mother who was born in the UK and I was born before 1983 outside the UK.

For the new ARD, I see two scenarios that seem to contradict each other. One is from the instructor manual and the other is from the user manual. The first it seems to approve, while the latter it says would not be approved.

Instructor Manual Example 18
Alan was born in South Africa in 1984. Alan's maternal grandmother was born in the
UK and his mother was born in South Africa. Alan's mother lived in the UK for 3 years while she was a student from 1979 to 1982. Alan's mother registered as a British citizen under section 4C in 2004. Alan claims that if his mother had been able to register as a British citizen before he was 18, he would have been able to register as a British citizen under section 3(1) of the British Nationality Act 1981.
Our guidance on section 3(1) states that we would normally register where the child was born before the parent registered under section 4C and, had the parent been able to become a British citizen automatically, the child would be a British citizen or have an entitlement to be registered under section 3(2) or 3(5). You must consider the circumstances of Alan's case. If you are satisfied that he missed out on becoming a British citizen because of gender discrimination, registration under 4L
might be appropriate. However, you would need to be satisfied that there would have been a definite section 3(2) entitlement, based on actual events, rather than relying on speculation that the mother might have come to the UK if she was a British citizen.

User Manual
Example 10

Rachel's grandmother was born in the UK in 1945. Her mother was born in the USA in 1965 and registered as a British citizen under section 4C in 2015, on the basis that she had a UK born mother. Rachel was born in Canada in 1996. Rachel claims that, had the law been different, her mother would have become a British citizen automatically and could have come to the UK when Rachel was a child, allowing Rachel to register as a British citizen under section 3(5) of the British Nationality Act
1981.
Although historical legislative unfairness meant that Rachel's mother did not become a British citizen automatically, it did not directly prevent Rachel from becoming one.
Citizenship could not normally be passed on for more than one generation born abroad, and Rachel would not have been able to become a citizen had women previously been able to pass on citizenship. Whilst she maintains that her mother might have come to the UK had she been a citizen, that relies on hypothetical assumptions. She may be able to apply for a UK Ancestry visa to come to the UK.

Gallagheria
Newly Registered
Posts: 17
Joined: Sat Jul 16, 2022 5:32 am
United States of America

Re: ARD Citizenship

Post by Gallagheria » Sat Feb 04, 2023 5:08 am

I see the difference .

Thank you.

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