I have drafted the letter below. All comments and suggestions will be gratefully received!
---Draft Letter to MPs and Stakeholders---
Dear [Recipient's Name],
Subject: Amendment Proposal for Section 65 of the Immigration Act 2014
I am writing to bring to your attention a significant issue concerning the retrospective application of British nationality law, particularly affecting children born to British fathers who were unmarried at the time of their birth. This issue has personally impacted my family, and I believe it is crucial to amend the legislation to correct this historical injustice.
Personal Story
I am a British citizen by descent, born in Zimbabwe. My daughters, [Daughter's Name] (born in 1989) and [Daughter's Name] (born in 1992), were unable to be registered as British citizens under Section 3(2) of the British Nationality Act 1981 due to my unmarried status at the time of their births. In 2006, the law changed to allow unmarried fathers to pass on their citizenship, but this change was not retroactive.
It was not until Section 65 of the Immigration Act 2014 took effect in 2015 that the law retroactively allowed children born to unmarried British fathers to register for citizenship. However, this only applied to children who were still under 18 at that time. My daughters, unfortunately, were over 18 by then, and thus excluded from this provision. In contrast, my son, born in 2010, was successfully registered as a British citizen under Section 3(2).
Proposed Amendment
To address this disparity and rectify the historical injustice, I propose an amendment to Section 65 of the Immigration Act 2014 to remove the age limitation. The suggested amendment is as follows:
Amendment to Section 4F of the British Nationality Act 1981:
Current Wording:
"Section 4F (1) A person qualifies for registration under this section if—
(a) the person was born before 1 July 2006;
(b) the person’s mother was not married to the person’s natural father at the time of the birth; and
(c) had the person’s mother been married to the person’s natural father at the time of the birth, the person would have been entitled to registration as a British citizen under section 1(3), 3(2), 3(5) or paragraphs 4 or 5 of Schedule 2."
Proposed Wording:
"Section 4F (1) A person qualifies for registration under this section if—
(a) the person was born before 1 July 2006;
(b) the person’s mother was not married to the person’s natural father at the time of the birth; and
(c) had the person’s mother been married to the person’s natural father at the time of the birth, the person would have been entitled to registration as a British citizen under section 1(3), 3(2), 3(5) or paragraphs 4 or 5 of Schedule 2. Persons will not be required to be aged under 18 when they apply for registration under this section 4F."
Rationale
The proposed amendment aims to correct the ongoing discrimination against individuals born to unmarried British fathers before 1 July 2006. By removing the age limitation, we can ensure that all individuals who were unfairly excluded from citizenship due to the marital status of their parents are given the opportunity to claim their rightful nationality.
Call to Action
I urge you to support this amendment and advocate for its adoption in Parliament. This change is essential to ensure fairness and justice for all individuals affected by the historical discrimination in British nationality law.
Thank you for considering my proposal. I am available to discuss this matter further and provide any additional information required.
Yours sincerely,
[Your Name]
[Your Contact Information]
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