UK ANCESTRY law update
ฝัง
- เผยแพร่เมื่อ 8 ก.ย. 2024
- New law significantly expands possibilities for claiming British citizenship through a grandparent
Hello everyone and thank you for tuning in my TH-cam channel.
After the recent changes made to the nationality law in the last couple of weeks, there has been an addition of a new section 4L which opens up the possibility for securing British citizenship through UK ancestry.
In this video I will be addressing this new section and the settlement route it develops.
S.4L of the British Nationality Act 1981 came into force on 28 June 2022 alongside publishing the application form and guidance.
The general question which arises is why was there a need to introduce this section? Previously there were already provisions in the 1981 Act dealing with historical legislative unfairness. These tackle the present-day effects of past discrimination against women or “illegitimate” children:
Section 4C states that someone born before 1 January 1983, has the right to register as British if (roughly) they would have been a British citizen, had their mother been able to pass on her British nationality in the same way as a man.
Sections 4E-4J gave people the right to register if (roughly) they would have been, or could have become, a British citizen had their natural father been married to their mother at the time of their birth.
However, there are gaps in these provisions.
They only remedy discrimination as it affected citizenship transmission from a parent. There is no remedy for the present-day effects of discrimination in the grandparental generation or higher.
They do not work for claims based on a connection to a British overseas territory. (This is now addressed by newly added sections 17A-G.)
They cannot be applied iteratively. In other words, you can’t remedy the combined effects of different types of discrimination on the same family history.
As we shall see, the new legislation is particularly significant for certain people with British grandparents.
S.4L also expands on unfairness as potentially including any legislation which discriminates on the basis of protected characteristics like age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.
The guidance refers to the possibility of applying for citizenship through grandparents, it states:
… in terms of people with British grandparents, Parliament’s intention was that citizenship will normally only be passed on for one generation born overseas, and section 4L is not intended to change that, although you must consider each case on its merits and assess if there are exceptional circumstances.
It’s true that “double descent” (passing on British citizenship to the second generation born outside British territory) is not the norm. But it was and is possible, unfortunately, the guidance tells the applicants to set out “the legislation and section you think was unfair”, this will not be very helpful for those who are not legally represented.
I will go through a couple of different scenarios that can be related to people’s cases and see if they have a chance of success.
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Thanks, Barrister paul I appreciate you sir🙏💐🤝👍, for your hard working, and daily update on new changes of the favoured laws,
I pray to Almighty God, that,
May you live long, and more abundant of blessings upon you and your family 👪, sir, you are doing us a favour for regular updates, 🙏, ....
So nice of you
My grandfather was born in Scotland. He lived there for thirty years. My other grandmother was born in England and lived there for 25 years . However, I am a US citizen and was born here in the US , same with my mom and dad. Do I still qualify for citizenship through double decent? I was born in 1972
I feel like I'm meant to live in the UK, not here in the US.
Let me know what you find out. I’m in a similar situation. Thanks!
Dear Barrister,
1/ Paternal grandfather born in Manchester in 1896.
2/ Father born in Venezuela. ONLY Venezuelan citizen, deceased in 1981.
3/ I was born in Venezuela in 1965. Both Venezuelan and Spanish citizenships.
-Any chance for me to obtain the UK nationality?
-If it’s not possible, what are my chances for the Ancestry Visa?
Than you!
This is very interesting to me. My mother was born in South Africa and adopted by a Scottish couple. They returned to Scotland in 1939. I have enquired about my Mother's adoption here in South Africa but am having problems getting proof. Can you give me a ball park figure of what it would cost for you to look into this case?
Dear Maureen, this sounds very complicated. I would suggest getting professional legal advice on this. I would suggest a reputable lawyer. My videos are for information purposes but I would be glad to help if you want - please call my clerk Nick on 020 7 242 3488 if you wish. Good luck
My grandfather was sent on a orphan program to Australia in the late 1930s. One he was not an orphan. His father signed the forms. His mother did not want him to come to Australia. My grandfather also did not want to come to Australia. He left his family home kicking and screaming. His mother was screaming and crying when they came and took him. They dragged my grandfather on to the boat kicking and screaming. He did not want to leave England and his family behind. He was about 10 years old. Do I have case for citizenship?
Dear Barrister,
I just found this video. I did not know about this new section under 4L that passed in June of 2022. What great news! For my situation: I am currently waiting on a decision for my UK by descent. My mother was born in the UK and I was born before 1983. I have all supporting documents for myself except the registration of her birth because that was not done. She moved to the United States when she was young. I'm told that I should be eligible. I've been waiting on a decision since April. Most attorneys are still saying that it's taking 6 months but it's been longer. I understand about Ukraine and whatnot. My questions are: do you have an idea of how long UK by descent decisions are taking at the moment?
And the second question: I have two daughters. Do you think they could apply for citizenship under 4L? I know that if my application is successful, normally I cannot pass it on, but with this new news I'm curious.
Hey! 🙂 Quick Question!?
BOTH my parents were born in Canada. 1930s. I was born in U.S. in 1964. Parents were naturalized US in the 1970s.
My maternal grandfather was born in Edinburgh, Emmigrated to Canada. (My mother's father)
My mothers' mothers parents were all born in Amersham, England.
My Paternal Gr. Grandparents were ALL born in London England, and Cornwall
I would like to move to England on CERA for 5-7 years, possibly obtaining Dual citizenship US-UK
Do I qualify under CERA?
THANK YOU!! 😊
Hello Barrister, we haven't see you for a while, hope you are alright? ....
Yes - I have had a holiday but back now!
Hello Barrister Paul, my grandfather was born and raised in Yorkshire. Born in 1902 in Middlesbrough. I was born in US in 1969. Do I qualify? I am wanting to (and have my entire life) move to the UK for good. Would you please help me to navigate this? Thank you so very much.
Hi my grandfather was born in the UK in 1908 ....I'm here on an ancestry visa 4 years and almost a year ago I married a British man. Would I be able to get citizenship. And what's the best way forward. Thank you
Good evening Sir, If I'm shareholder in a private limited company in the UK, do i have right for residence(BRP), Citizenship?
Do you know how long it takes to get a ancestral visa now? I know it used to take max up to 3 weeks but has it changed. I am applying from Ireland but have a South African passport.
Hi sir I was born in 1971 and I was born in India and my mother is British citizen from 2006 from her father (my grandfather).
My grandfather is British citizen but not born in uk he was born in India. But when I was born in 1971 he was already holding British citizen. Can I get an ancentory visa from my grandfather…?
Hi dear sir
My father has British GBR full citizens he was bron outside uk .
L was bron before 1983 outside uk .
L lived in England 12 years but l left outside uk , becauseof war in yeman l couldn't go back to British.
Can l apply for British citizens
Good day. How does one get in touch with you??
What about person who is married with British person for long time without children's and ask her to go back to her country
It will depend on the facts of the case - sadly there is no black or white answer
Is it mandatory to be employed at the time of applying for an ancestry visa
Wt about if aye am 18 and my is British
Hello there! My name is Nicholas and I am have some questions about the video: My great grandfather was born in the UK and fought in WW1, his son, my grandfather was born in Brazil but was a british citizen (i have all his documents) and died in 2014. Do my mother and I have the right to claim british citizenship? Thank you for the video!
PS me and my mother were born in Brazil
no
uk
Hello. .
I'm sridhar from india I have one doubt. .since 1967 my grandfather was working in Singapore. That time he got british citizenship. .he have british passport also .. But right now he past away .. So now I have only that passport .. So it's any possible to get uk citizenship?. . please give me some solution. Thanks you.
pls its very important 4 me
My grandmother was born a British subject she had a British passport but she was st luican is it possible for me to obtain status through this? Please help
Thank you for your message - I would need to have a proper conference with you to provide a proper answer - the issue of Nationality law is complex unfortunately.
dear paul i had a question i have been waiting for court for more than 2 years is this normal
2 years? This is a very long time - I would advise contacting your lawyer and getting them to chase up the Court - if you have no joy - then feel free to get back in touch with me
@@TheImmigrationBarrister thanks 🙏
My uncle r
Hello
My ilr is coming up
Very soon on the 25th
I'm very very worried
My case is very complicated
Basically my employer lost his direct payments
Council stopped his funding
This had a disastrous effect on my life as I lost my job and a place to live as it was live in
I had a child in this country and we both lived with my client
I'm on An Ancestral Visa
After I became unstable due to the stress of the situation and that the factvthatvmy AV said no public funds we were eventually helped by the council
Will my ilr application be rejected because I've received help from the UK Gov
I'm so very worried 😟
I've had hel0 from the Gov for about 2 months by the time my ilr interview happens
I have already the proof to sh9w why we landed up in this situation
(Basically the system itself caused this my former employer is an alcoholic he has getting the direct payments he wascaydited and found guilty of fraud he used the direct payments to pay his rent
We have been through hell
And to get help was utterly beyond madness i was constantly told due to my immigration status :no public funds:
Finally we got help
Any advice would e greatly appreciated I've worked for almost the full 5 years just in the last year it all went terribly wrong
Is there anything I can do to help my case
My nerves are finished
I'm alone no lawyer no friends no family here
I've been through hell
I don't want to be sent back to South Africa