by: Kelsey Waddell – Attorney and Nationality Expert at Breytenbachs Immigration Consultant
The law is a living, active being. It is created, changed, dissolved, supplemented and removed over time. It reflects the societal norms and values of its era, and as society progresses, evolves, and addresses past injustices, so too do legal frameworks. This principle is evident in the evolution of British nationality law, which has progressively adapted to these changes.
Historically, British nationality law exhibited elements of unfairness, discrimination, and oppression, particularly towards women and children – which reflected the patriarchal society at that time. For example, prior legislation permitted only married men to confer British citizenship upon their children, a practice that is discriminatory and sexist.
As part of the restorative measures to correct historical legislative unfairness and reflect the society that we live in today, the British government sought to introduce multiple remedies that now permits those affected to now acquire their British citizenship by way of registration.
To comprehend the current framework for claiming British citizenship, it is essential to review several key legislative changes and provisions. The introduction of Section 4L of the British Nationality Act 1981 marked a significant shift from the stringent criteria previously required under Section 4C of the British Nationality Act 1981. The earlier process, known as the ‘UKM Application,’ demanded that applicants meet rigorous criteria to obtain British citizenship.
In contrast, Section 4L of the British Nationality Act 1981 introduced a more discretionary approach, permitting applicants to claim British citizenship by providing a detailed justification demonstrating how historical legislative unfairness had deprived them of this status.
To make it more simple, a person may have a claim for British citizenship, as long as they can prove they were deprived of British citizenship by an unfair law.
Eligibility for British citizenship can be complex and multifaceted. There are many different routes in which a person can claim British citizenship, more so now with the new laws.
In order to have a comprehensive understanding of British citizenship and ascertaining whether individuals have a claim, one needs to have consideration and review all the historical changes in British nationality law, including the British Nationality and Status of Aliens Act 1914, the British Nationality Act 1948, the Immigration Act 1971, and the British Nationality Act 1981, which have all led to various shifts in citizenship status.
An individual may have had a British nationality claim in the past, but with the commencement of the various British Nationality Acts, you may have either lost a claim or retained a claim. Where some individuals lost British citizenship, another might have gained British citizenship.
For instance, individuals registered as citizens of the Federation of Nyasaland and Rhodesia or those born in South Africa to parents who were citizens of this Federation might be eligible for British citizenship if they have a grandparent born in the UK, naturalised or registered as a British citizen.
Individuals may qualify through various routes, including being born in a protectorate, having a parent or grandparent born in the United Kingdom, or being registered or naturalised in the United Kingdom and its Colonies. Additionally, eligibility may extend to those whose grandparents or parents served in designated services or Crown Service for the United Kingdom.
It is also crucial to consider that British nationality laws are intertwined with local laws, particularly those in newly independent countries. Therefore, it is essential to ensure that no local laws extinguish one’s claim to British citizenship!
It can be difficult to understand which laws apply and what they each mean. Individuals often face challenges due to incorrect documentation or forms, leading to an initial refusal and subsequent loss of hope. It is important to recognise that eligibility for British citizenship may still be possible despite past refusals, with the assistance of experts, who have been successful in securing British citizenship, even after a refusal.
Furthermore, there is a common misconception that British nationality acquired through the new routes cannot be passed on to children born before or after registration. However, with continuously evolving laws, routes previously restricted may now be available, allowing for the transmission of nationality to future generations!
Even when the laws don’t change, the interpretation and application of the rules, laws and guidance changes do. What was previously impossible, risky or uncertain, is now clear, sure and very possible.
It is worth your time, effort and energy to find out more, to find out if you and even your children are eligible for British citizenship.
Even if you are eligible for British citizenship, but you want to immigrate to the United Kingdom with your family, obtaining British citizenship may not be the first thing you should secure. It is incredibly important that an individual discuss their family’s options with one of our experienced consultants, to ensure the fastest, most inexpensive route for British citizenship – for the whole family.
Breytenbachs has the necessary experience, skills, and knowledge to help you explore this further.
The law is complicated enough as it is – get assistance from the experts to ensure a smooth and successful application!
Even if you are doubtful, unsure or a sceptic, get assurance and confirmation that there is no other possible route available to you.
Contact Breytenbachs today at www.bic-immigration.com or email us at [email protected]
This article was first published in Biznews on 5 September 2024.
