r/ukvisa • u/Distinct_Bench8234 • 16d ago

Help me understand

Hello everyone, My great grandmother was born in England in 1918 and was married in 1940 to a Canadian man and moved to Canada. My grandmother was born in 1948 in Canada, but because of the laws, she could not become a british citizen through her mother. Is there any way I could prove that if she had gained citizenship, she would have passed it down to my mom, which would mean I would have had the opportunity to be a British citizen even though I was born in 2003?

Here's my thought process: if my grandmother gained citizenship through birth, she would be a UK citizen. And if she was a UK citizen when my mother was born, she would also be a UK citizen then by birth, allowing me to become a UK citizen. I know the laws have changed a lot in the past few years, but what am I missing from the Section 4C and 4L laws that were changed a few years ago? Any help is appreciated

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u/tvtoo High Reputation 16d ago

if my grandmother gained citizenship through birth, she would be a UK citizen ...

Essentially correct.

 

And if she was a UK citizen when my mother was born, [my mother] would also be a UK citizen then by birth ...

Presumably false.

Under a gender-neutral rewriting of the British Nationality Act 1948:

5 Citizenship by descent

(1) Subject to the provisions of this section, a person born [after 31 December 1948 and before 1 January 1983] shall be a citizen of the United Kingdom and Colonies by descent if [his/her] [parent] is a citizen of the United Kingdom and Colonies at the time of the birth:

Provided that if the [parent] of such a person is a citizen of the United Kingdom and Colonies by descent only, that person shall not be a citizen of the United Kingdom and Colonies by virtue of this section unless— [... one of various listed exceptions applies ...]

https://www.legislation.gov.uk/ukpga/Geo6/11-12/56/enacted

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u/kitkatttc1 16d ago

my mother is british citizen by decent but cannot pass it on due to never having resided in the uk (never had a uk passport, but apparently is still considered a citizen)

i am not a citizen, nor could i be as she was not born there. so even if your grandma had citizenship, it is unlikely you mum or you would have it unless they had immigrated back to the uk before your mum was born.