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UK ANCESTRY law update

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UK ANCESTRY law update

New law significantly expands possibilities for claiming British citizenship through a grandparent

Hello everyone and thank you for tuning in my YouTube 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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