A recent decision by the Supreme Court brings some good news for persons who are eligible for British Citizenship by descent through the female line.
In the year 2003 the UK Parliament enacted legislation to remedy the gender discrimination in terms of which British citizenship could not be transferred through the female line, but only the male line. However, children born abroad between 1949 and 1983 to a parent who was a British citizen by descent were required to have had their birth registered at a British consulate, within one year of the birth.
In effect, this discrimination on the basis of gender was removed in 2003, but they would not have been able to register the birth. The Supreme Court called this a ‘paradox.’
The Supreme Court has now abolished the rule that requires the condition under the British Nationality Act of 1948 that the person’s birth should be registered at a British consulate within a year.
The Supreme Court thus basically ruled that a person who was born outside the UK between 1 January 1949 and 31 December 1982 (inclusive) to a British mother, did not need to have their births registered with a UK consulate in the 12-months after their birth.
It is thus no longer required for such a person that their birth was registered at a British consulate.
We encourage all persons who think that they might qualify for British Citizenship under this new rule to get in touch with Breytenbachs Immigration Consultants.