u/GuffPC

▲ 0 r/ukvisa

Credible section 4L claim or not? (Born 1984 in South Africa)

Would any experts please provide some input into whether I have a credible section 4L claim or If I have missed anything important.

Great Grandfather :                        Chippenham UK 1883 (Deceased)

Grandfather :                                    Born 1915 in the Union of South Africa (Deceased)

Grandmother :                                  Born 1922 in the Union of South Africa  (Deceased)

Father :                                               Born 1946 in the Union of South Africa (Deceased)

Myself :                                              Born 1984 in the Republic of South Africa

 

My Grandmother married my grandfather 1944. The family moved to South West Africa in 1947 and were permanently resident there before 1949 till 1957 when they moved back to South Africa.

My Grandfather was CUKC by Decent 12(2) ito BNA 1948. My Grandmother was a CUKC 12(5) “Otherwise than Decent” ito BNA 1948 by Marriage to a CUKC prior to 1949. Her British passport says CUKC and Right of Abode and issued in 1977.

South West Africa was Mandated Territory by the UN but also Foreign Territory on the 1/1/1949.

On the implementation of the BNA 1948.

My Grandfather who was CUKC by Decent, could not register my father. There was also no consulate in SWA and it was not requirement at the time of my father’s birth to register, as my father was born in a Dominion.

My Grandmother who had a superior CUKC “Otherwise than decent”, was legally barred from registering him due to gender discrimination as she was a woman and couldn’t pass on citizenship at the time.

My Father obtained a UK Ancestral Visa in 1999 and worked in the UK for a year. Even in 1999 he still could not get British Citizenship by Decent even though his mother was confirmed to be British Otherwise than by Decent per BNA 1982, because he was born prior to 1983.

I was born in 1984 in South Africa, in what was deemed to be “foreign territory” between 1962 and 1987 to who should have been a British Citizen by Decent father, during the 5y (Section 9) transition period.

Is this a viable 4L application:  But-for historical gender discrimination preventing my Grandmother from transmitting citizenship to her children, my father was not recognized as British and I missed out on a clear and credible pathway to British Citizenship

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u/GuffPC — 2 days ago