Secured British passport following complex citizenship tracing

The Challenges Faced

Client K faced significant obstacles in securing a British passport after an initial refusal by HM Passport Office (HMPO). His mother, an Indian citizen at the time, was married to a man believed to be a Citizen of the UK and Colonies (CUKC) from 1979 to 1984, but they were estranged, with no contact possible. Client K was born in 1985 to his mother and her second husband, also British. HMPO failed to accurately trace his citizenship claim by descent, complicated by his mother’s marital history and the legal nuances of the British Nationality Act 1948 and Immigration Act 1971.

How Latitude Law Helped

Latitude Law argued that Client K’s mother acquired a right of abode under section 2(2) of the Immigration Act 1971 and later registered as a CUKC under the British Nationality Act 1948, enabling Client K to derive British citizenship by descent. We responded to numerous HMPO enquiries and issued a pre-action protocol letter for judicial review to prompt reconsideration after an initial refusal.

The Outcome

Following a protracted process and reconsideration prompted by our pre-action letter, Client K was successfully granted British passport facilities.