GUYJUBBER

Hi BritInParis,

Could you assist me? I am looking at the double descent ruling and assessing to see if I qualify. My wife has her application in and all seems on track for her to get hers. My situation is very similar to hers, but my mother, who died in 1982 had not yet applied for her passport. Does this preclude me from applying?

Any assistance would be greatly appreciated.

Thanks
Guy

BritInParis

Are you referring to the Romein case?

GUYJUBBER

Hi,
Yes the Romein case.
Thanks
Guy

GUYJUBBER

Sorry, I re-read my original message at it wasn't too clear.
Both my grandparents (on my mother's side) were born in the United Kingdom. My mother, who was born in South Africa in 1949, passed away in 1982 before applying for her British Passport.

I hope that is clearer.

Thanks
Guy

BritInParis

A British passport is not necessary.

BritInParis

How did you go with this?

AussieinLDN

Hi @BritinParis, thanks for helping everyone on this thread. I have another situation for you and was wondering if I would qualify for British citizenship under form UKM.

Here are the details:

1. My grandmother was born in the UK in 1926 and then moved to Australia and married an Australian (my maternal grandfather) who was not born in the UK.
2. My mother was born outside the UK (in Australia) between 1 January 1949 and 31 December 1982
3. I was born in 1996 outside the UK (in Australia)
4. My father's side of the family and his parents have no connection to the UK
6. My mother has a certificate of entitlement to right of abode in her passport which is dated 1985 before I was born. She does not currently have UK citizenship or passport, just that stamp from 1985 in her passport.
7. My parents are married

Based on those details, would I qualify for British citizenship because my mother wouldn't have been able to become a UK citizen at the time of my birth?

And what documents would I need to provide for my application to be successful?

Many thanks in advance!

BritInParis

If you wish to rely on the Romein case then unfortunately you’ll fall at the first hurdle as you were born after 1983. Plus, anecdotally at least, Commonwealth citizens do not appear to qualify even if you had been born early enough.

If you’re in London on an ancestry visa then I wold recommend just sticking it out for the necessary five/six years and naturalising.

AussieinLDN

Hey thank you for your reply!

Just wanted to run by you though something I read that seems to be my situation:

Section 2(1) of the British Nationality Act (BNA) of 1981 states:

"A person born outside the UK after commencement (01.01.1983) shall be a British Citizen if, at the time of his birth, his father or mother was a British Citizen otherwise than by descent".

Section 14 of the BNA 1981 defines who is a British Citizen by descent. This section uses the words "for the purposes of this Act, a British Citizen is a British Citizen by descent if, and only if (in other words, this list is meant to be exhaustive):

He/she is a person a) born outside the UK before commencement, b) became a British Citizen on commencement and c) immediately before commencement was a person who had the Right of Abode in the UK by virtue ONLY of being a person who immediately before commencement had that right only by virtue of Section 2(1)b or 2(1)b & 2(1)c of the Immigration Act 1971.

The word ‘ONLY’ is key here in section 14. Amongst other things, the Right of Abode is conferred to all Commonwealthcitizens with either a mother or a father born in the UK (per Section 2(1)d). The father acquires the Right of Abode through his father or grandfather being born in the UK, but he also acquires the Right of abode by being a Commonwealth Citizen (the definition of Commonwealth also means CUKC in this context) with a parent born in the UK (section 2(1)d). The father must therefore have acquired the Right of Abode by virtue of more than one provision of the Immigration Act 1971 and therefore cannot ONLY have acquired the Right of Abode through 2(1)b or 2(1)c & 2(1)b because a Commonwealth Citizen with a parent born in the UK also acquires the Right of Abode under 2(1)d. For the purposes of the 1981 Act, such a person must therefore be treated as a British Citizen otherwise than by descent and should be able to pass the citizenship by virtue of Section 2, to any children born after 01.01.1983.

British Nationality Law after 1983 is not subject to entitlement by male line descent only and so those born after 01.01.1983 with a mother in the same position as the father above will also qualify.

What are your thoughts with this in mind?

BritInParis

Simply put, your mother wasn’t a British citizen at the time of your birth so the rest is moot.

RosalindJane

Update: I heard last week that my application was approved. Thanks all for the input! It was very helpful!

BritInParis

Congratulations! Have you been given a ceremony date yet?

RosalindJane

Thanks! No, no date yet. I will hopefully receive an invitation soon.

BritInParis

Great. Did you receive permission to retain your South African citizenship?

RosalindJane

Yes, thanks for your advice on that. I applied to retain SA citizenship (and received permission) prior to applying. So I'll have dual nationality.