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Citizenship by Double Descent refused (mom born in Rhodesia)

Citizenship by Double Descent refused (mom born in Rhodesia)

Old Mar 10th 2022, 4:59 pm
  #16  
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Default Re: Citizenship by Double Descent refused (mom born in Rhodesia)

I've attached the letter.
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File Type: pdf
UK letter.pdf (924.1 KB, 46 views)
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Old Mar 10th 2022, 7:08 pm
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Default Re: Citizenship by Double Descent refused (mom born in Rhodesia)

Rather than fork out for a reconsideration I would just submit a fresh application and explicitly state you are making a Romein application in a covering letter.
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Old Mar 11th 2022, 2:55 am
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Default Re: Citizenship by Double Descent refused (mom born in Rhodesia)

Would they not bomb the application straight off because I've already replied and been refused?
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Old Mar 11th 2022, 6:43 am
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Default Re: Citizenship by Double Descent refused (mom born in Rhodesia)

No, they’ll be required to consider it in full. Hopefully you get a different nationality officer next time.
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Old Mar 11th 2022, 7:11 am
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Default Re: Citizenship by Double Descent refused (mom born in Rhodesia)

Ok thanks for the advice. The form is UKM right?
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Old Mar 11th 2022, 7:30 am
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Default Re: Citizenship by Double Descent refused (mom born in Rhodesia)

Yes, same form. You’re looking to be registered as a British citizen under Section 4C of the British Nationality Act 1981.
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Old Mar 11th 2022, 7:49 am
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Default Re: Citizenship by Double Descent refused (mom born in Rhodesia)

Ok. So their rejection letter, which states Section 4C, and says my mom was born outside of UK and colony and can't pass status to me is incorrect?
What happens if they make same decision? I obviously will include a letter with the reasons why I qualify, but it's definitely not a case of wishful thinking on my part?
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Old Mar 11th 2022, 10:26 am
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Default Re: Citizenship by Double Descent refused (mom born in Rhodesia)

Based on the information given you qualify under the Romein court decision.

The Romein case doesn’t apply to those born in Commonwealth countries but since South Africa wasn’t a Commonwealth country in 1981 and that your rejection letter made no reference to this suggests it wasn’t even considered by your nationality officer.
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Old Mar 11th 2022, 10:36 am
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Default Re: Citizenship by Double Descent refused (mom born in Rhodesia)

Ok so where my mother was born is not relevant? As that is what they seem to have bombed me on.

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Old Mar 11th 2022, 12:46 pm
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Default Re: Citizenship by Double Descent refused (mom born in Rhodesia)

Originally Posted by Squirrel81 View Post
Ok so where my mother was born is not relevant? As that is what they seem to have bombed me on.
No, your mother's birthplace is irrelevant because at birth your mother was a CUKC by descent born to a father who was born in the UK (BNA 1948 5(1)). Please let us know when you learn the outcome of your new application.

As far as your own birthplace, your birth had to be in a non-Commonwealth country. As BritInParis noted, South Africa was outside of the Commonwealth from 31 May 1962 to 25 July 1994 inclusive so you were born in a non-Commonwealth country.

Here are the basic qualifications for a successful Romein registration:
  1. You were born outside the UK between 1 January 1949 and 31 December 1982, in a non-Commonwealth country.
  2. Your maternal grandfather was born in the UK.
  3. Your mother was born within wedlock.
You meet all three, so your UKM rejection was in error. As BritInParis recommended, ensure that you note that you are doing a Romein application this time around. It is unfortunate that the firm you used for the application did not include how you qualified as it would have minimized the likelihood of rejection.

The Romein case involved a woman who was born in the USA in 1978 whose mother was a citizen of the UK by descent who was born in South Africa. Romein's mother was a citizen by descent because her father was born in the UK (meaning BNA 1948 Section 5(1)).

How Your Mother Obtained CUKC: BNA 1948 Section 5 Applied When Your Mother Was Born

Bold text is what applies to your situation

Section 5: Citizenship by descent

(1)Subject to the provisions of this section, a person born after the commencement of this Act shall be a citizen of the United Kingdom and Colonies by descent if his father is a citizen of the United Kingdom and Colonies at the time of the birth:Provided that if the father of such a person is a citizen of the United Kingdom and Colonies by descent only, that person shall not be a citizen of the United Kingdom and Colonies by virtue of this section unless—

Your maternal grandfather was born in the UK, so he was not a 'citizen of the United Kingdom and Colonies by descent only'. Your mother was a CUKC by descent BNA 1948 5(1)

How You Obtained CUKC: BNA 1948 Section 5 Applies To You Under the Romein Ruling

Section 5 Citizenship by descent

(1)Subject to the provisions of this section, a person born after the commencement of this Act shall be a citizen of the United Kingdom and Colonies by descent if his father is a citizen of the United Kingdom and Colonies at the time of the birth:

Provided that if the father of such a person is a citizen of the United Kingdom and Colonies by descent only, that person shall not be a citizen of the United Kingdom and Colonies by virtue of this section unless

(a)that person is born or his father was born in a protectorate, protected state, mandated territory or trust territory or any place in a foreign country where by treaty, capitulation, grant, usage, sufferance, or other lawful means, His Majesty then has or had jurisdiction over British subjects ; or

(b)that person's birth having occurred in a place in a foreign country other than a place such as is mentioned in the last foregoing paragraph, the birth is registered at a United Kingdom consulate within one year of its occurrence, or, with the permission of the Secretary of State, later ; or

Under a Romein UKM application, you are essentially considered to have been a CUKC by descent by BNA 1948 5(1)(b). References to the father of the child in this section are replaced by mother. The Home Office guidance on BNA 1948 5(1)(b) states that: "Where you are considering whether a person who was born outside the UK between 1 January 1949 – 31 December 1982 (inclusive) to a British mother you must disregard the requirement that their birth must have been registered with a UK consulate in the 12 month period after their birth."

Now we know that under Romein you would have been a CUKC by 5(1)(b). There are two other qualifications to show that you can use UKM Romein route:
  1. That you were born before January 1 1983. You meet this condition
  2. That you would have the right of abode in the UK. You meet this condition because "one of your mother’s parents **was a citizen of the United Kingdom and Colonies by birth, legal adoption, naturalisation or registration* in the United Kingdom, Channel Islands or Isle of Man at the time of her birth". Your maternal grandfather was born in the UK (both maternal grandparents were).
Next, the caseworker has to determine your eligibility using BNA 1981 4C. I have highlighted the elements that show that you are eligible for UKM Romein:

[F14C[F2Acquisition by registration: certain persons born before 1983]

(1)A person is entitled to be registered as a British citizen if—

(a)he applies for registration under this section, and

(b)he satisfies each of the following conditions.

(2)The first condition is that the applicant was born F3. . . before 1st January 1983.

[F4(3)The second condition is that the applicant would at some time before 1st January 1983 have become a citizen of the United Kingdom and Colonies—

(a)under section 5 of, or paragraph 3 of Schedule 3 to, the 1948 Act if assumption A had applied,

(b)under section 12(3), (4) or (5) of that Act if assumption B had applied and as a result of its application the applicant would have been a British subject immediately before 1st January 1949, or

(c)under section 12(2) of that Act if one or both of the following had applied—

(i)assumption A had applied;

(ii)assumption B had applied and as a result of its application the applicant would have been a British subject immediately before 1st January 1949.

(3A)Assumption A is that—

(a)section 5 or 12(2) of, or paragraph 3 of Schedule 3 to, the 1948 Act (as the case may be) provided for citizenship by descent from a mother in the same terms as it provided for citizenship by descent from a father, and

(b)references in that provision to a father were references to the applicant's mother.

(3B)Assumption B is that—

(a)a provision of the law at some time before 1st January 1949 which provided for a nationality status to be acquired by descent from a father provided in the same terms for its acquisition by descent from a mother, and

(b)references in that provision to a father were references to the applicant's mother.

(3C)For the purposes of subsection (3B), a nationality status is acquired by a person (“P”) by descent where its acquisition—

(a)depends, amongst other things, on the nationality status of one or both of P's parents, and

(b)does not depend upon an application being made for P's registration as a person who has the status in question.

(3D)For the purposes of subsection (3), it is not to be assumed that any registration or other requirements of the provisions mentioned in that subsection or in subsection (3B) were met.]

(4)The third condition is that immediately before 1st January 1983 the applicant would have had the right of abode in the United Kingdom by virtue of section 2 of the Immigration Act 1971 (c. 77) had he become a citizen of the United Kingdom and Colonies as described in subsection (3) above.

[F5(5)For the purposes of the interpretation of section 5 of the 1948 Act in its application in the case of assumption A to a case of descent from a mother, the reference in the proviso to subsection (1) of that section to “a citizen of the United Kingdom and Colonies by descent only” includes a reference to a female person who became a citizen of the United Kingdom and Colonies by virtue of—

(a)section 12(2), (4) or (6) only of the 1948 Act,

(b)section 13(2) of that Act,

(c)paragraph 3 of Schedule 3 to that Act, or

(d)section 1(1)(a) or (c) of the British Nationality (No. 2) Act 1964.]]

Last edited by jmin; Mar 11th 2022 at 1:32 pm.
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Old Mar 11th 2022, 5:37 pm
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Default Re: Citizenship by Double Descent refused (mom born in Rhodesia)

Thank you so much BritInParis and jmin for the help. I'll let you know what happens (I guess it will be another year before I know...)
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Old Mar 11th 2022, 9:08 pm
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Default Re: Citizenship by Double Descent refused (mom born in Rhodesia)

You're welcome. You could also register a complaint with them stating that your caseworker did not adhere to the Romein decision when evaluating your case. You will receive a response within 20 days. Perhaps it is worth a shot? This could be done while you are preparing your new application. You were eligible for registration through UKM and through no fault of your own UKVI/Home Office did not follow their own "correct requirements or criteria". The stated reason for their refusal is a good indicator that they did not consider your eligibility for registration under Romein. Personally, I believe that it would be fundamentally unfair for you to have to pay for re-consideration on a free application for what is entirely their error. Similarly, forcing you to wait a year for them to evaluate a new application is unfair.

Here is the information on the complaints procedure:
https://www.gov.uk/government/organi...ints-procedure
You can use the online tool or email them.
If you complain by email, include your reference number in the email subject and all other information they request.

In your complaint, state that this was a UKM Romein application, that the Home Office clearly made an error that was contrary to the Romein decision, the Home Office's
Guidance on how to consider applications for registration under sections 4C and 4F4I of the British Nationality Act 1981, and British Nationality Law.

Then explain how you are eligible for registration under the Romein decision using form UKM:
  1. This was a quintessential example of a UKM Romein registration and the stated reason for refusal is not compliant with the Romein decision.
  2. You meet all the conditions for registration as set out in the Home Office's "Guidance on how to consider applications for registration under sections 4C and 4F4I of the British Nationality Act 1981"
  3. Your mother was born in wedlock in 1956.
  4. Your mother was a CUKC by descent by BNA 1948 5(1) because your maternal grandfather was born in the UK. The Romein decision explicitly concerned a mother who was a BNA 1948 5(1) CUKC by descent who was born outside of the UK, as was your mother. Similarly, the mother's father was born in the UK, as was your mother's father.
  5. You were born before 1 January 1983.
  6. You were born in 1981 in South Africa, which was not a Commonwealth country at the time of your birth.
  7. If not for gender discrimination, your mother would have been able to register you as a CUKC by descent under BNA 1948 5(1)(b).
  8. The Home Office guidance on BNA 1948 5(1)(b) as applies to UKM Romein registrations states that: "Where you are considering whether a person who was born outside the UK between 1 January 1949 and 31 December 1982 (inclusive) to a British mother you must disregard the requirement that their birth must have been registered with a UK consulate in the 12 month period after their birth.".
  9. You meet all the conditions required under BNA 1981 4C if the assumption set out in section 4C(3A) had applied at the relevant time.
  10. You would have had the right of abode in the UK under section 2 of the Immigration Act of 1971 because "one of your mother’s parents **was a citizen of the United Kingdom and Colonies by birth, legal adoption, naturalisation or registration* in the United Kingdom, Channel Islands or Isle of Man at the time of her birth". Your maternal grandfather was born in the UK (both maternal grandparents were).
  11. You are therefore eligible to register using form UKM

While nothing might come of your complaint, they might reverse themselves since the error was entirely theirs in not considering their own guidance, the Romein decision, and nationality law. I found a post on another site where a UKM registration refusal was reversed using the complaints procedure.

Last edited by jmin; Mar 11th 2022 at 9:11 pm.
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Old Mar 11th 2022, 10:43 pm
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Default Re: Citizenship by Double Descent refused (mom born in Rhodesia)

jmin has made a good suggestion. Try a complaint and see if that reverses the decision without having to go to the back of the queue again.
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Old Mar 12th 2022, 4:35 am
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Default Re: Citizenship by Double Descent refused (mom born in Rhodesia)

That's a fantastic idea, thanks! I'll let you know what happens.
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Old Apr 11th 2022, 11:23 am
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Default Re: Citizenship by Double Descent refused (mom born in Rhodesia)

Hi guys,

I got a response to my complaint today. They said it doesn't fall within the scope of complaints and I have to do form NR and pay the ridiculous amount to appeal.

So that sucks.
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