jmin

That is unfortunate. I suppose it is a choice between submitting UKM again - with the justification - and waiting a year or paying for form NR (along with the justification) for what should be a quicker decision.

If you use form NR perhaps you can add a request for the fee to be refunded as the application was decided contrary to nationality law and the Romein decision. Unlike other application processes, UKM does not have discretion so an applicant should not have to use form NR in the first place.

jmin

I examined the Form NR/reconsiderations refund policy and "Where an application for a certificate of registration or naturalisation, or for a certificate of entitlement, has been refused and is subsequently overturned following a reconsideration, the fee paid for the reconsideration will be refunded. " I assume that Form UKM "Application for registration as a British citizen" is included in a certificate of registration?

If you decide to use Form NR cite the refund policy ('Reconsiderations' on page 12 of the "Immigration and Nationality Refunds Policy" version 6.0).

This policy addresses the fact that there is no discretion in registration or naturalisation. So if the caseworker's decision was in error, you are refunded. If the decision was properly made, the fee is non-refundable.

Besides including the reasoning I gave you before for a reconsideration, perhaps enclose the relevant portion of the guide below which caseworkers use to evaluate claims. It is an additional piece that the person doing the reconsideration can see was incorrectly decided in several minutes of review.
https://assets.publishing.service.go...m-Nov_2020.pdf
If you do not include the first page, write which guide it is at the top of page 4.
On Page 4, circle:

• you were born before 1 January 1983
• you would have become a citizen of the United Kingdom and Colonies by descent if, before 1 January 1983, women had been able to pass on citizenship to their children in the same way as men at the time of your birth (and write 'refer to following page/page 5')
• you would have acquired a right of abode in the UK 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, or

One Page 5, circle:

• your mother was, at the time of your birth, a citizen of the United Kingdom and Colonies and:
• you were born, or your mother was born, in a British protectorate, protected state, mandated territory or trust territory or in any foreign place in which British subjects came under British extraterritorial jurisdiction, or you were born in a non-Commonwealth country, or ( and write 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)

https://assets.publishing.service.go...m-NR-10-18.pdf

Squirrel81

Thanks jmin, your help has been invaluable.
I'm supposing I have to send all my documents again?
Also, I haven't received the refund for the ceremony fee yet- do you know how long it takes?

jmin

You are welcome, I hope that the decision is reversed quickly. I believe you have to send the documents in and in any case, it would be a good idea to do so so that the examiner comes to the correct decision without having to revert to you for more information.

You are asking for reconsideration on these grounds: Do you believe that the decision was incorrect according to law? If so, say which requirements have been assessed incorrectly. Do this with reference to the guide that accompanied the application form and our casework instructions.
This is one of the guides that address your situation, the other is the one that I linked in post 32. I explained how the guide below applied to you in post 25:
https://assets.publishing.service.go...ts-v6.0ext.pdf

Include the information in detailed information in post 27. Explain and attach the circled document that I mentioned in post 32 and how the reasoning in the denial letter is therefore flawed. I believe you will want to specifically focus on how your caseworker decided incorrectly that you could not register as your mother was by descent. (circled document make it clear the caseworker was in error)

It's unfortunate that your caseworker erred since you meet all of the conditions. Let us know how it turns out.

I do not know how long the ceremony fee refund takes.

jhart

Hi all, hope you don't mind me resurrecting this thread. I'm preparing a Romein application at the moment -- I was born in the US in 1977 and maternal grandfather was British born in England. I'm reading the Home Office guidance on Children of British Mothers, https://assets.publishing.service.go...ts-v6.0ext.pdf

To quote:

Evidence of the mother’s status

Evidence of the mother’s British subject status or CUKC at the time of the applicant’s birth such as:
• a birth certificate showing the mother’s birth in the United Kingdom and Colonies
• a passport describing the mother as a CUKC at that time
• a certificate confirming the mother’s earlier naturalisation or registration as a CUKC
• an adoption certificate showing the mother’s legal adoption in the United Kingdom or Islands, together with evidence to establish that she became a CUKC as a result (see adoption guidance for an explanation of the nationality effects of adoption orders prior to 1983)
• a passport or certificate of naturalisation showing that the mother was a British subject before 1949, together with relevant evidence to show that she became a CUKC at commencement of the British Nationality Act 1948

End quote

There seems to be no option here for applicants claiming citizenship under Romein, in that there is no option to show the mother's status by showing her as having been born in wedlock to a British father and that she could have passed citizenship to you by having your birth registered, etc. Perhaps the case worker was simply reading down the list and as you didn't have any of the listed items showing your mother was "otherwise than by descent," you were summarily rejected. Is it possible that the guidance has not been fully updated to reflect Romein?

jmin

Passport examiners routinely deal with Romein applications from SA. The issue was that the passport examiner made an error that might not have happened had the person he used to submit the claim said exactly how he qualified. The firm he used did not say how he qualified because they had submitted many successful Romein claims without incident. It would also likely not have fit their business model (low-cost applications). Still, it should not have happened since it was a straightforward claim, registration examiners should be familiar with the claims (they have training and tests before they evaluate claims), and they have a high volume of Romein claims from SA. Also, there are many successful Romein claims on this forum where the applicant submitted only the required documentation and no justification.

It does not matter that his mother was by descent only. She was, in fact, not otherwise than by descent. The Romein case also dealt with a mother who was by descent only.

Successful Romein claims from a mother who was by descent only occur based on either where the applicant is born or where the mother was born. What the examiner appears to have incorrectly interpreted was 4C(5) BNA 1981 when read with 5(1)(b) BNA 1948 which allows descent only registrations. The most likely reason for the confusion is that the examiner focused on the mother's birthplace instead of the applicant's. The examiner would have noted that the mother was by descent only. Assuming they did not stop there, this could have led the examiner to review 5(1)(a) while somehow skipping 5(1)(b). Or the examiner read 5(1)(b) and decided that either South Africa was not a foreign country or that the one year registration period applied (it does not, per Romein and their guidance). This is unlikely because the examiner did not note this as a reason for refusal, only the mother's status. Or there was something about this case that the examiner noted but we do not know about.

Passport examiners do make errors which I know from reviewing some of the old cases on here, another forum, and my own application. They made errors reviewing my (complex, non-Romein) application more than once despite stating how I qualified in detail (I used a well-known firm for this) and with extensive documentation. Two of these errors suggested the passport examiner did not actually read my application. Because British nationality law is so complex, the potential for errors in any application is high.

As to the guidance you cited, there is an option to "show the mother's status by showing her as having been born in wedlock to a British father". It's on page 7. The list appears complicated to you and me and most everyone else but to someone who processes registrations, it should be straightforward. They also have guidance to assist them in correctly deciding claims, training, and tests.

The list I take away from that guidance is:
Your birth certificate showing the date of birth.
Evidence mother was British subject or CUKC at time of your birth.
Evidence showing a Romein claim under 5(1)(b) BNA 1948 which is where you were born (or other registration routes such as 5(1)(a) if it's based on mother's birth place, or crown service 5(1)(c)).
When the claim is based on the grandparent being born in the UK (ie in this case and yours) you have to provide the marriage certificate, among other items to prove the applicant would have had ROA. (which is why there is an 'option' to show the mother's status under Romein)

There are other guides that are somewhat less confusing:
https://assets.publishing.service.go...m-Nov_2020.pdf

Then there is a more comprehensive guide to registration routes that is as confusing as the one you cited (go to the bottom of page 18 for 4C registrations):
https://assets.publishing.service.go...en-v7.0ext.pdf

Squirrel81

Update: I've heard nothing from the Home Office since I appealed the decision, and apart from the money going off my bank account I wouldn't even know they're actually doing anything. But yesterday I received an email from the British High Commission in South Africa saying that they have my citizenship certificate and will let me know when to go for oath ceremony. So I'm guessing that it was successful?!
Thank you so much for your help, it was invaluable!

BritInParis

jmin

Congratulations, your request for reconsideration was successful. I am glad we were able to help you. Did you request that they refund you the cost of form NR as the error was theirs?

Others reading this thread in the future can make use of the reconsideration route (form NR) to have their registration re-evaluated in 1/3 of the time that a resubmission would take.

Squirrel81

I did request a refund if my appeal was successful. I literally have heard nothing from the Home Office. I'm wondering if I should wait until I've done the oath ceremony before I start making noises?
Again, thank you for your help, especially with all the things to include in my appeal.

BritInParis

If your application has been approved then you can start making noises now.

Squirrel81

Update: I was supposed to attend an oath ceremony this coming Friday but it's been postponed because of the Queen's death. Hopefully I'll hear something soon, once things are more settled.