stuzoo

Hi All,

I was born in Rhodesia in 1974 to a British mother who attained her citizenship from her UK born father. I see that for some reason the Romein case only allows access to apply for the UK passport for those born in 'foreign' countries. Is there a logical reason for this, or it it just because in the Romein case those were the circumstances? My maternal grandfather and paternal grandmother were UK born.

Another wrinkle is that I was born under the Rhodesian UDI, would that have any bearing on the case? Does anyone see any path to applying?

One of these frustrating cases where both my parents have UK passports and I am stuck with a South Africa one.

Thanks!

jmin

The reason that BNA 1948 5(b) applied only to births in foreign countries (the section your question is about), and not Commonwealth countries, is interesting. Those born in Commonwealth countries were 'British subjects' or 'Commonwealth citizens' under BNA 1948 Section 1 and had a common law right to enter and reside in the UK. The thinking was that because they had all the advantages of British subject status, they did not need a registration route through BNA 1948 5(b).

5(a) applied to "protectorates, 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". (another route not including Zim)

Romein is meant to address gender discrimination and it does, as long as you were not born in a country that was not in the commonwealth at the time of your birth. It does not, however, go beyond addressing discrimination.

Perhaps you have another route, when (year) and where were your parents and both sets of grandparents born? When were the marriages?

stuzoo

Thats super interesting, it would be great if there were another route, here are my details, I was born in 1974 Zimbabwe. My parents were married in 1961 in Zim.

Paternal side
Father born 1936 in South Africa,
Grandfather born in South Africa - 1908 South Africa
Grandmother born in England - July 1908Royston, Hertfordshire, United Kingdom

Maternal side
Mother born in 1941 South Africa, her parents married in 1938 South Africa,
Grandfather born in England - 1905Didsbury, Lancashire, England
Grandmother born in India - 1912Bellary Cantonment, Ramandrug, South India

jmin

What year did your grandparents (or only parents) leave South Africa for Rhodesia?

stuzoo

1946 for my Fathers side and 1947 for my mother's

jmin

Do you know how your mother and father became CUKCs/British citizens? Was there some registration route used or was it just automatic acquisition from your grandparents? I know that both would be British from their parents but sometimes there is a different route used, particularly with Rhodesia.

Since your parents left SA before 1949 they did not automatically obtain South African citizenship. Are both your parents also South African and if so, how? How are you South African? You are also Zimbabwean or did you lose it?

Since they arrived in 1946 and 1947 I suppose they did not register as citizens of the Federation of Rhodesia and Nyasaland (58-63).

Have you done the free inquiry with Philip gamble/sable international? If so, what did they say? Rhodesia is complex.