Important Updates
Important Updates
September 16, 2025 | AustraliaAustralia: Draft Core Skills Occupation List for Proposed Skills in Demand Visa Released
September 17, 2025 | BrazilAgência Exios: Inovação e contratação de talentos estrangeiros: o desafio do compliance em novos cenários
September 17, 2025 | BelgiumBelgium: Immigration Processing Delays
September 17, 2025 | DenmarkDenmark: Delays for ‘Association Agreement with Türkiye’-Covered Applications
September 17, 2025 | United Arab EmiratesUnited Arab Emirates: New Electronic Visa Platform Announced
September 16, 2025 | AustraliaAustralia: Draft Core Skills Occupation List for Proposed Skills in Demand Visa Released
September 17, 2025 | BrazilAgência Exios: Inovação e contratação de talentos estrangeiros: o desafio do compliance em novos cenários
September 17, 2025 | BelgiumBelgium: Immigration Processing Delays
September 17, 2025 | DenmarkDenmark: Delays for ‘Association Agreement with Türkiye’-Covered Applications
September 17, 2025 | United Arab EmiratesUnited Arab Emirates: New Electronic Visa Platform Announced
September 16, 2025 | AustraliaAustralia: Draft Core Skills Occupation List for Proposed Skills in Demand Visa Released
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationTravel & Mobility Considerations: Situation in the Middle EastImmigration Matters: Your U.S. Compliance RoadmapHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Travel & Mobility Considerations: Situation in the Middle East
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

Decision in Romein Judgment Opens Up Access to British citizenship

June 13, 2018

Country / Territory

  • United KingdomUnited Kingdom

Related offices

  • London
  • Sheffield

Related content

  • Pathways to British Citizenship
  • Citizenship by Ancestry

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • London
  • Sheffield

Related content

  • Pathways to British Citizenship
  • Citizenship by Ancestry

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • London
  • Sheffield

Related content

  • Pathways to British Citizenship
  • Citizenship by Ancestry

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Earlier this year, the UK Supreme Court announced a very significant judgment in the case of Romein.

British nationality cannot normally be transmitted to the second generation born outside of British territory, absent special circumstances.  However the Romein judgment means that anyone born between 1949 and 1983, in a country that was not at the time in the British Commonwealth, and who has a maternal grandfather who was born in the UK, should now be able to register as a British citizen and obtain a British passport, even if they do not come to live in the UK.

Who can qualify?

The judgment now creates a route for any applicant to apply for British citizenship if they satisfy the following conditions, among other things.

  1. They were born outside the UK between 1 January 1949 and 31 December 1982, in a non-Commonwealth country.*
  2. Their maternal grandfather was born in the UK.
  3. Their mother was born within wedlock.

(* It is the status of the country at the time of the birth that is important. For example South Africa was outside of the Commonwealth from 31 May 1962 to 25 July 1994 inclusive so births in this period would be qualifying.)

It would additionally be a requirement that the maternal grandfather had not lost British nationality before the birth of the mother, and the mother had not lost British nationality before the birth of the applicant. In practice, however, loss of British nationality is extremely rare and only occurs if the holder has made a successful renunciation application to the UK Home Office, or has been the subject to deprivation proceedings, which historically would only occur in extraordinary cases, e.g. in cases involving national security.

Considerations

Many of those who can benefit from the Romein decision will already have the option of moving to the UK if they are coming to work.  For example a qualifying applicant born in South Africa would already have the option of coming to the UK on an ancestry visa (as they would have a grandparent born in the UK), which leads to permanent residence after 5 years living and working in the UK, and British citizenship 12 months after that.

However this decision would now allow an applicant to acquire a British passport even without relocating to the UK.  This could be a significant attraction, for example to a South African passport holder, as it would then be significantly easier for them to travel internationally.

Additionally, many of those who now qualify will not be Commonwealth citizens, and therefore have no ancestry visa option.  For example a US national (as in Ms Romein’s case) would not qualify for an ancestry visa, but could qualify to obtain British citizenship directly, under the new judgment.

Once evidenced in a passport, British citizenship allows the holder to come and live in the UK without restriction. They can also potentially sponsor family members (spouse and children under 18) to relocate with them.

Additionally, the European Union withdrawal process looks set to result in a ‘transitional period’ under which British citizens will continue to have the option of establishing residence, along with their third-country national family members, in other European member states, up to and including 31 December 2020, and thereafter to continue residing in that member state until they have completed a qualifying five year period, at which point they can acquire permanent residence status.  This effectively means that free movement rights for British citizens will continue to exist until 2021.

A key consideration for those applying is the issue of multiple nationalities; care must be taken that the applicant will not lose their existing nationality in the process. The US for example permits multiple nationalities in practice. South Africa permits multiple nationalities but an applicant over the age of 18 must first apply for permission from the Department of Home Affairs. Some other countries do not permit multiple nationality, and acquisition of British citizenship would result in loss of their other nationality.

It is also worth remembering that the ancestral connection back to the maternal grandfather in question must be fully documented, in order for the claim to be established.

Finally, the successful applicant will need to attend a local British consulate, High Commission or local authority, and give an oath or affirmation of allegiance to the Queen, which is a legal requirement.  (Under British law an applicant for citizenship can be an atheist but not a republican.)

Conclusion

This judgment significantly widens the numbers of people that can now claim British citizenship.  However, when compared to people moving to the UK under the immigration rules or European free movement rights, the numbers involved are likely to be relatively small.

Currently the Home Office do not appear to have updated their guidance to reflect the Supreme Court judgment and traditionally it can take a significant length of time to do this. However the judgment of the court is final and the route it creates is not discretionary; unless and until the UK government introduces a new primary legislation to reverse the effect of the judgment, any qualifying applicant who submits a valid application has an entitlement to be granted British citizenship.

For more information, please contact Alexander Finch via [email protected] or 0207 090 9282.

Country / Territory

  • United KingdomUnited Kingdom

Related offices

  • London
  • Sheffield

Related content

  • Pathways to British Citizenship
  • Citizenship by Ancestry

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • London
  • Sheffield

Related content

  • Pathways to British Citizenship
  • Citizenship by Ancestry

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • London
  • Sheffield

Related content

  • Pathways to British Citizenship
  • Citizenship by Ancestry

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

Agência Exios: Inovação e contratação de talentos estrangeiros: o desafio do compliance em novos cenários

Managing Director Diogo Kloper examines the challenges of hiring foreign talent in Brazil’s evolving energy sector and the role of compliance in supporting innovation.

Learn more

Blog post

Skilled Worker Visa 2025: Impact on UK Aviation Roles

Manager Adam Hickling, Senior Immigration Consultant Katya Fedorenko and Paralegal Sasindie Ambawatte explore how upcoming changes to the UK's skilled worker visa scheme may affect recruitment and retention in the aviation sector.

Learn more

Media mentions

Construction Management: Crackdown on Illegal Working in Construction

Manager Kirsty Moore highlights the need for UK construction employers to maintain compliance and manage risks.

Learn more

Media mentions

Newsweek: Green Card Update: Applicants Receive Major Boost

Partner Parisa Karaahmet discusses updates in the October 2025 US visa bulletin for employment-based green card applicants.

Learn more

Video

Permanent Access Cards Replaced by Permanent Identity Cards for Golden Visa Holders in Jebel Ali Free Zone | #MobilityMinute

Afzal Amin highlights a significant update for UAE Golden Visa holders: the Jebel Ali Free Zone authorities have replaced permanent access cards with permanent identity cards.

Learn more

Blog post

Under the Microscope: How UK Care Providers Can Prepare for Home Office Compliance Checks

Manager Evan Tutton and Associate Naomi Nyamaah discuss increased Home Office scrutiny of the UK care sector, including more sponsor licence compliance checks and enforcement visits due to concerns over non-compliance and exploitation.

Learn more

Blog post

Understanding the 2025 Changes to Belgium’s Family Reunification Rules

Associate Pauline Chomel and Immigration Consultant Pebbless Agyemang discuss Belgium’s new family reunification rules and their impact on applicants.

Learn more

Media mentions

Labor Law Magazine: Travel Under Trump

Senior Associate Oliver L. Ashworth and Director David Iannella discuss recent US immigration and visa changes and what German businesses and travelers should know.

Learn more

Media mentions

The Caterer: Hospitality Employers See Visa Licences Revoked in Government Crackdown

Senior Manager Louise Senior highlights how UK hospitality employers face heightened risk as visa sponsors and why it is important for them to understand their responsibilities to avoid penalties.

Learn more

Fragomen news

Fragomen Brings Its Short-Term Business Travel Solution, Nomadic, to the Nordics

Fragomen announces the expansion of Nomadic to the Nordics, providing end-to-end support for short-term business travel and cross-border compliance.

Learn more

Blog post

Costa Rica Investment Residency Explained: Requirements and Options

Immigration Supervisor Michael Salas Guzman discusses Costa Rica investment residency options and requirements for foreign investors, retirees and rentiers.

Learn more

Media mentions

Gulf Business: Why Immigration Due Diligence is as Critical as Financial Scrutiny in the GCC

Managing Partner for the Middle East and Africa Murtaza Khan discusses why immigration due diligence is important in GCC mergers.

Learn more

Media mentions

Agência Exios: Inovação e contratação de talentos estrangeiros: o desafio do compliance em novos cenários

Managing Director Diogo Kloper examines the challenges of hiring foreign talent in Brazil’s evolving energy sector and the role of compliance in supporting innovation.

Learn more

Blog post

Skilled Worker Visa 2025: Impact on UK Aviation Roles

Manager Adam Hickling, Senior Immigration Consultant Katya Fedorenko and Paralegal Sasindie Ambawatte explore how upcoming changes to the UK's skilled worker visa scheme may affect recruitment and retention in the aviation sector.

Learn more

Media mentions

Construction Management: Crackdown on Illegal Working in Construction

Manager Kirsty Moore highlights the need for UK construction employers to maintain compliance and manage risks.

Learn more

Media mentions

Newsweek: Green Card Update: Applicants Receive Major Boost

Partner Parisa Karaahmet discusses updates in the October 2025 US visa bulletin for employment-based green card applicants.

Learn more

Video

Permanent Access Cards Replaced by Permanent Identity Cards for Golden Visa Holders in Jebel Ali Free Zone | #MobilityMinute

Afzal Amin highlights a significant update for UAE Golden Visa holders: the Jebel Ali Free Zone authorities have replaced permanent access cards with permanent identity cards.

Learn more

Blog post

Under the Microscope: How UK Care Providers Can Prepare for Home Office Compliance Checks

Manager Evan Tutton and Associate Naomi Nyamaah discuss increased Home Office scrutiny of the UK care sector, including more sponsor licence compliance checks and enforcement visits due to concerns over non-compliance and exploitation.

Learn more

Blog post

Understanding the 2025 Changes to Belgium’s Family Reunification Rules

Associate Pauline Chomel and Immigration Consultant Pebbless Agyemang discuss Belgium’s new family reunification rules and their impact on applicants.

Learn more

Media mentions

Labor Law Magazine: Travel Under Trump

Senior Associate Oliver L. Ashworth and Director David Iannella discuss recent US immigration and visa changes and what German businesses and travelers should know.

Learn more

Media mentions

The Caterer: Hospitality Employers See Visa Licences Revoked in Government Crackdown

Senior Manager Louise Senior highlights how UK hospitality employers face heightened risk as visa sponsors and why it is important for them to understand their responsibilities to avoid penalties.

Learn more

Fragomen news

Fragomen Brings Its Short-Term Business Travel Solution, Nomadic, to the Nordics

Fragomen announces the expansion of Nomadic to the Nordics, providing end-to-end support for short-term business travel and cross-border compliance.

Learn more

Blog post

Costa Rica Investment Residency Explained: Requirements and Options

Immigration Supervisor Michael Salas Guzman discusses Costa Rica investment residency options and requirements for foreign investors, retirees and rentiers.

Learn more

Media mentions

Gulf Business: Why Immigration Due Diligence is as Critical as Financial Scrutiny in the GCC

Managing Partner for the Middle East and Africa Murtaza Khan discusses why immigration due diligence is important in GCC mergers.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.