Important Updates
Important Updates
February 4, 2026 | United KingdomUnited Kingdom: Offshore Well Boat Workers Concession Extended
February 5, 2026 | QatarQatar: Long-Term Residence Permit for Executives and Entrepreneurs Announced
February 4, 2026 | IndonesiaIndonesia: Global Citizenship of Indonesia Program Announced
February 4, 2026 | Sri LankaSri Lanka: New Visa Options for Digital Nomads and Tourists Launched
February 4, 2026 | ThailandThailand: Mandatory Online Work Permit and Foreign Worker Registration System Forthcoming
February 4, 2026 | United KingdomUnited Kingdom: Offshore Well Boat Workers Concession Extended
February 5, 2026 | QatarQatar: Long-Term Residence Permit for Executives and Entrepreneurs Announced
February 4, 2026 | IndonesiaIndonesia: Global Citizenship of Indonesia Program Announced
February 4, 2026 | Sri LankaSri Lanka: New Visa Options for Digital Nomads and Tourists Launched
February 4, 2026 | ThailandThailand: Mandatory Online Work Permit and Foreign Worker Registration System Forthcoming
February 4, 2026 | United KingdomUnited Kingdom: Offshore Well Boat Workers Concession Extended
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 AdministrationFragomen Consulting EuropeImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese 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
  • Fragomen Consulting Europe
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • 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

Podcast

Space for Everyone: Women in Space - Breaking Barriers, Shaping the Future

Director Laxmi Limbani discusses how women are shaping the global space sector, the barriers they face and what is needed to support a more inclusive space workforce.

Learn more

Blog post

§ 45c AufenthG: Neue Informationspflicht fĂ¼r Arbeitgeber bei Anwerbung aus dem Ausland

Senior Associate Ruben Fiedler outlines the new employer information obligation under Section 45c of the German Residence Act, explaining when it applies, what employers must provide to third-country nationals recruited from abroad and the practical steps needed to ensure compliance from 1 January 2026.

Learn more

Podcast

Luxury Unwrapped

Partners Cosmina Morariu and Rahul Soni examine how immigration and global mobility trends are influencing workforce strategy across the luxury sector.

Learn more

Blog post

Migration After Brexit: What the UK Can Learn from the EU’s Talent Strategy

UK Government Affairs Strategy Director Shuyeb Muquit compares the EU’s new Visa Strategy with the UK’s post-Brexit immigration system and assesses what the UK can learn to remain competitive for global talent.

Learn more

Media mentions

Gazeta Prawna: Dodatkowa przeszkoda w delegowaniu pracownikĂ³w

Partner Karolina Schiffter highlights that new electronic signature rules may delay work permit procedures for foreign workers in Poland.

Learn more

Blog post

US Visitor Visa Rules for the 2026 FIFA World Cup: What Fans Should Know

Senior US Consular Manager Brian L. Simmons outlines how evolving US visitor visa rules, travel bans and new financial requirements may affect attendance at the 2026 FIFA World Cup and how early fans must prepare.

Learn more

Video

Brazil Statutory Director Visa: Requirements, Investment and Process

In this video, Brazil Managing Partner Diana Quintas explains the statutory director visa, outlining who qualifies, key compliance considerations and what employers and directors should consider when planning appointments or changes to board leadership.

Learn more

Fragomen news

Fragomen's Immigration Guide for the UK Tech Sector

Fragomen’s "Immigration Guide for the UK Tech Sector" introduces visa options available for those working and recruiting in the tech sector.

Learn more

Media mentions

Global Mobility Lawyer: A Focus on Compliance Means Clients Often Miss the Strategic Risk

Europe Managing Partner George Koureas highlights the growing role of immigration in shaping global business and managing strategic risks.

Learn more

Blog post

What UK Immigration Changes Mean for Tech Employers in 2026

Senior Associate Tayyaba Karim and Immigration Consultant Khadija Begum examine key UK immigration developments affecting the tech sector at the start of 2026, including higher sponsorship costs, new Skilled Worker English language requirements and emerging policy reforms shaping workforce planning.

Learn more

Blog post

Future-Proof Your Status: Why Applying Early for Singapore PR Makes Sense Now

Assistant Business Immigration Manager Shirley Kock and Senior Business Immigration Consultant Eunice Leo examine why applying early for Singapore permanent residency can strengthen long-term outcomes for foreign professionals and their families amid increasing competition and evolving immigration policies.

Learn more

Blog post

British and Irish Dual Nationals: UK ETA Rules and Passport Requirements

UK Government Affairs Strategy Director Shuyeb Muquit outlines key passport and documentation considerations for British and Irish dual nationals as the UK’s Electronic Travel Authorisation (ETA) scheme moves into full enforcement from 25 February 2026, warning that failure to carry proof of British or Irish citizenship may result in boarding delays or refusal.

Learn more

Podcast

Space for Everyone: Women in Space - Breaking Barriers, Shaping the Future

Director Laxmi Limbani discusses how women are shaping the global space sector, the barriers they face and what is needed to support a more inclusive space workforce.

Learn more

Blog post

§ 45c AufenthG: Neue Informationspflicht fĂ¼r Arbeitgeber bei Anwerbung aus dem Ausland

Senior Associate Ruben Fiedler outlines the new employer information obligation under Section 45c of the German Residence Act, explaining when it applies, what employers must provide to third-country nationals recruited from abroad and the practical steps needed to ensure compliance from 1 January 2026.

Learn more

Podcast

Luxury Unwrapped

Partners Cosmina Morariu and Rahul Soni examine how immigration and global mobility trends are influencing workforce strategy across the luxury sector.

Learn more

Blog post

Migration After Brexit: What the UK Can Learn from the EU’s Talent Strategy

UK Government Affairs Strategy Director Shuyeb Muquit compares the EU’s new Visa Strategy with the UK’s post-Brexit immigration system and assesses what the UK can learn to remain competitive for global talent.

Learn more

Media mentions

Gazeta Prawna: Dodatkowa przeszkoda w delegowaniu pracownikĂ³w

Partner Karolina Schiffter highlights that new electronic signature rules may delay work permit procedures for foreign workers in Poland.

Learn more

Blog post

US Visitor Visa Rules for the 2026 FIFA World Cup: What Fans Should Know

Senior US Consular Manager Brian L. Simmons outlines how evolving US visitor visa rules, travel bans and new financial requirements may affect attendance at the 2026 FIFA World Cup and how early fans must prepare.

Learn more

Video

Brazil Statutory Director Visa: Requirements, Investment and Process

In this video, Brazil Managing Partner Diana Quintas explains the statutory director visa, outlining who qualifies, key compliance considerations and what employers and directors should consider when planning appointments or changes to board leadership.

Learn more

Fragomen news

Fragomen's Immigration Guide for the UK Tech Sector

Fragomen’s "Immigration Guide for the UK Tech Sector" introduces visa options available for those working and recruiting in the tech sector.

Learn more

Media mentions

Global Mobility Lawyer: A Focus on Compliance Means Clients Often Miss the Strategic Risk

Europe Managing Partner George Koureas highlights the growing role of immigration in shaping global business and managing strategic risks.

Learn more

Blog post

What UK Immigration Changes Mean for Tech Employers in 2026

Senior Associate Tayyaba Karim and Immigration Consultant Khadija Begum examine key UK immigration developments affecting the tech sector at the start of 2026, including higher sponsorship costs, new Skilled Worker English language requirements and emerging policy reforms shaping workforce planning.

Learn more

Blog post

Future-Proof Your Status: Why Applying Early for Singapore PR Makes Sense Now

Assistant Business Immigration Manager Shirley Kock and Senior Business Immigration Consultant Eunice Leo examine why applying early for Singapore permanent residency can strengthen long-term outcomes for foreign professionals and their families amid increasing competition and evolving immigration policies.

Learn more

Blog post

British and Irish Dual Nationals: UK ETA Rules and Passport Requirements

UK Government Affairs Strategy Director Shuyeb Muquit outlines key passport and documentation considerations for British and Irish dual nationals as the UK’s Electronic Travel Authorisation (ETA) scheme moves into full enforcement from 25 February 2026, warning that failure to carry proof of British or Irish citizenship may result in boarding delays or refusal.

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

© 2026 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.