Important Updates
Important Updates
September 25, 2025 | GermanyThe Best Law Firms™ in Germany 2026 Recognizes Fragomen
September 25, 2025 | Saudi ArabiaAsharq Al Awsat: السعودية تمضي مع «رؤية 2030» بدعم التصنيع والتوطين وتوسع الاقتصاد
September 25, 2025 | EgyptEgypt: Increased Labor Inspections
September 25, 2025 | United KingdomFragomen Spotlighted in Financial Times for 2025 Innovative Lawyers Europe Awards
September 25, 2025 | RussiaRussia: Reminder for Notification Filing for Highly Qualified Specialists
September 25, 2025 | GermanyThe Best Law Firms™ in Germany 2026 Recognizes Fragomen
September 25, 2025 | Saudi ArabiaAsharq Al Awsat: السعودية تمضي مع «رؤية 2030» بدعم التصنيع والتوطين وتوسع الاقتصاد
September 25, 2025 | EgyptEgypt: Increased Labor Inspections
September 25, 2025 | United KingdomFragomen Spotlighted in Financial Times for 2025 Innovative Lawyers Europe Awards
September 25, 2025 | RussiaRussia: Reminder for Notification Filing for Highly Qualified Specialists
September 25, 2025 | GermanyThe Best Law Firms™ in Germany 2026 Recognizes Fragomen
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

Generic Insights

Media mentions

Asharq Al Awsat: السعودية تمضي مع «رؤية 2030» بدعم التصنيع والتوطين وتوسع الاقتصاد

Partner Haider Hussain underlines the role of talent mobility in shaping future growth sectors in the Kingdom.

Learn more

Fragomen news

Fragomen Spotlighted in Financial Times for 2025 Innovative Lawyers Europe Awards

Fragomen is recognised by the Financial Times for its innovative work in workforce mobility and cross-sector collaboration.

Learn more

Awards

The Best Law Firms™ in Germany 2026 Recognizes Fragomen

Fragomen has been recognized in the 2026 edition of The Best Law Firms™ in Germany, earning a Regional Tier 1 ranking in Hessen for Labor and Employment Law.

Learn more

Media mentions

Khaleej Times: $100,000 H-1B Visa Fee to Boost Demand for UAE's Golden, Freelance, Remote Work Visas

Partner Shayan Sultan discusses a rise in inquiries about UAE residency and remote work programmes amid global talent mobility trends.

Learn more

Media mentions

Personnel Today: Sponsor Licence Revocation: What HR and Mobility Leaders Need to Know

Partner Rajiv Naik, Senior Manager Thomas Kingsmill and Manager Ko Ito highlight rising UK sponsor licence revocations and how HR and mobility leaders can manage the impact.

Learn more

Media mentions

Reuters: Financial Firms to Feel Outsized Impact From Trump's H-1B Overhaul

Partner Bo Cooper discusses the $100,000 H-1B fee and its impact on financial, banking and technology firms relying on international talent.

Learn more

Media mentions

CNBC: Europe’s Work-Life Balance a Key Talent Draw as Trump Revamps H-1B Visa

Partner Louise Haycock highlights how the UK's immigration system and Skilled Worker visa changes support employers in planning talent pipelines.

Learn more

Media mentions

The Wall Street Journal: Tech’s H-1B Debate: Is Trump’s New Fee a Solution or Setback?

Partner Audrea Golding explains how the $100,000 H-1B fee could affect hiring across the tech industry.

Learn more

Blog post

Visa Applications and Document Services: Avoiding Delays and Ensuring Compliance

Immigration Supervisor Nathalie Pimenta and Immigration Programme Manager Frida Sakaj discuss the importance of planning visa applications and document services early to avoid delays and ensure compliance with UK regulations.

Learn more

Fragomen news

2025年9月22日 アメリカ移民法速報Learn more

Media mentions

Gazeta Prawna: Nowe przepisy o zatrudnianiu cudzoziemców 2025. Spada liczba zezwoleń na pracę

Partner Karolina Schiffter discusses how new regulations have led Polish companies to adjust their use of work permits.

Learn more

Media mentions

Human Resources Manager: Flucht und Arbeitsmigration: (noch) ein Dickicht in der Behördenlandschaft

Partner Marius Tollenaere examines Germany’s immigration administration and strategies to support skilled labor.

Learn more
Generic Insights

Media mentions

Asharq Al Awsat: السعودية تمضي مع «رؤية 2030» بدعم التصنيع والتوطين وتوسع الاقتصاد

Partner Haider Hussain underlines the role of talent mobility in shaping future growth sectors in the Kingdom.

Learn more

Fragomen news

Fragomen Spotlighted in Financial Times for 2025 Innovative Lawyers Europe Awards

Fragomen is recognised by the Financial Times for its innovative work in workforce mobility and cross-sector collaboration.

Learn more

Awards

The Best Law Firms™ in Germany 2026 Recognizes Fragomen

Fragomen has been recognized in the 2026 edition of The Best Law Firms™ in Germany, earning a Regional Tier 1 ranking in Hessen for Labor and Employment Law.

Learn more

Media mentions

Khaleej Times: $100,000 H-1B Visa Fee to Boost Demand for UAE's Golden, Freelance, Remote Work Visas

Partner Shayan Sultan discusses a rise in inquiries about UAE residency and remote work programmes amid global talent mobility trends.

Learn more

Media mentions

Personnel Today: Sponsor Licence Revocation: What HR and Mobility Leaders Need to Know

Partner Rajiv Naik, Senior Manager Thomas Kingsmill and Manager Ko Ito highlight rising UK sponsor licence revocations and how HR and mobility leaders can manage the impact.

Learn more

Media mentions

Reuters: Financial Firms to Feel Outsized Impact From Trump's H-1B Overhaul

Partner Bo Cooper discusses the $100,000 H-1B fee and its impact on financial, banking and technology firms relying on international talent.

Learn more

Media mentions

CNBC: Europe’s Work-Life Balance a Key Talent Draw as Trump Revamps H-1B Visa

Partner Louise Haycock highlights how the UK's immigration system and Skilled Worker visa changes support employers in planning talent pipelines.

Learn more

Media mentions

The Wall Street Journal: Tech’s H-1B Debate: Is Trump’s New Fee a Solution or Setback?

Partner Audrea Golding explains how the $100,000 H-1B fee could affect hiring across the tech industry.

Learn more

Blog post

Visa Applications and Document Services: Avoiding Delays and Ensuring Compliance

Immigration Supervisor Nathalie Pimenta and Immigration Programme Manager Frida Sakaj discuss the importance of planning visa applications and document services early to avoid delays and ensure compliance with UK regulations.

Learn more

Fragomen news

2025年9月22日 アメリカ移民法速報Learn more

Media mentions

Gazeta Prawna: Nowe przepisy o zatrudnianiu cudzoziemców 2025. Spada liczba zezwoleń na pracę

Partner Karolina Schiffter discusses how new regulations have led Polish companies to adjust their use of work permits.

Learn more

Media mentions

Human Resources Manager: Flucht und Arbeitsmigration: (noch) ein Dickicht in der Behördenlandschaft

Partner Marius Tollenaere examines Germany’s immigration administration and strategies to support skilled labor.

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.