Important Updates
Important Updates
October 15, 2025 | New ZealandNew Zealand: Temporary Process Implemented to Manage Employer Updates After Sale/Restructure
October 15, 2025 | United KingdomArts Professional: Creative Sector Must ‘Come Together’ to Give Artists Easier Access to Visas
October 15, 2025 | United States, United KingdomFinancial Times: Boom Time for Immigration Lawyers as US and UK Tighten Restrictions
October 15, 2025Mali: Visa Bond Required for U.S. Nationals Applying for Business or Tourist Visas
October 15, 2025 | 🌐Minimum Salary Changes Announced
October 15, 2025 | New ZealandNew Zealand: Temporary Process Implemented to Manage Employer Updates After Sale/Restructure
October 15, 2025 | United KingdomArts Professional: Creative Sector Must ‘Come Together’ to Give Artists Easier Access to Visas
October 15, 2025 | United States, United KingdomFinancial Times: Boom Time for Immigration Lawyers as US and UK Tighten Restrictions
October 15, 2025Mali: Visa Bond Required for U.S. Nationals Applying for Business or Tourist Visas
October 15, 2025 | 🌐Minimum Salary Changes Announced
October 15, 2025 | New ZealandNew Zealand: Temporary Process Implemented to Manage Employer Updates After Sale/Restructure
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 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
  • Travel & Mobility Considerations: Situation in the Middle East
  • 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

Media mentions

Arts Professional: Creative Sector Must ‘Come Together’ to Give Artists Easier Access to Visas

Partner Louise Haycock highlights opportunities for easier access to overseas talent for the UK creative sector while guiding businesses through evolving visa rules.

Learn more

Blog post

British Citizenship for Adopted and Surrogate Children: What Families Should Know

Associate Amelia Haynes and Paralegal Clare Macmillan Bell discuss the legal considerations surrounding British citizenship for children born through adoption or surrogacy.

Learn more

Media mentions

Financial Times: Boom Time for Immigration Lawyers as US and UK Tighten Restrictions

Partner Bo Cooper provides insight on how evolving US and UK immigration policies, including recent H-1B changes, are shaping corporate mobility and compliance strategies.

Learn more

Video

Atividades Técnicas sob Status de Visitante | #MobilityMinute

O Diretor Executivo da Fragomen Brasil, Diogo Kloper, destaca uma atualização importante na política migratória brasileira, que muda significativamente o que estrangeiros podem fazer no país sob o status de visitante.

Learn more

Media mentions

Global Mobility Lawyer: Founders Without Frontiers: Navigating Immigration Rules for Start-Ups

Partner Rajiv Naik provides insight on how immigration frameworks across the UK, Europe and EMEA are evolving to support start-ups and entrepreneurial talent.

Learn more

Media mentions

The New York Times: Visiting the European Union? Expect to Give Your Biometric Data.

Partner Jo Antoons discusses the rollout of the EU's new Entry/Exit System.

Learn more

Media mentions

The Times: Bye bye, Dubai: why families are heading for Abu Dhabi

Fragomen is featured in The Times as a key immigration adviser highlighting Abu Dhabi’s rising demand for golden visas, especially among UK nationals seeking long-term, self-sponsored residency.

Learn more

Video

Important Update for Brazil-Bound Visitors | #MobilityMinute

Brazil Managing Partner Diana Quintas highlights Brazil’s visitor visa rules and what travelers should know.

Learn more

Blog post

Changes to Skilled Worker Dependants: How UK Government’s July 2025 Rules Affect Tech Talent

Senior Manager Kinka Tonchev and Paralegal Emily Whalley discuss how upcoming UK visa changes will affect skilled worker dependants and reshape tech sector mobility.

Learn more

Fragomen news

Partner Marius Tollenaere Contributes to Third Edition of Einwanderungsrecht

Partner Marius Tollenaere provides key insights on labour migration, procedures and employer obligations in the latest edition of "Einwanderungsrecht".

Learn more

Blog post

Beyond PERM: Leveraging Schedule A, Group II for Exceptional Ability in the Sciences, Arts and Performing Arts

Associate Matthew Smith discusses how professionals with exceptional ability in the sciences, arts and performing arts can bypass the PERM process by leveraging Schedule A, Group II for a streamlined green card application.

Learn more

Awards

Managing Partner of the United Kingdom Nadine Goldfoot Recognised as Legal 500's "Leading Partners"

Managing Partner of the United Kingdom Nadine Goldfoot is recognised as Legal 500's "Leading Partners."

Learn more

Media mentions

Arts Professional: Creative Sector Must ‘Come Together’ to Give Artists Easier Access to Visas

Partner Louise Haycock highlights opportunities for easier access to overseas talent for the UK creative sector while guiding businesses through evolving visa rules.

Learn more

Blog post

British Citizenship for Adopted and Surrogate Children: What Families Should Know

Associate Amelia Haynes and Paralegal Clare Macmillan Bell discuss the legal considerations surrounding British citizenship for children born through adoption or surrogacy.

Learn more

Media mentions

Financial Times: Boom Time for Immigration Lawyers as US and UK Tighten Restrictions

Partner Bo Cooper provides insight on how evolving US and UK immigration policies, including recent H-1B changes, are shaping corporate mobility and compliance strategies.

Learn more

Video

Atividades Técnicas sob Status de Visitante | #MobilityMinute

O Diretor Executivo da Fragomen Brasil, Diogo Kloper, destaca uma atualização importante na política migratória brasileira, que muda significativamente o que estrangeiros podem fazer no país sob o status de visitante.

Learn more

Media mentions

Global Mobility Lawyer: Founders Without Frontiers: Navigating Immigration Rules for Start-Ups

Partner Rajiv Naik provides insight on how immigration frameworks across the UK, Europe and EMEA are evolving to support start-ups and entrepreneurial talent.

Learn more

Media mentions

The New York Times: Visiting the European Union? Expect to Give Your Biometric Data.

Partner Jo Antoons discusses the rollout of the EU's new Entry/Exit System.

Learn more

Media mentions

The Times: Bye bye, Dubai: why families are heading for Abu Dhabi

Fragomen is featured in The Times as a key immigration adviser highlighting Abu Dhabi’s rising demand for golden visas, especially among UK nationals seeking long-term, self-sponsored residency.

Learn more

Video

Important Update for Brazil-Bound Visitors | #MobilityMinute

Brazil Managing Partner Diana Quintas highlights Brazil’s visitor visa rules and what travelers should know.

Learn more

Blog post

Changes to Skilled Worker Dependants: How UK Government’s July 2025 Rules Affect Tech Talent

Senior Manager Kinka Tonchev and Paralegal Emily Whalley discuss how upcoming UK visa changes will affect skilled worker dependants and reshape tech sector mobility.

Learn more

Fragomen news

Partner Marius Tollenaere Contributes to Third Edition of Einwanderungsrecht

Partner Marius Tollenaere provides key insights on labour migration, procedures and employer obligations in the latest edition of "Einwanderungsrecht".

Learn more

Blog post

Beyond PERM: Leveraging Schedule A, Group II for Exceptional Ability in the Sciences, Arts and Performing Arts

Associate Matthew Smith discusses how professionals with exceptional ability in the sciences, arts and performing arts can bypass the PERM process by leveraging Schedule A, Group II for a streamlined green card application.

Learn more

Awards

Managing Partner of the United Kingdom Nadine Goldfoot Recognised as Legal 500's "Leading Partners"

Managing Partner of the United Kingdom Nadine Goldfoot is recognised as Legal 500's "Leading Partners."

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.