UKM Denied - Confused!

I’ve been helping my husband apply for British Citizenship via UKM Romein judgement. He just got a letter back that it was denied because “under the Romein judgement we are only able to register an applicant under section 4c if their mother was a CUKC by descent (with ROA under section 2(1)(b)(I) of the Immigration Act 1971) and the applicant was born in a foreign country. You were born in a Commonwealth country and would not of met the requirements of CUKC under section 5(1)(b).”

Husband born 1960
Father born Canada 1922
Mother born Canada 1924
Maternal grandfather born UK 1890s

The caseworker confirms that his mother was a CUKC by descent
She seems to also say that his mother did not have right of abode. But if I look at the flowchart she would have under s.2(1)(b)(i).

The Romein judgement was for a woman born in South Africa which had an identical status as Canada so I’m confused!

Can anyone suggest what I missed? The letter says o refer to the next steps section of the letter but nothing was included. Can one appeal a decision?

Many thanks for any advice you can provide.

I'll need to time to look into this, but the timelines in this case are quite important. The CUKC status only came about in 1948, Right of Abode in 1971 and British citizenship in 1981. And before 1931 (The Statute of Westminster), Canada would not have been considered a foreign country. All these factors can complicate matters.

Here is a short reading list that you may want to go through to understand how British citizenship has changed over time. And as I mentioned in that thread, it is worth remembering that a later law can reduce or remove rights given in an earlier law.

Romein was born in the USA which is a non commonwealth country. Are they saying you are born in a commonwealth country and therefore the case doesn't apply to you.

When (month/year) was your husband born? That may be relevant.

I think that the caseworker has applied the wrong section of the law to your mother. I think that is principally because of the age of the parents involved.

Section 5, which the caseworker quotes, is for mothers in this case who were themselves born after 1948. In the case, the mother was born well before then. The relevant section would be Section 12(2) of the British Nationality Act 1948.

The mother was a British subject under Section 1(1)(a) of the British Nationality and Status of Aliens Act 1914 (Canada then being a Dominion) and became a CUKC under Section 12(2) of the British Nationality Act 1948, as her father (the maternal grandfather) was born in the UK. She had Right of Abode under Section 2(1)(b)(i) of the Immigration Act 1971 for the same reason. She would have therefore become a British citizen by descent in 1983. You can then rely on the Romein case from there.

I think you should reapply, along with a cover letter listing the various applicable Sections listed above.

My grandfather was born in London in 1901
My Mother was born in Vancouver Canada in 1931
And I was born in San Diego United States in 1958
I wonder what they would make of my case