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Romein ruling/judgment

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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GarryMonty
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Romein ruling/judgment

Post by GarryMonty » Tue Aug 06, 2019 8:06 pm

Hi all,

Can someone with savvy please explain to me why the cut off is 1983 for the romein ruling/judgment regarding double descent.
Additionally what is the law after 1983...

I miss crown service as my mother was born 1946 and now this bloody 1983 cut off as I'm born after 1983. All my other 4 siblings get British passports and I'm the unlucky bugger.
But yeah I'm thankful, here in the uk on ancestral 😁

Many thanks
Garry

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CR001
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Re: Romein ruling/judgment

Post by CR001 » Tue Aug 06, 2019 8:13 pm

Upto and including 31st December 1982, a British born mother could not pass on her citizenship. It could only be passed on by the father if the parents were married.

1st January 1983, the changes to the nationality law came into effect giving British mothers the ability to pass on their citizenship. This also resulted in, some years later, the form UKM being introduced to 'correct the errors of the past' in terms of woman not being able to pass citizenship on.

Similarly a few years after UKM form came into effect, form UKF was also introduced, allowing children born to unmarried British fathers being able to also register as British, thereby also correcting errors of the past in terms of illegitimate children born to British fathers. The nationality law around UKF changed in 2006.
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secret.simon
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Re: Romein ruling/judgment

Post by secret.simon » Tue Aug 06, 2019 8:15 pm

The law changed in 1983.

Before 1983, CUKC mothers with Right of Abode who gave birth abroad could not transmit citizenship to their legitimate children born abroad, while CUKC fathers with Right of Abode could.

After 1983, British citizen mothers could transmit citizenship on the same terms as British citizen fathers.

The law was further changed in 2002, when the children of CUKC mothers with Right of Abode born before 1983 were given the ability to register as British citizens (on Form UKM).

If you explain your UK ancestry, perhaps we can guide you further.

EDIT: Overtaken by CR001
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

GarryMonty
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Re: Romein ruling/judgment

Post by GarryMonty » Tue Aug 06, 2019 8:40 pm

Thanks for the replies...
So basically after 1983 only British born mothers could pass on citizenship? Not British born abroad?
This is where I loose out.

My tree
Grandfather born England 1923,
Mother born South Africa 1946
My mother married twice, so I was a very late birth as you can see 😂🤣

Tia

GarryMonty
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Re: Romein ruling/judgment

Post by GarryMonty » Tue Aug 06, 2019 8:45 pm

Got another question...or should I make another post?
it's regarding having a baby while still on ancestral

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CR001
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Re: Romein ruling/judgment

Post by CR001 » Tue Aug 06, 2019 8:47 pm

GarryMonty wrote:
Tue Aug 06, 2019 8:45 pm
Got another question...or should I make another post?
it's regarding having a baby while still on ancestral
Depends on the question.......
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secret.simon
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Re: Romein ruling/judgment

Post by secret.simon » Tue Aug 06, 2019 9:02 pm

The general principle of British nationality for the past hundred odd years has been that British nationality can only be transmitted automatically for one generation outside the UK and its territories. Over the past century, the definition of the territories has changed over time, with the rise and fall of the British Empire.
GarryMonty wrote:
Tue Aug 06, 2019 8:45 pm
it's regarding having a baby while still on ancestral
If the child is born in the UK, s/he will be entitled to be registered as a British citizen when one parent (most likely you) acquires ILR.

If the child is born abroad, the child will have the same immigration status as the less-privileged parent (most likely the other parent), will need to apply for ILR themselves and can register at discretion (i.e. not an entitlement) when at least one parent is a British citizen and the other parent and child both have at least ILR.

As you can see, British nationality law favours birth in the UK.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

GarryMonty
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Re: Romein ruling/judgment

Post by GarryMonty » Tue Aug 06, 2019 9:08 pm

At the bottom of the gov.uk page it says we only need to add the baby as a dependent if we wish to travel, we won't travel, my question is how do I add the baby to our NHS etc?
https://www.gov.uk/ancestry-visa/family-members

Also I know my visa states no benefits, I see the main benefits for kids here is 20£ per week plus discount on hours for child care.

I got a quote in the area, child care I'm looking at 1000£ pm!!!

I can't wait another 4yrs for ILR, bonus if I can get atleast discount on hours, but no worries if I can't.
I will not claim anything risking our citizenship 😂🤣

GarryMonty
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Re: Romein ruling/judgment

Post by GarryMonty » Tue Aug 06, 2019 9:25 pm

Thanks for the reply...
additionally will I need to register the baby as a SA citizen? My wife wishes to retain her SA citizenship whereas I do not

secret.simon
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Re: Romein ruling/judgment

Post by secret.simon » Tue Aug 06, 2019 11:11 pm

As regards the childcare benefits, create a new thread in the Claiming Benefits forum.

As regards the query about South African citizenship, create a new thread in the Other Countries forum.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

GarryMonty
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Re: Romein ruling/judgment

Post by GarryMonty » Wed Aug 07, 2019 11:09 am

thank you. will do

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