UKM Application - Romein Case

[Shaun45]

The Romein case does not really help my 12 year old daughter it seems. Her father (myself) is British by decent through a UK born mother, her mother (my daughter's mother) is also British by decent through her UK born father. The maternal and paternal grandparents on both our sides were British. As I understand it she can't claim British citizenship by double decent because she was born at the wrong time (2005). If this is correct then what options are there for my 12 year old daughter to acquire British citizenship?

[secret.simon]

As you have stated, your daughter cannot apply under Romein. Romein specifically applies to cases before 1983, when mothers could not pass on their British citizenship to their children born abroad.

As yours is not a Romein case, I have spun it off into its own thread. Please post any further queries here.

As your child's mother was British by descent through her father, she could inherit his British citizenship by descent when born abroad. But that does not follow in case of mothers abroad. When were you (the father) born?

Assuming that both parents are British citizens by descent, I would say that the best approach would be to move to the UK with the child on ILE (Indefinite Leave to Enter) and then register her as a British citizen under Section 3(5) before her 18th birthday, which would make her a British citizen otherwise than by descent.

Alternatively, if either parent has lived in the UK for any three continuous years of their lives, they can register the child directly as a British citizen under Section 3(2). But that would make the child a British citizen by descent and unable to pass on their British citizenship abroad.

[Shaun45]

Thank you for a very informative reply. I can't find the link on the new thread you created so I'll post here in the meantime.

I was born in 1972 (UKM) and my child's mother was born in 1969 (UKF). We were both born in South Africa. It means I would need to move to the UK with my child for her to acquire British citizenship. Do I acquire ILE for my child prior to going to the UK from South Africa? How does the process work? How does the Section 3(5) application work? Does she have to stay in the UK for at least three years before she can apply?

[secret.simon]

I was born in 1972 (UKM) and my child's mother was born in 1969 (UKF).

If both of you (the parents) have registered as British citizens, were either of you registered before the birth of the child? Has either parent already lived in the UK for three consecutive years?

Section 3(5) registration is an entitlement, but only if very specific conditions are met.
a) The child needs to be under 18 and born abroad.
b) At the time of the child's birth, at least one parent was a British citizen by descent (that is true only if the date of registration of one or both parents is before the date of birth of the child).
c) The child has lived in the UK with both parents for at least three years, with a total absence of no more than 270 days for each of them.
d) both parents consent to the registration.

You would need to apply for ILE before the child accompanies you to the UK. I am not aware of the precise procedure, but I am sure others on these forums can guide you on them.

[Shaun45]

I was born in 1972 (UKM) and my child's mother was born in 1969 (UKF).

If both of you (the parents) have registered as British citizens, were either of you registered before the birth of the child? Has either parent already lived in the UK for three consecutive years?

Section 3(5) registration is an entitlement, but only if very specific conditions are met.
a) The child needs to be under 18 and born abroad.
b) At the time of the child's birth, at least one parent was a British citizen by descent (that is true only if the date of registration of one or both parents is before the date of birth of the child).
c) The child has lived in the UK with both parents for at least three years, with a total absence of no more than 270 days for each of them.
d) both parents consent to the registration.

You would need to apply for ILE before the child accompanies you to the UK. I am not aware of the precise procedure, but I am sure others on these forums can guide you on them.

The mother of my child was registered as a British citizen by decent before my child was born. My child was born in 2005 so I was unable to apply for British citizenship by decent (UKM) through my British born mother before my daughter was born. I think the law only changed around 2010 to allow UKM. Neither of us (myself and daughter's late mother) have stayed in the UK for 3 years.

I forgot to mention that I was married at the time of my child's birth to my child's mother, however she has since passed away (2009). I don't think this will have any bearing on the application. I have all the documentation for my late wife. The other thing is that my 12 year old daughter is disabled. She stays in a special care centre in South Africa. She comes home on weekends. Will this have any bearing on her application?

Lastly, I have since remarried and would like my wife to come with to the UK. What application and route will she have to follow as the wife of a British citizen by decent? Will she be able to work in the UK? I'm unsure if my daughter will qualify for a care facility in the UK. I assume I will need to pay for this myself privately.

Thank you for all the information.