On February 8 of this year, in the trial that took place in the Supreme Court of the United Kingdom, a very significant sentence was produced.
The Advocate General of Scotland (appellant) against Rome (defendant) (Scotland). He gave as a resolution that any person born between 1949 and 1983, in states outside the British Commonwealth, but having a maternal grandfather born in the United Kingdom may register as a British citizen. Obtaining a passport, without having to reside in the United Kingdom.
This ruling creates jurisprudence, will allow anyone who meets the necessary conditions listed below, to access British citizenship.
- Born outside the United Kingdom between January 1, 1949 and December 31, 1982, in a country that does not belong to the Commonwealth.
- His maternal grandfather was born in the United Kingdom.
- His mother was born within marriage.
- The maternal grandfather as long as he maintains the British nationality before the birth of the mother, and that the mother has not lost the British nationality before the birth of the applicant.
In cases where up to now applicants with a maternal grandfather could travel to the United Kingdom and work with a Visitor Visa, which led to permanent residence after 5 years living and working in the United Kingdom and British citizenship 12 months after that.
Thanks to this ruling it will now be possible to acquire a British passport even without residing in the United Kingdom.
Será una gran ventaja en los casos en que por ejemplo, un solicitante con pasaporte sudafricano, que ya sea mucho más fácil para ellos viajar internacionalmente. Además, muchos de los que ahora no son ciudadanos de la Commonwealth y, por lo tanto, no tienen una opción de visa de ascendencia. Por ejemplo, un ciudadano estadounidense (como en el caso de la Sra. Romein) no era apta para una visa de ascendencia, pero podía optar por la ciudadanía británica directamente, según el nuevo juicio.
In that case, British citizenship will allow the holder to come and live in the United Kingdom without restrictions. They can also claim family members (spouse and children under 18) to relocate with them. Furthermore, it appears that the withdrawal process of the European Union will lead to a «transition period» under which British citizens will continue to have the option of establishing their residence, together with their national relatives of third countries, in other member states. European
Included on December 31, 2020, to continue residing in that member state until they have completed a period of five years, at which time they can acquire the status of permanent residence. This means that the rights of free movement of British citizens will continue to exist until the year 2021. A key consideration for applicants is the issue of multiple nationalities; care must be taken that the applicant does not lose his current nationality in the process. The United States, allow multiple nationalities. South Africa allows multiple nationalities, but an applicant over the age of 18 must first apply for a permit from the Department of Internal Affairs.
In other countries they do not allow multiple nationality, and the acquisition of British citizenship will result in the loss of their other nationality.
It is important to emphasize that the ancestral connection with the maternal grandfather must be properly accredited, in order to establish the claim. At the end of the process you must successfully attend a local British consulate, the High Commissioner or the local authority. And take oath or affirmation of loyalty to the Queen, legal and indispensable requirement.
In conclusion this ruling will amplify the number of people who can now claim British citizenship. Even so, compared to people who move to the UK under immigration rules of European free movement rights, the figures are likely to be smaller.
Today, the Ministry of the Interior does not seem to have updated its guidelines to reflect the Supreme Court’s criteria and experience tells us that it may take a while before it is implemented.
However, the trial of the court has created a non-discretionary way; as long as the government of the United Kingdom does not present a new primary legislation to reverse the effect of the judgment, any qualified applicant who submits a valid application will be entitled to be granted British citizenship.