UKM descent

[mkosel]

Hi there,

I am sure that I am grasping at straws, but wanted to gain some guidance.

My maternal grandmother was born in Dundee, Scotland in 1906. She came to the US in 1912 with her parents.

She was married in 1930 in the US to a US citizen. She had three children, including my mother.

I would like to apply my mother for citizenship based on my grandmother's lineage.

Lastly, I was born in 1974. I would like to apply as well, given that the opportunity was not available for us to become citizens and were not aware that we could apply after 1983.

What are the odds of this succeeding?

[secret.simon]

Your mother can obviously apply on Form UKM.

The fees are £80 (which is the standard fees for attending a citizenship ceremony) and she will become a British citizen after attending the citizenship ceremony (which will likely be held at a British diplomatic post close to her).

It is unclear whether you can register on Form UKM. As a general rule, British citizenship can only be inherited one generation outside the UK.

The Romein judgment does permit double descent in case of Form UKM in some cases. However, the general consensus seems to be that it is only in the case of maternal grandfathers and not of maternal grandmothers.

In the case of the former (maternal grandfather), the mother would have been a British citizen by descent at birth already and therefore the question merely turned on whether she could have passed descent onto the next generation outside the UK by registering the birth with the British diplomatic posts closest to her.

In a case involving a maternal grandmother, the mother would obviously not have been a Citizen of the United Kingdom and Colonies (CUKC) at birth and hence would not be able to pass it on to their child (the mother) anyway.

Most of the online research that I have seen seem to suggest that you would only be able to register on Form UKM if the ancestor you weer claiming from was a British maternal grandfather (through a British citizen by descent mother).

A lot may turn on when your mother was born as the nationality laws changed significantly on 1st January 1949 as well as on 1st January 1983.

You could of course make an application and then proceed to take the refusal through the courts to the UK Supreme Court, as Ms Romein (herself also an American citizen) did in 2016.

As an aside, keep in mind that any British citizenship gained through Form UKM is prospective from the date of the citizenship ceremony and not retrospective.

EDIT: Some further quick research found this link on this this very site, which in turn linked to a 2019 letter from the Minister of State for Immigration to the Chair of the Home Affairs Committee of the UK House of Commons.

The first question on Page 3 of the letter and its response by the Minister suggests that the Home Office is interpreting the Romein judgment and Section 4C to extend the ability to apply for British citizenship on Form UKM only to grandchildren of British maternal grandfathers and not in an infinite line of maternal descent.

I would also CC @sunburn into this conversation. I believe that they have applied on Form UKM In the past themselves and they may be best placed to advise further.

Keep in mind that if you are intent on moving to the UK, you can apply for an Ancestry visa, which requires having one UK-born grandparent. After residing in the UK for five year, you can then apply for ILR, followed by naturalising as a British citizen in your own right a year later. This is a much better alternative if your have a family that you wish to bring to the UK.

[mkosel]

Thank you for the reply!

I am new to these boards, how do you CC someone? It would be great to have some help from @sunburn.

My mother's UKM application seems straight forward. How do I start the process?

Lastly, I would ultimately like to move to the UK and have my children naturalized as citizens. I thought the UKM option for me would be the easiest approach.

[mkosel]

Last question, I am researching the ancestry visa. It says that I would need to be a commonwealth citizen with a grandparent that is a UK citizen.

Since I am American, would I still qualify?

[CR001]

Last question, I am researching the ancestry visa. It says that I would need to be a commonwealth citizen with a grandparent that is a UK citizen.

Since I am American, would I still qualify?

You don't qualify for an ancesty visa as an American.

[mkosel]

What would be my best option if ancestry visa is off the table?

[CR001]

What would be my best option if ancestry visa is off the table?

Probably the skilled worker visa if you qualify and can find a sponsor.

https://www.gov.uk/skilled-worker-visa

[secret.simon]

Last question, I am researching the ancestry visa. It says that I would need to be a commonwealth citizen with a grandparent that is a UK citizen.

Since I am American, would I still qualify?

You don't qualify for an ancesty visa as an American.

I apologise for getting your hopes up on that point. I keep forgetting about the requirement for Commonwealth citizenship for the Ancestry visa.

While the chances of your getting your UKM approved are slim to none, it would cost you effectively nothing to apply and test it. The fees for Form UKM are £80, which are the fees for the citizenship ceremony. So, if you get refused, the fees should be refunded anyway. You have nothing to lose in trying.