Confusion has arisen around the British government’s own understanding of its citizenship laws, following a judgment by the UK’s high court. In a ruling handed down on January 20 2023, in the case of Roehrig v Secretary of State for the Home Department, Mr Justice Eyre determined that the restrictive approach applied by the Home Office since 2000 to how the children of EU nationals automatically acquire citizenship is the correct interpretation of the law.
The case in question concerns the nationality of Antoine Lucas Roehrig, who was born on October 20 2000 in the UK. His mother is a French national who had lived and worked in the UK under EU law for the five years before he was born. Roehrig claimed he acquired British citizenship at birth by virtue of section 1(1)(b) of the British Nationality Act 1981 because his mother was settled in the UK at the time he was born. The Home Office disputed that his mother met the act’s criteria for being settled and refused his application for a British passport.
