Nationality Report for Client

Home , British Protected Person, Right of abode

Jenny Ann Cromwell Holliston MA USA

Date: 26 June 2020

Our Ref:

Your Ref: NATIONALITY REPORT FOR CLIENT

regarding status eligible to become a British citizen Dear Ms Cromwell,

Re: Jenny Ann Cromwell, born 26 March 1968 in the United States

What has Happened You recently requested an evaluation to determine if you hold a nationality of the United Kingdom or are currently eligible to acquire one (by grant following an application). Thank you for payment, a completed questionnaire and copies of documents. We examined these. This letter is a report on that evaluation.

The provisions for British citizenship and applicable predecessor nationalities (citizenship of the United Kingdom and Colonies and British nationality) have been evaluated against you, each relevant parent and ancestor going back to at least your grandparents to the extent the data allowed. The same exercise has been applied to each other type of United Kingdom nationality, namely:

British Overseas Territories citizenship British Overseas citizenship British subject under the British Nationality Act 1981 British Protected person British National (Overseas)

The evaluation has been based on information you supplied. Where relevant information was missing, assumptions were used which we considered reasonable in the circumstances. Our evaluation first investigated if you already have British citizenship and then we investigated if you are eligible to acquire British citizenship by application.

Your nationality history in UK law is set out in the Status Trace in Appendix A. Please check this carefully. If anything does not appear correct, or conflicts with your knowledge, or you have any questions or concerns, then please let us know within 28 days of the date of this letter.

The evaluation considered a vast amount of legislation of the United Kingdom, which included:

The Common law affecting British nationality The British Nationality and Status of Aliens Acts 1914 to 1943 The British Nationality Acts 1948 to 1965 The British Protectorates, Protected States and Protected Persons Orders 1949 to 1978 The Immigration Act 1971 The British Nationality Act 1981 The British Protectorates, Protected States and Protected Persons Order 1982 The Nationality, Immigration and Asylum Act 2002 The Borders, Immigration and Asylum Act 2009 The Immigration Act 2014 The acts that granted independence to each UK administered territory

The first citizenship legislation of each country that had become independent of the UK was also considered in the evaluation.

The full set of provisions evaluated is listed in Appendix B.

Evaluation Outcome I am pleased to report that on 22 June 2020 you were eligible to become a British citizen.

Please see Appendix A for an explanation of the above outcome.

Comments on Outcome We have relied on the data you provided. Please check the dates and names in the Status Trace.

Entitlements and Immigration Status in UK, Isle of Man and Channel Islands (“Islands”) If the Home Office are satisfied that from the evidence and argument provided and register you as a British citizen then you would:

1. be eligible to hold a British passport. 2. have “right of abode” in the UK. This means you may live and work in the UK or Islands without time restrictions. Your right of abode can be proven with a current British passport describing you as i) a British citizen or ii) having right of abode, or, a “Certificate of Entitlement” in a current non-British passport. 3. be able to live and work in the Republic of Ireland, and 4. work and reside in an EEA country subject to the EEA regulation of that country if you take up residence before the end of 2020.

This was the state affairs at the date of this letter, but the position may change.

Opportunities for Spouse and Siblings If you have any siblings born before 1983, then such siblings might have a claim to UK nationality which we can evaluate at a reduced fee.

Proposal and Next Steps We can prepare an application for you to become a British citizen by naturalisation or registration.

For this we would prepare a letter of representation setting out the legal argument and then submit an application on your behalf to the Home Office and deal with queries that they may raise before reaching a decision. The fee for our services would be a fixed fee of £1500. This includes the Home Office fees.

If you would like us to perform this work, then please let us know, preferably within 28 days. Nationality law and policy changes periodically, sometimes at short notice. You qualify now, however, that may not be the case in the future.

If your siblings qualify on the same basis and wish to apply at the same time, then we can offer a package with a more favourable price per person.

British Citizenship through Residence and Naturalisation in the United Kingdom Another route to British citizenship is to obtain a visa for the UK, reside in the UK and apply for naturalisation. In practice with most visas at least 6 years of continual residence in the UK is normally required in order to qualify for a grant of British citizenship by naturalisation, or 5 years if the applicant is married to a British citizen at the time of application.

The advantage of an application to obtain or prove British citizenship (as we have proposed above) over naturalisation (after 5 or more years of residence in the UK following the grant of a visa) is that

• The total Home Office fees incurred are much less

• It can be done soon

• There is no obligation to live or work in the UK for several years

Given the above, registration or official recognition as a British citizen in the near future by the ancestral or colonial route we found above is a far cheaper and quicker way of obtaining British citizenship than to get a Ancestry Visa or other form of leave followed by years of residence in the UK or Islands.

Immigration Alternatives for You or your Spouse We also briefly considered whether you or your spouse might potentially qualify under current immigration law for leave to enter (or leave to remain in) the UK in these immigration categories:

1. Leave (5 years initially) through UK ancestry as principal applicant, popularly known as an “Ancestry Visa” (Immigration Rules para 186).

2. Leave (5 years initially) as spouse or partner of principal applicant of an Ancestry Visa.

3. Leave (5 years initially) as dependent minor child of principal applicant of an Ancestry Visa.

4. Indefinite leave as a dependent minor child of settled parents, popularly known as a “Settlement Visa” (Immigration Rules Part 8, para 297 or 298).

5. Leave (2.5 years initially) as a spouse or partner of a settled consort, popularly known as a “Spouse Visa” (Immigration Rules Appendix FM).

6. Leave (2.5 years initially) as a dependent minor child of a settled parent (Immigration Rules Appendix FM).

7. Indefinite leave through an entry to the UK or Islands before 1973 (Immigration Act 1971) without conditions (Immigration Act 1971, section 34(3)(a)).

8. Right of residence through as an EEA national, only for entry to UK by end of 2020 (Immigration (European Economic Area) Regulations 2006)

9. Right of residence through as a spouse or partner of an EEA national, only for entry to UK by the end of 2020, normally evidenced with an “EEA Family Permit” (Immigration (European Economic Area) Regulations 2006).

10. Right of residence through as a dependent child of an EEA national, only for entry to UK by the end of 2020, normally evidenced with an “EEA Family Permit” (Immigration (European Economic Area) Regulations 2006).

It is appears that if you become a British citizen then your spouse may be able to qualify under category 5 in the list above. We can review this in detail at a further consultation. In categories 4, 5 and 6 the sponsor must have the financial resources and accommodation set out in the rules.

Conclusion In conclusion, we would advise you to prove or obtain British nationality. We can prepare your application, submit it to the Home Office and deal with any arising enquiries for a fixed fee as set out above.

We hope that our proposal is attractive, and I look forward to hearing from you very soon. If you have any concerns or queries, we would appreciate the courtesy of being contacted before you reach a decision.

Yours faithfully

Sarah Hilton

Passportia Limited

Email address: [email protected]

Passportia Limited Tel: +44 (0) 20 7993 8975 Web: www.passportia.org Passportia Limited trading as "Passportia" Registered in England, company number 8656422 Registered Office address: Albert Buildings, 49 Queen Victoria Street, London EC4N 4SA Regulated by the Office of the Immigration Services Commissioner (OISC), reference number F201300772

Appendix A: Status Trace for Jenny Ann Cromwell showing that at 22 June 2020 she was eligible to become a British citizen in United Kingdom law Please note that this Nationality Profile only includes information found relevant to the nationality status described above. It does not represent a complete history of that person or of any connected person.

RICHARD CLARENCE WILLIAMS (father of the mother of the subject) Name at birth: Richard Clarence Williams

Date of birth 24 February 1904

Actual location of birth: N/A, Scotland, United Kingdom (within the United Kingdom and Islands)

Date of death 24 February 1984

Parents Father: Adam Williams

Mother: Mother’s father’s mother Unknown

Marital History Date Spouse Event Place Valid in Law of 2 Jul 1930 Anne Kennedy married by Massachusetts (assumed valid Williams ceremony United States everywhere)

Domicile

English common law 24 Feb 1904 – 24 Feb 1984 Scotland, United Kingdom

Ordinary Residence United Kingdom 24 Feb 1904 – 24 Feb 1930 United States 24 Feb 1930 – 24 Feb 1984

Nationality Events At birth he became a natural-born British subject by birth as he was born within HM dominions and allegiance (any immunity of his father being disregarded).1 [UK1.2]

1 Common Law Birth Rule Naturalization Act, 1368 (1368 c. 10 (42 Edw 3)) of England

At birth he acquired the qualifications for the right of abode in the United Kingdom, as he became a British subject by virtue of his birth in the United Kingdom and Islands.2 [UK.C.7.1.1.1]

MICHELLE FAITH WILLIAMS (mother of the subject) Name at birth: Michelle Faith Williams

Date of birth 21 September 1933

Actual location of birth: N/A, United States (a foreign state)

Date of death still alive

Parents Father: Richard Clarence Williams

Mother: Anne Kennedy Williams

Legitimation Family Law of Effective From Effected By England birth birth within wedlock Nationality Law of Effective From United Kingdom birth

Marital History Date Spouse Event Place Valid in Law of 21 Apr 1967 Richard Giles married by United States (assumed valid Cromwell ceremony everywhere)

Domicile

English common law 21 Sep 1933 – Massachusetts, United States

Ordinary Residence United States 21 Sep 1933 –

Nationality Events At birth she became a natural-born British subject as at the time of the birth her father was a British subject who had himself been born within HM allegiance.3 [UK.B.1.2]

2 Immigration Act 1971 (1971 c. 77) of the United Kingdom, s. 2(1)(a) and 2(3)

At birth she acquired the qualifications for the right of abode in the United Kingdom, as she became a British subject and she was born to a father who was a British subject by virtue of his birth in the United Kingdom and Islands.4 [UK.C.7.2.1.1.1]

On 1 January 1949 she became a citizen of the United Kingdom and Colonies, as she was a British subject immediately prior to that date and at her birth her father was a British subject who was born within the United Kingdom and Colonies as comprised on 1 January 1949.5 [UK.C.4.4]

JENNY ANN CROMWELL (subject) Name at birth: Jenny Ann Cromwell

Date of birth 26 March 1968

Actual location of birth: N/A, United States (a ‘foreign country’ within the meaning of the British Nationality Act 1948)

Date of death still alive

Parents Father: Richard Giles Cromwell

Mother: Michelle Faith Williams

Legitimation Family Law of Effective From Effected By Connecticut birth birth (unconditional) Nationality Law of Effective From United Kingdom birth

Ordinary Residence United States 26 Mar 1968 –

Nationality Events If the law had provided for citizenship by descent from a mother in the same terms as it provided for citizenship by descent from a father6, at birth she would have become a citizen of the United Kingdom and Colonies as her mother was a citizen of the United Kingdom and Colonies by descent at the time of the birth;

3 British Nationality and Status of Aliens Act, 1914 (1914 c. 17) of the United Kingdom, s. 1(b)

4 Immigration Act 1971 (1971 c. 77) of the United Kingdom, s. 2(1)(b)(i) and 2(3)

5 British Nationality Act, 1948 (1948 c. 56) of the United Kingdom, s. 12(2)

6 British Nationality Act 1981 (1981 c.61) of the United Kingdom, s. 4C(3), (3A) Borders, Citizenship and Immigration Act 2009 (2009 c. 11) of the United Kingdom, s. 45(3)

the requirement for registration of the birth at a United Kingdom consulate is inapplicable in cases where citizenship is claimed by descent from a mother7.8 [UK.C.5.4.2]

If the law had provided for citizenship by descent from a mother in the same terms as it provided for citizenship by descent from a father9, at birth she would have acquired the qualifications for the right of abode in the United Kingdom, as she would have become a citizen of the United Kingdom and Colonies and she was born to a mother who was a citizen of the United Kingdom and Colonies who had been born to a father who was a British subject by virtue of his birth in the United Kingdom and Islands.10 [UK.C.7.3.1.1.2]

If the law had provided for citizenship by descent from a mother in the same terms as it provided for citizenship by descent from a father11, on 1 January 1973 she would have acquired the right of abode in the United Kingdom as she would have had the necessary qualifications on that date.12 [UK.C.7.7]

On 22 June 2020 she met the requirements for registration as a British citizen, as on that date she was of good character13, she was born before 1 January 1983, and if the law had provided for citizenship by descent from a mother in the same terms as it provided for citizenship by descent from a father she would have become a citizen of the United Kingdom and Colonies and would immediately before 1 January 1983 have had the right of abode in the United Kingdom under section 2 of the Immigration Act 1971.14 [UK.D.22.3.21]

7 Advocate General for Scotland v. Romein in the United Kingdom

8 British Nationality Act, 1948 (1948 c. 56) of the United Kingdom, s. 5(1)(b) and 23 British Nationality (No. 2) Act 1964 (1964 c. 54) of the United Kingdom, s. 3

9 British Nationality Act 1981 (1981 c.61) of the United Kingdom, s. 4C(3), (3A) Borders, Citizenship and Immigration Act 2009 (2009 c. 11) of the United Kingdom, s. 45(3)

10 Immigration Act 1971 (1971 c. 77) of the United Kingdom, s. 2(1)(b)(ii) and 2(3)

11 British Nationality Act 1981 (1981 c.61) of the United Kingdom, s. 4C(3), (3A), (3B) Borders, Citizenship and Immigration Act 2009 (2009 c. 11) of the United Kingdom, s. 45(3)

12 Immigration Act 1971 (1971 c. 77) of the United Kingdom, s. 2

13 British Nationality Act 1981 (1981 c.61) of the United Kingdom, s. 41A

14 British Nationality Act 1981 (1981 c.61) of the United Kingdom, s. 4C Borders, Citizenship and Immigration Act 2009 (2009 c. 11) of the United Kingdom, s. 45(3)

Appendix B: Legal Provisions Evaluated for Jenny Ann Cromwell showing that at 22 June 2020 she was eligible to become a British citizen in United Kingdom law Please note that this list only includes legal provisions that were evaluated beyond a filter which excluded persons very unlikely to qualify for that provision.

Daniel Clarence Cromwell (father of the father of the father of the Subject) ❖ Naturalization Act, 1870 of the United Kingdom, s. 6

❖ Naturalization Act, 1870 of the United Kingdom, s. 10(1)

❖ Common Law Administrative Rule, Home Office Administrative Practice

❖ Common Law Annexation Rule

❖ Common Law Birth Rule

❖ Common Law Birth Beyond the Seas Rule

Richard Clarence Williams (father of the mother of the Subject) ❖ North Borneo Ordinance 1931 of North Borneo, art. 2(i)(a) and (iii)

❖ Naturalization Act, 1870 of the United Kingdom, s. 6

❖ Naturalization Act, 1870 of the United Kingdom, s. 10(1)

❖ British Nationality and Status of Aliens Act, 1914 of the United Kingdom, s. 13

❖ Anglo-Italian Treaty (East African Territories) Act, 1925 of the United Kingdom, s. 1

❖ Immigration Act 1971 of the United Kingdom, s. 2(1)(a) and 2(3)

❖ Immigration Act 1971 of the United Kingdom, ss. 2(1)(a)-(c)

❖ Common Law Birth Rule

❖ Common Law Cession Rule

William Henry Cromwell (father of the father of the Subject) ❖ Sarawak Nationality and Naturalisation Order 1934 of Sarawak, art. 2(i)(a)

❖ Sarawak Nationality and Naturalisation Order 1934 of Sarawak, art. 2(i)(b)

❖ Sarawak Nationality and Naturalisation Order 1934 of Sarawak, art. 2(i)(c)

❖ Sarawak Nationality and Naturalisation Order 1934 of Sarawak, art. 2(i)(d)

❖ North Borneo Ordinance 1931 of North Borneo, art. 2(i)(a) and (iii)

❖ North Borneo Ordinance 1931 of North Borneo, art. 2(i)(b) and (iii)

❖ Princess Sophia Naturalization Act, 1705 of England

❖ Aliens Act, 1844 of the United Kingdom, s. 16

❖ Naturalization Act, 1870 of the United Kingdom, s. 10(5)

❖ Cyprus (Annexation) Order in Council, 1914 of the United Kingdom

❖ British Nationality and Status of Aliens Act, 1914 of the United Kingdom, s. 1(a)

❖ British Nationality and Status of Aliens Act, 1914 of the United Kingdom, s. 10

❖ British Nationality and Status of Aliens Act, 1914 of the United Kingdom, s. 10(5)

❖ British Nationality and Status of Aliens Act, 1914 of the United Kingdom, s. 1(b)

❖ British Nationality and Status of Aliens Act, 1914 of the United Kingdom, s. 1(1)

❖ British Nationality and Status of Aliens Act, 1914 of the United Kingdom, s. 1

❖ British Nationality and Status of Aliens Act, 1914 of the United Kingdom, s. 1(c)

❖ North Borneo Cession Order in Council, 1946 of the United Kingdom

❖ Sarawak Cession Order in Council, 1946 of the United Kingdom

❖ British Nationality Act, 1948 of the United Kingdom, s. 14

❖ British Nationality Act, 1948 of the United Kingdom, s. 15

❖ British Nationality Act, 1948 of the United Kingdom, s. 32(6)

❖ British Nationality Act, 1948 of the United Kingdom, s. 17

❖ British Nationality Act, 1948 of the United Kingdom, s. 23

❖ Common Law Administrative Rule, Home Office Administrative Practice

❖ Common Law Annexation Rule

❖ Common Law Birth Rule

❖ Common Law Birth Beyond the Seas Rule

❖ Law of Nationality 1968 of South Yemen, s. 2(a)

❖ Law of Nationality 1968 of South Yemen, s. 2(b)

❖ Law of Nationality 1968 of South Yemen, s. 2(c)

❖ Law of Nationality 1968 of South Yemen, s. 2(d)(i)

❖ Law of Nationality 1968 of South Yemen, s. 2(d)(ii)

❖ Law of Nationality 1968 of South Yemen, s. 2

Michelle Faith Williams (mother of the Subject) ❖ Constitution of the Bahamas (1973) of the Bahamas, art. 3(1)

❖ Constitution of Fiji (1970) of Fiji, art. 19(1)

❖ Constitution of Grenada (1973) of Grenada, art. 94(1)

❖ Sarawak Nationality and Naturalisation Order 1934 of Sarawak, art. 2(i)(a)

❖ Sarawak Nationality and Naturalisation Order 1934 of Sarawak, art. 2(i)(b)

❖ Sarawak Nationality and Naturalisation Order 1934 of Sarawak, art. 2(i)(c)

❖ Sarawak Nationality and Naturalisation Order 1934 of Sarawak, art. 2(i)(d)

❖ North Borneo Ordinance 1931 of North Borneo, art. 2(i)(a) and (iii)

❖ North Borneo Ordinance 1931 of North Borneo, art. 2(i)(b) and (iii)

❖ Constitution of the Seychelles (1976) of the Seychelles, art. 4(1)

❖ Cyprus (Annexation) Order in Council, 1914 of the United Kingdom

❖ British Nationality and Status of Aliens Act, 1914 of the United Kingdom, s. 1(a)

❖ British Nationality and Status of Aliens Act, 1914 of the United Kingdom, s. 1(b)

❖ British Nationality and Status of Aliens Act, 1914 of the United Kingdom, s. 1

❖ British Nationality and Status of Aliens Act, 1914 of the United Kingdom, s. 1(c)

❖ British Nationality and Status of Aliens Act, 1914 of the United Kingdom, s. 13

❖ British Nationality and Status of Aliens Act, 1914 of the United Kingdom, s. 12(1)

❖ British Nationality and Status of Aliens Act, 1914 of the United Kingdom, s. 1(1)

❖ North Borneo Cession Order in Council, 1946 of the United Kingdom

❖ Sarawak Cession Order in Council, 1946 of the United Kingdom

❖ Burma Independence Act, 1947 of the United Kingdom, s. 2

❖ British Nationality Act, 1948 of the United Kingdom, s. 32(6)

❖ British Nationality Act, 1948 of the United Kingdom, s. 13(1)

❖ British Nationality Act, 1948 of the United Kingdom, s. 12(1)(a)

❖ British Nationality Act, 1948 of the United Kingdom, s. 12(1)(b)

❖ British Nationality Act, 1948 of the United Kingdom, s. 12(1)(c)

❖ British Nationality Act, 1948 of the United Kingdom, s. 12(2)

❖ British Nationality Act, 1948 of the United Kingdom, s. 12(3)

❖ British Nationality Act, 1948 of the United Kingdom, s. 12(5)

❖ British Nationality Act, 1948 of the United Kingdom, s. 16

❖ British Nationality Act, 1948 of the United Kingdom, s. 4

❖ British Nationality Act, 1948 of the United Kingdom, s. 19

❖ British Nationality Act, 1948 of the United Kingdom, s. 23

❖ British Nationality Act, 1958 of the United Kingdom, s. 2

❖ Cyprus Act, 1960 of the United Kingdom, s. 4(2)

❖ Cyprus Act, 1960 of the United Kingdom, s. 4

❖ Nigeria Independence Act, 1960 of the United Kingdom, s. 2

❖ Tanganyika Independence Act, 1961 of the United Kingdom, s. 2

❖ Sierra Leone Independence Act, 1961 of the United Kingdom, s. 2

❖ Jamaica Independence Act, 1962 of the United Kingdom, s. 2

❖ Trinidad and Tobago Independence Act, 1962 of the United Kingdom, s. 2

❖ Uganda Independence Act, 1962 of the United Kingdom, s. 2

❖ Malaysia Act 1963 of the United Kingdom, s. 2

❖ Kenya Independence Act 1963 of the United Kingdom, s. 2

❖ Zanzibar Act 1963 of the United Kingdom, s. 2

❖ Malawi Independence Act 1964 of the United Kingdom, s. 2

❖ British Nationality (No. 2) Act 1964 of the United Kingdom, s. 2(1)

❖ Zambia Independence Act 1964 of the United Kingdom, s. 3

❖ Malta Independence Act 1964 of the United Kingdom, s. 2

❖ Gambia Independence Act 1964 of the United Kingdom, s. 2

❖ Guyana Independence Act 1966 of the United Kingdom, s. 2

❖ Botswana Independence Act 1966 of the United Kingdom, s. 3

❖ Lesotho Independence Act 1966 of the United Kingdom, s. 3

❖ Barbados Independence Act 1966 of the United Kingdom, s. 2

❖ British Nationality (Kuria Muria Islands) Order 1967 of the United Kingdom, arts. 1 and 2

❖ Mauritius Independence Act 1968 of the United Kingdom, s. 2

❖ Immigration Act 1971 of the United Kingdom, s. 2(1)(a) and 2(3)

❖ Immigration Act 1971 of the United Kingdom, s. 2(1)(b)(i) and 2(3)

❖ Immigration Act 1971 of the United Kingdom, ss. 2(1)(a)-(c)

❖ Common Law Annexation Rule

Richard Giles Cromwell (father of the Subject) ❖ Constitution of the Bahamas (1973) of the Bahamas, art. 3(1)

❖ Constitution of the Commonwealth of Dominica (1978) of Dominica, art. 97(1)

❖ Constitution of Fiji (1970) of Fiji, art. 19(1)

❖ Constitution of Grenada (1973) of Grenada, art. 94(1)

❖ Sarawak Nationality and Naturalisation Order 1934 of Sarawak, art. 2(i)(a)

❖ Sarawak Nationality and Naturalisation Order 1934 of Sarawak, art. 2(i)(b)

❖ Sarawak Nationality and Naturalisation Order 1934 of Sarawak, art. 2(i)(c)

❖ Sarawak Nationality and Naturalisation Order 1934 of Sarawak, art. 2(i)(d)

❖ North Borneo Ordinance 1931 of North Borneo, art. 2(i)(a) and (iii)

❖ North Borneo Ordinance 1931 of North Borneo, art. 2(i)(b) and (iii)

❖ Constitution of the Seychelles (1976) of the Seychelles, art. 4(1)

❖ Constitution of Swaziland (1967) of Swaziland, art. 127(a)

❖ Constitution of Swaziland (1967) of Swaziland, art. 127(c)