URGENT HELP: ROA/Visit Visa

[davidr450]

Hi all,

I recently applied for a 6-month visitor visa for my son, Christopher. We want to travel to the UK to apply for his British Citizenship.

BACKGROUND:
Christopher was born in Hong Kong, but due to his parentage, he is not a Hong Kong citizen. His adoption was finalised in November. I am a British citizen by birth, and in theory, Christopher should be registered without any problem...BUT I can't be without my Passport for 6-18 months while they make the decision. if I apply from Hong Kong, I need to send my original passport to Liverpool, but if I go to a citizenship checking office in the UK, they can take copies, and I keep my passport.
Christopher is one years old now, and holds a Hong Kong Document of Identity for Visa Purposes (this is a travel document, but not a passport, as he is legally stateles)

OK, so the process seemed simple - apply for a 6 month visitor visa, go to the UK and make the application.

I received an email from the visa processing centre in Manila:

Dear Mr & Mrs RUSSELL,

You have applied for a visit application for the above applicant, however we note that the applicant qualifies for right to abode in the UK. As such we are offering the applicant the opportunity to apply for a Certificate of entitlement to right of abode in the United Kingdom. If you wish to apply for this visa, you should now complete a new visa application online in the correct category and pay the correct fee and reply to us with confirmation of your new GWF reference number. With this you should confirm your desire to withdraw your original application and request a refund for the incorrect fee previously paid.

We are, therefore, giving you a limited opportunity to provide your response within five (5) working days from the date of this notification through any of the following methods:

Now, I'm happy to do this, as then he won't need a visa, and we'll be able to get to the UK a few times to visit while citizenship is processing, but does this mean that his ROA is guaranteed? and what reason should I state on my ROA Certificate application:

Born in the UK before 01 Jan 1983*
Born in the UK after 01 Jan 1983*
Adopted in the UK*
Registered or naturalised as a British Subject, citizen of the UK and Colonies in the UK on or after 01 Jan 1983*
Father or mother born, registered, naturalised or adopted in the UK before your birth, which occurred outside the UK on or after 01 Jan 1983*
A citizen or the UK and colonies at birth and with a grandparent born, registered, naturalised or adopted in the UK*
A citizen of the UK and Colonies who was ordinarily resident in the UK for a continuous period of 5 years before 01 Jan 1983 and was settled in the UK at the end of that period*
A Commonwealth citizen whose mother was born in the UK*
A female Commonwealth citizen who is, or has been, married to a man with right of abode at any time before 31 Dec 1982 *
A citizen of the UK and Colonies woman who is, or has been married to a man with right of abode at any time before 31 Dec 1982

I'm guessing it is the one I've bolded, as my son was not adopted in the UK, nor by Hague convention, but according to local Hong Kong laws.

They've given me 5 working days to decide. Any suggestions/insight would be valued!

I tried to phone the Manila processing centre, no possibility to speak to anyone, and the HK Hong Commission is no helpful for visa or citizenship enquiries.

Thanks

David

[vinny]

If child is automatically British under Section 1(5), then child may apply for a CoE-RoA instead of a British passport.

Documents >
(i)Applicant’s adoption certificate; and
(ii)Evidence of adoptive parents’ citizenship and, if a Convention adoption, of their place of habitual residence at the time of the adoption, eg in respect of citizenship, a passport, and in respect of habitual residence at the time of the Convention adoption, the adoption certificate

Else, child isn't yet British and should apply for a visa.

Adoptions certified under the Hague Convention on Protection of Children and Cooperation in respect of Intercountry Adoption

9.8.3 Children adopted overseas by British citizens may have an automatic claim to British citizenship under s.1(5) of the British Nationality Act 1981 if the adoption has been certified by the competent authorities of the state where the adoption took place under Article 23(1) of the 1993 Convention on Protection of Children and Co-operation in respect of Intercountry Adoption (see Chapter 3). It will only be necessary to consider the case for registration under s.3(1) if s.1(5) does not apply.

[davidr450]

Hi Vinny,

Thanks for this. My understanding is that my son does not qualify for automatic citizenship (not adopted in the UK, or British territory, and not a Hague convention adoption) - he was adopted in Hong Kong, under Hong Kong's local adoption laws.

Therefore, I am preparing a MN1 application for citizenship under Section 3(1). I plan to do this in the UK in the next few months - hence the reason for applying for the visitor's visa.

HOWEVER, with the email I received from the visa processing team, they specifically say that "the applicant qualifies for right of abode in the UK"

I would prefer a COE: ROA in his travel document to a visitor visa, but is this de facto evidence that he does qualify?

I have one day left to make the final decision!

HELP!

David

[vinny]

The only way to acquire the right of abode since 1 Jan 1983 has been by becoming a British citizen.

[davidr450]

Hi Vinny,

Thanks, I did, in fact click on the link.

I know I'm sounding like a broken record, but my question remains...

if the VISA Processing centre advised me that my son qualifies for ROA, is it advisable to withdraw the visitor visa application, and apply for ROA, or should I keep it as is?

There is NO WAY to contact the visa processing centre to get clarity on this...

HELP!!!

[vinny]

They may be mistaken, if child is not British and non-British citizens born from 1983 are ineligible.

[davidr450]

Hi Vinny,

I have made that assumption - no point in changing application to one I don't believe is valid, only to have it rejected, and have to start all over.

Thanks again for the advice. I'll just have to go to the UK directly and apply for his citizenship.

David