Certificate of Entitlement to the Right of Abode

[Karthik_g]

Hi,

I need help.

My daughter is born in india and she is only 2 months. My wife hold a British passport ( naturalised). I am still holding Indian passport ( ILR). Could some one advise a process to apply for Right of Abode certificate.

1. How to take an appointment in Hyderbad
2. Any application form to be filled. Please provide link to download
3. Documents checklist

Any further information will be of great help

[CR001]

Have you clicked on any of the links in the 1 post of this topic (quoted below)??

The Nationality, Immigration and Asylum Act 2002 confers the powers of issuing the Certificate of Entitlement to the Right of Abode to the Immigration (Certificate of Entitlement to Right of Abode in the United Kingdom) Regulations 2006 (as amended).

Issue of certificate of entitlement

6. A certificate of entitlement will only be issued where the appropriate authority is satisfied that the applicant—
(a)has a right of abode in the United Kingdom under section 2(1) of the 1971 Act(1);

(b)is not a person who holds:

(i)a United Kingdom passport describing him as a British citizen,
(ii)a United Kingdom passport describing him as a British subject with the right of abode in the United Kingdom, or
(iii)a certificate of entitlement;”.

(c)is not a person whose exercise of his right of abode is restricted under section 2 of the Immigration Act 1988(3) (restrictions on exercise of right of abode in cases of polygaumy); and

(d)is not a person who is deprived of his right of abode by an order under section 2A of the 1971 Act(4).

A Certificate of Entitlement to the Right of Abode may be issued, if 6 (as amended) is true.
6 (as amended) is true, if 6(a) and 6(b) (as amended) and 6(c) and 6(d) are all true.

6(a) is true, if 2(1) is true.
2(1) is true, if 2(1)(a) or 2(1)(b) is true.
2(1)(a) is true, if the applicant is British (*).

Note that 2(1)(a) does not differentiate on the many ways a person may be British. Consequently, all British citizens automatically have the Right of Abode. So, it doesn't matter how/why the applicant is British. Therefore, 6(a) is always true for all British citizens.

6(c) and 6(d) are also always true for all British citizens, as their failure relates only to Commonwealth citizens with the Right of Abode under 2(1)(b).

Any refusal of issuing the Certificate of Entitlement to the Right of Abode should be due to failing Section 6 (as amended). Since 6(a) and 6(c) and 6(d) are always true for British citizens, the only way that a British citizen may be refused is when Section 6(b) (as amended) fails. That is, it fails when the applicant already holds an alternative evidence of Right of Abode (3(9)), such as a valid British passport, etc.

See also summary for British citizens.

Significantly, people born from 1983 have the Right of Abode iff they are British.

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

Now also subject to the Counter-Terrorism and Security Act 2015.

For Commowealth citizens (non-British citizens),

he is a Commonwealth citizen who—

(i)immediately before the commencement of the M1British Nationality Act 1981 was a Commonwealth citizen having the right of abode in the United Kingdom by virtue of section 2(1)(d) or section 2(2) of this Act as then in force; and

(ii)has not ceased to be a Commonwealth citizen in the meanwhile.

Where

he is a Commonwealth citizen born to or legally adopted by a parent who at the time of the birth or adoption had citizenship of the United Kingdom and Colonies by his birth in the United Kingdom or in any of the Islands.

A woman is under this Act also to have the right of abode in the United Kingdom if she is a Commonwealth citizen and either—

(a)is the wife of any such citizen of the United Kingdom and Colonies as is mentioned in subsection (1)(a), (b) or (c) above or any such Commonwealth citizen as is mentioned in subsection (1)(d); or

(b)has at any time been the wife—

(i)of a person then being such a citizen of the United Kingdom and Colonies or Commonwealth citizen; or

(ii)of a British subject who but for his death would on the date of commencement of the British Nationality Act 1948 have been such a citizen of the United Kingdom and Colonies as is mentioned in subsection (1)(a) or (b);

but in subsection (1)(a) and (b) above references to registration as a citizen of the United Kingdom and Colonies shall not, in the case of a woman, include registration after the passing of this Act under or by virtue of section 6(2) (wives) of the British Nationality Act 1948 unless she is so registered by virtue of her marriage to a citizen of the United Kingdom and Colonies before the passing of this Act.

Applications from 6th April 2015:

There is no legal right of appeal or review of a right of abode decision, but if you believe it is incorrect, you can apply for it to be reconsidered by completing the enclosed Form RROA. A fee of £80.00 is payable for reconsideration and should accompany your application.

Related caselaw:

Secretary of State for the Home Department v Ize-Iyamu [2016] EWCA Civ 118 (01 March 2016)

[jact25bd]

Hi Guys
I guess I am writing in the right section to ask question with the similar topic.

My son was born in London 3+years ago and he had dependent leave to remain of Tier 2 dependent until it was curtailed. After curtailment he left uk and went back to Bangladesh with his Mom who also had Tier 2 dependent leave to remain.
After I got my ILR I applied for his registration as British Citizen which was approved and I have now his British Citizenship certificate with me.
I would like to get my son to UK along with his mother who will apply for Spouse visa. I will be applying for his COE to ROA in Bangladesh.
I am confused what documents should my son present with is application?
I check the the UKVI website where it says the only mandatory document required is his original British registration certificate.
But when I checked UKVI's "Guide to supporting documents Right of Abode" it gives a list of documents.
Can you one advice what specific documents my son should present during application.

I will highly appreciate if someone could advice me.
Regards
jact25bd

[EverywhereExPat]

As I've retired I assume I put my occupation as "retired" and include no occupation information; as I don't pay UK tax I don't include Tax office information (page 5)

[vinny]

I am confused what documents should my son present with is application?
I check the the UKVI website where it says the only mandatory document required is his original British registration certificate.
But when I checked UKVI's "Guide to supporting documents Right of Abode" it gives a list of documents.
Can you one advice what specific documents my son should present during application.

That's correct. The list of supporting documents is determined by the basis of the claim to the Right of Abode.

[jact25bd]

I am confused what documents should my son present with is application?
I check the the UKVI website where it says the only mandatory document required is his original British registration certificate.
But when I checked UKVI's "Guide to supporting documents Right of Abode" it gives a list of documents.
Can you one advice what specific documents my son should present during application.

That's correct. The list of supporting documents is determined by the basis of the claim to the Right of Abode.

Hi Vinny
Thanks for your reply. So what do you think should I only submit the British Registration Certificate or any additional docs as the application will be made in Bangladesh.

[vinny]

There's no harm is submitting more documents, although there may be a danger of making them confused. What would you like to submit?

[jact25bd]

There's no harm is submitting more documents, although there may be a danger of making them confused. What would you like to submit?

Hi Vinny
As far as I understand submitting Citizenship certificate, uk birth certificate, Foreign passport should be fine.
But also thinking should i send my tennancy agreement, payslips and bank statement to show that i am capable of maintaining him and housing him.
Also, thinking should i send my marriage certificate.
Regards
jact25bd

[EverywhereExPat]

I'm wondering if anyone knows what a typical processing timeframe is once the application is submitted? My passport already has a Certificate of Entitlement so I posted it off with supporting documentation. A eek later receipt was acknowledged, two weeks later I was asked to submit my biometrics, so I'm assuming they wouldn't ask for that if the application was going to be refused

[EverywhereExPat]

An update on processing times. As I posted previously, I already had a Certificate to Right of Abode. I posted my application off at the end of September (from Australia). A couple of weeks later I was invited to submit my biometrics via VfS. This week I received a letter dated 10 January telling me my application had been successful. All-in-all, and remembering the New Year break, 4 months end-to-end

A big thank you to all who helped with advice in this Forum

[puk]

Thank you Vinny for that,

Since this post I have received a reply from Liverpool passport office, they are requesting a birth certificate for my daughter issued by the hospital?
I sent one from the counsellor in English to them but they want another? Is this right?
As far I understand hospitals don't issue birth certificates in Pakistan anymore?

Please advise thanks

My daughter was born in lahore at Hamid Latif Hospital and they issued her birth certificate which we took to Nadra to get B-form. We used these documents to apply for her ROA which took us 10 days.

If you search under my post i have detailed out thorough process including documents required.

Sir your link below does not give any details of the documents submitted . it takes us to post by RAJA123.

Could you kindly guide me , regards to documents required to submit with ROA Application

[CR001]

Thank you Vinny for that,

Since this post I have received a reply from Liverpool passport office, they are requesting a birth certificate for my daughter issued by the hospital?
I sent one from the counsellor in English to them but they want another? Is this right?
As far I understand hospitals don't issue birth certificates in Pakistan anymore?

Please advise thanks

My daughter was born in lahore at Hamid Latif Hospital and they issued her birth certificate which we took to Nadra to get B-form. We used these documents to apply for her ROA which took us 10 days.

If you search under my post i have detailed out thorough process including documents required.

Sir your link below does not give any details of the documents submitted . it takes us to post by RAJA123.

Could you kindly guide me , regards to documents required to submit with ROA Application

british-citizenship/right-of-abode-cert ... l#p1326123

[vinny]

satisfied

That's correct. The list of supporting documents is determined by the basis of the claim to the Right of Abode.

[eashkuma4]

Dear All,

Can any one guide if my baby born in India is eligible for COE?

I am a British Naturalized citizen in 2013 and hold a British Passport
My wife holds UK ILR since 2012
Baby born in India in 2017 April and holds Indian Passport

Can you please clarify if Baby is eligible for COE and if so under what basis I have to mention in the form?

Many thanks for your help

[vinny]

Yes. Do read the first post in this topic.

[eashkuma4]

Dear Vinni,

Thank you for your time in replying to my post, I read the links and got the guidelines booklet but have a question here

In the guidelines it is mentioned as below which is exactly matching to my situation

Applicant was born outside the UK and the
Falkland Islands on or after 1 January 1983,
or outside the UK and any qualifying British
overseas territory on or after 21 May 2002,
to a parent born in the UK or the Falkland
Islands (or, on/after 21 May 2002, any
qualifying British overseas territory) or to a
parent registered or naturalised in the UK
prior to the applicant’s birth
• Applicant’s full birth certificate
showing parents’ details;
• Parent’s marriage certificate (if
claiming through father and applicant
born before 1 July 2006); and
• Parent’s full birth certificate, registration
or naturalisation certificate

in my case applicant is born outside the UK and Parent father holds British Passport the confusion I have is, they mentioned Parents marriage certificate if claiming through father and applicant born before 1 July 2006, what do they mean as applicant here? because my baby is born in April 2017 so don't come under before 1 July 2006

Can you please clarify this?

Many thanks for your support

[vinny]

It means that it's okay for the applicant's parents to be unmarried.

[samy1782]

Hello

My daughter, 3 years old, was born in UK. When she was born me and my wife were on Tier General Visa.

Currently all 3 of us are on ILR. I am applying for British passport next week and then will apply OCI for myself

My wife wants to stay on ILR . However for my daughter I want to Apply Certificate of Entitlement.Is she eligible as she is currently on ILR?

[eashkuma4]

I don't think she is eligible for COE

COE is only for someone who is born dual citizen that is one Parent hold British or settled in the UK

I will let experts answer this for you

[vinny]

I don't think she is eligible for COE

That's correct. However, child is entitled to register.

[samy1782]

I don't think she is eligible for COE

That's correct. However, child is entitled to register.

Hi Vinny

What is the eligibility criteria for her to get CoE.I dont want British passport for her

[CR001]

I don't think she is eligible for COE

That's correct. However, child is entitled to register (click).

Hi Vinny

What is the eligibility criteria for her to get CoE.I dont want British passport for her

Do click on the link vinny has provided. She cannot get CoE until she is British and she is not British yet, you have to register her as British.

[vinny]

Significantly, people born from 1983 have the Right of Abode iff they are British.

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

[samy1782]

Hello

My daughter was born in UK in March 2014. At that time me and my wife were on Tier 1 General visa

I recently got my Citizenship and my wife wants to stay on ILR .
My daughter is on ILR too. I wish to know process for getting my daughters CoE to ROA

What are the options for her to get CoE to ROA

1. If I get her naturilsed in UK and obtain Naturalisation Certificate [without applying for British passport] , can she get CoE on her Indian passport?

2. After being naturalised , can she apply for CoE to ROA from India ?

What are the options?

Thanks
Sam

[CR001]

Hello

My daughter was born in UK in March 2014. At that time me and my wife were on Tier 1 General visa

I recently got my Citizenship and my wife wants to stay on ILR .
My daughter is on ILR too. I wish to know process for getting my daughters CoE to ROA

What are the options for her to get CoE to ROA

1. If I get her naturilsed in UK and obtain Naturalisation Certificate [without applying for British passport] , can she get CoE on her Indian passport? Yes. Children are REGISTERED. Only adults are NATURALISED.

2. After being naturalised , can she apply for CoE to ROA from India ? Yes

What are the options?

Thanks
Sam

You would need to check the nationality criteria with the Indian authorities regarding this as she is not automatically British and has to apply for the citizenship which might be an issue for her Indian nationality.