Right of Abode and Citizenship

[johndoe]

Hi, I'm born in Malaysia 1981. Father is british, mom is malaysian, grandparents from father side are both british. Father and mom not married. Currently I'm holding a Right of Abode certificate in my malaysian passport.

I would like to get a british passport for the ease of travel in the EU. Do I qualify to apply for citizenship? If so, which application should I make and what is the procedure? Would it be easier to hire a immigration lawyer to sort it out?

Thanks

[vinny]

See also ILPA's Briefing to the Joint Committee on Human Rights on the withdrawal of the Right of Abode as provided by the draft (partial) Immigration and Citizenship Bill

[johndoe]

Thanks for the info. From what I can understand if this new bill passes, my right of abode would be stripped. And not only right of abode will be affected, UK ancestry visas would be affected too as it is a commonwealth citizen right.

The question I still need answer to is, whether I am eligible for a citizenship as of now and which application and procedure do I follow?

ps: The final draft of the new bill will be published in January 2009, how long does it usually take to get the bill pass in parliament?

Thanks

[johndoe]

According to this http://www.ukba.homeoffice.gov.uk/briti ... noverseas/

1)If you were born outside the United Kingdom before 1 January 1983 (yes)
2)You may have had citizenship of the United Kingdom and Colonies by descent from a father who had that citizenship, or because you were registered or naturalised as a citizen of the United Kingdom and Colonies. (yes, father is british)
3)You may have had right of abode if:when you were born, you had a parent who was a citizen of the United Kingdom and Colonies because he/she was born, adopted, naturalised or registered in the United Kingdom (except in certain circumstances), or because one of your grandparents was. (yes, father,grandfather and grandmother is british)

Does this mean that I am already a citizen? And I can go apply for a passport?

[vinny]

Problem is that your parents are not married to each other.

[johndoe]

What I need to do is proof that I am a legitimate child of my father?

Would it be sufficient if I can proof that I am legitimate child during birth because my parents are considered married under common law even tough they do not have a marriage certificate?

[paulp]

Is that the law of the land in Malaysia?

[johndoe]

yes it is. I will investigate more.

[Bakuli]

According to this http://www.ukba.homeoffice.gov.uk/briti ... noverseas/

1)If you were born outside the United Kingdom before 1 January 1983 (yes)
2)You may have had citizenship of the United Kingdom and Colonies by descent from a father who had that citizenship, or because you were registered or naturalised as a citizen of the United Kingdom and Colonies. (yes, father is british)
3)You may have had right of abode if:when you were born, you had a parent who was a citizen of the United Kingdom and Colonies because he/she was born, adopted, naturalised or registered in the United Kingdom (except in certain circumstances), or because one of your grandparents was. (yes, father,grandfather and grandmother is british)


Does this mean that I am already a citizen? And I can go apply for a passport?

Hi Johndoe,

I believe you may already be a British citizen and therefore entitled to a British passport. You will need to write to Nationalities Enquiries at IND to obtain a status letter confirming your British citizenship before approaching the passport office. I was a Malaysian passport holder with the Right of Abode and that was the procedure I went through before I was eventually issued with a British Passport. However, you should be aware that you will have to surrender your Malaysian Passport once you are issued with a British one as Malaysia does not recognise dual citizenship.

Below is the link to the thread where I got all the help here from some very knowledgeable people.

http://www.immigrationboards.com/viewto ... sc&start=0

Bakuli

[JAJ]

There are two possibilities here.

1. As father was not married to the mother, Right of Abode was issued in error.
http://www.bia.homeoffice.gov.uk/siteco ... chapter57/

2. There is discussion of the meaning of "legitimacy" here:
http://www.bia.homeoffice.gov.uk/siteco ... ec2gensec/

As a rule, if the father is domiciled in Malaysia and Malaysian law recognises a child as "legitimate" then British law will also do so.

But if father is from the United Kingdom, then he still may have been British domiciled in 1981.

I suggest advise from a (really good and experienced) immigration solicitor on this one.

[johndoe]

father was domiciled in malaysia. Since the british law recognises the malaysian law then I shouldn't have a problem.