Right of Abode

[kstjames86]

I was wondering if anyone could help:

My mother was born in 1957 in Barbados, she came to the country when she was 7 years old (1964). Because Barbados was still a colony of the UK at that point, would my mother have been granted right of abode or british citizenship when Barbados gained its independence in 1966 as she was aged 9 at this point?

Any advice you can give me would be most appreciated.

[JAJ]

She would have lost her British nationality at independence of Barbados (when she became a Barbados citizen, presumably) unless her father or paternal grandfather was born in Barbados itself or a place which remained a colony.

If so, then after independence, she would haven needed to apply to regain British nationality.

Is she in the UK now and on what basis was she admitted? 1964 was after the Commonwealth Immigrants Act so she must have some documentation of status unless she was "waved through" as a tourist and remained long term with no permission.

[kstjames86]

She says she has no paper work as she was only 7 at the time and her parents did not keep hold of the paper work. I assume she took for granted that she was exempt from immigration control as she received her National Insurance Number as was working from the age of 18. She left the country 1981 with my father(who was not a British citizen but was here on a student visa) and sister (who was born in Leeds in 1978).
She returned to the UK in 1986 with my sister and I and was given a time limited visa and told to sort out her immigration status (and also mine since I arrived in the country on her passport). Unfortunately she did not do so. She is still in the UK and still working using the National Insurance she was issued with previously.
I was wondering what the best way would be for her to proceed. I am in the course of applying for indefinite leave to remain here and wondering if she shoud do the same?

[JAJ]

She possibly was granted Indefinite Leave to Remain when she was in Britain in the 1960s. Is she sure that her parents never applied to become British again after Barbados independence?

Leaving Britain in 1981 (for 5 years) may have caused loss of ILR. The fact she appears to have been readmitted as a tourist suggests this. If she has no records the Home Office might (or might not) have her on file but unclear whether she ought to raise her profile right now.

She needs to see an immigration solicitor and probably needs to apply for ILR under the 14 year rule.

She ought not to leave the United Kingdom for any reason (neither should you) as she may not be readmitted.