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Right Of Abode Q.

General UK immigration & work permits; don't post job search or family related topics!

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instone
Newly Registered
Posts: 2
Joined: Thu Mar 23, 2006 12:16 pm

Right Of Abode Q.

Post by instone » Thu Mar 23, 2006 12:21 pm

Hello,

I am looking for some constructive help on this matter.

My Back-story:

Mother from Ghana / Father English
Mother & Father were never married
I was born in Ghana
Arrived in the UK ( London) when I was 8years in old 1975
Schooled in the UK legally ( Primary / Secondary / 1 year in University
Full National Insurance number when I left Secondary School 1984
Applied for Right Of Abode this year and was refused, on the grounds that my Father and Mother were not married.
Now I have to Appeal .

Any advice from the forum would be helpful. Or does anyone know of a similar cases of this type that I can look at. ( Where the person won the Appeal ) or point me in the right direction.

Thanks

JAJ
Moderator
Posts: 3977
Joined: Sun Oct 23, 2005 9:29 pm
Australia

Re: Right Of Abode Q.

Post by JAJ » Thu Mar 23, 2006 12:34 pm

instone wrote:Hello,

I am looking for some constructive help on this matter.

My Back-story:

Mother from Ghana / Father English
Mother & Father were never married
I was born in Ghana
Arrived in the UK ( London) when I was 8years in old 1975
Schooled in the UK legally ( Primary / Secondary / 1 year in University
Full National Insurance number when I left Secondary School 1984
Applied for Right Of Abode this year and was refused, on the grounds that my Father and Mother were not married.
Now I have to Appeal .

Any advice from the forum would be helpful. Or does anyone know of a similar cases of this type that I can look at. ( Where the person won the Appeal ) or point me in the right direction.

Thanks

Have you got UK permanent resident status (Indefinite Leave to Remain). If so, then why not apply for naturalisation? You may lose your Ghana citizenship but that may not be a problem.

If you haven't got Indefinite Leave to Remain, but have been in the UK since 1975, then there should be an opportunity to regularise your status. See an immigration lawyer.

ppron747
inactive
Posts: 950
Joined: Wed Oct 19, 2005 6:10 pm
Location: used to be London

Post by ppron747 » Thu Mar 23, 2006 1:21 pm

I am very sorry to say that I think you applied for the wrong thing, and that an application for a certificate of entitlement to the right of abode under the Immigration Act 1971 simply could not succeed in the absence of your being able to show that you were legitimate at birth, or that you have been legitimated by your parents' subsequent marriage. (Which could still happen, if they are still together...)

If you don't qualify for ILR under the long-term residence rules - you haven't said whether you've lived here continuously - then an alternative would be UK-ancestry entry clearance, presuming your father's parents were born here. The Ancestry visa doesn't require the applicant to be legitimate.
|| paul R.I.P, January, 2007
Want a 2nd opinion? One will be along shortly....

instone
Newly Registered
Posts: 2
Joined: Thu Mar 23, 2006 12:16 pm

Post by instone » Fri Mar 24, 2006 9:18 am

Thanks for the advice about the.

To Answer your question. My parents were never married. And I have been constantly living in the UK from 1975-1999 after which I got married to a French Landy and went to France to live with her from 1999-2005. Now we are seperated ( going for a divorce ) I am back in the UK, now for 11 months.

Thanks

Chess
Diamond Member
Posts: 1855
Joined: Fri Nov 07, 2003 1:01 am

Post by Chess » Fri Mar 24, 2006 9:47 am

instone wrote:Thanks for the advice about the.

To Answer your question. My parents were never married. And I have been constantly living in the UK from 1975-1999 after which I got married to a French Landy and went to France to live with her from 1999-2005. Now we are seperated ( going for a divorce ) I am back in the UK, now for 11 months.

Thanks
What sort of Passport have you got???
Where there is a will there is a way.

Aleksas
Newly Registered
Posts: 17
Joined: Wed Mar 22, 2006 6:08 pm
Location: Pretoria, South Africa.

Post by Aleksas » Wed Mar 29, 2006 12:45 am

You could have applied for a french passport in that time... and this would let you live and work in the UK easily. France only requires one year of marriage, which doesnt even need to be spent in france, to a french citizen to qualify for french citizenship. This is all provided you can speak french ofcourse... but maybe you would have learnt to speak it whilst you were in France?

http://en.wikipedia.org/wiki/French_nationality_law

Lex.

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