Right of Abode (ROA) vs ILR

[Khurram]

Hi, just wanted to ask what kind of benefits would one have if you were to apply for Right of Abode (ROA), compared to just sticking with ILR in your foriegn passport.

As a pre-requisite for naturalised citizens, I do know that the country of origin should allow dual nationality, else don't think ROA application would be entertained by the HO. And the other thing that I can think of with ROA, is one's exemption from the time frame restriction of returning back to the UK within 2 years. Unless I am mistaken, staying away from the UK for more than 2 years would make one's ILR status go void?

Would appreciate any comments and views.

[JAJ]

Hi, just wanted to ask what kind of benefits would one have if you were to apply for Right of Abode (ROA), compared to just sticking with ILR in your foriegn passport.

As a pre-requisite for naturalised citizens, I do know that the country of origin should allow dual nationality, else don't think ROA application would be entertained by the HO. And the other thing that I can think of with ROA, is one's exemption from the time frame restriction of returning back to the UK within 2 years. Unless I am mistaken, staying away from the UK for more than 2 years would make one's ILR status go void?

Would appreciate any comments and views.

The circumstances in which you can apply for Right of Abode without British citizenship are very limited. On what basis do you think you might be entitled to apply?

[ppron747]

Hi, just wanted to ask what kind of benefits would one have if you were to apply for Right of Abode (ROA), compared to just sticking with ILR in your foriegn passport.

AIUI, your ILR/ILE endorsement becomes technically invalid as soon as you acquire British citizenship, because the limitations such endorsements (or any UK visa) carry with them simply cannot apply to a British citizen or anyone else with ROA. I'm sure people do continue to travel on their non-Brit passports with ILR endorsements, but they shouldn't, and IND shouldn't subsequently transfer the endorsement to a new passport after the original passport has expired.

As a pre-requisite for naturalised citizens, I do know that the country of origin should allow dual nationality, else don't think ROA application would be entertained by the HO.

Theoretically, I think you're right - a Certificate of Entitlement to ROA shouldn't be put in a passport that IND knows that the person shouldn't have. But I've not heard of a CoE being refused on these grounds, and I have heard of people (eg Indians, Zimbabweans, Kenyans) applying in precisely this circumstance. I don't know whether it is a case of IND turning a Nelsonian blind eye to it, or whether it is an oversight...

And the other thing that I can think of with ROA, is one's exemption from the time frame restriction of returning back to the UK within 2 years. Unless I am mistaken, staying away from the UK for more than 2 years would make one's ILR status go void?

Yes - ROA is "permanent" (well, as permanent as British citizenship...) whereas ILR falls away after two years absence from UK, and you need to apply for fresh entry clearance in order to return to UK to settle. But how can you apply for entry clearance if, as a person with ROA, you don't need it, and are not subject to immigration control? I'm fairly sure that UKVisas' staff instructions tell ECOs not to issue visas to people who they know to be BCs or to have ROA.

[ppron747]

The circumstances in which you can apply for Right of Abode without British citizenship are very limited. On what basis do you think you might be entitled to apply?

I interpreted Khurram's question as being about appying for a Certificate of Entitlement to the Right of Abode, rather than applying for Right of Abode itself, which is impossible...

[Dawie]

As a pre-requisite for naturalised citizens, I do know that the country of origin should allow dual nationality, else don't think ROA application would be entertained by the HO.

Wrong, the country of origin's view of dual or mutiple nationalities does not affect the HO decision in any way. Whether or not your home country aproves of you aquiring British citizenship is matter for them and them only and the HO will not consider this when making a decision on your naturalisation.

[Khurram]

ppron747
Thanks, much appreciate your response.

Dawie:

... and them only and the HO will not consider this when making a decision on your naturalisation.

You are absolutely right about that, but just for the sake of clarification, my statement "... pre-requisite for naturalised citizens" refers to a situation after the naturalisation stage !

Regards

[raniwza]

Hi

Would it be difficult to get the certificate of entitlement rather than right of abode? i have been in the UK nearly 9 years now but i want to work whilst doing my ACCA - Work permit is hard to get nowadays since UK recruitments agencies will normally turn away - Hence limited access to employers - please can anyone advise the procedures/requirements?

Thanks
rani

[ppron747]

I think one of us is a bit confused!!

The full name of the C of E is "Certificate of Entitlement to the Right of Abode". It is available only to people who have the right of abode under section 2 of the Immigration Act 1971. The only people in this category are

• British citiizens,
• most Commonwealth citizens / British subjects born before 1 January 1983 who have a UK-born parent, and
• most Commonwealth citizen / British subject women married before 1 January 1983 to a man who himself had the right of abode.

The right of abode is a status that you either have or you don't - it has never been something that the individual can apply for, as such.

People who have ROA can, if they wish, apply for a certificate of entitlement to be endorsed into the passport of another country. But the only way you can acquire the right of abode after 1st January 1983 is by becoming a British citizen (eg by naturalisation).

Judging by your reference to work permits, I don't think ROA is what you're after...