Right of Abode or British Passport or Indian Passport?

[chakarj]

Hi Ashok,

I'm in the same situation

Father - british citizen by naturalisation
Mother - ILR on indian passport

I will be applying for certificate of entitlement in chennai for my baby who was born in india(oct 2013).

Can you tell me what documents did you submit for certificate of entitlement and if we have to submit original docs.

Do you know what is the processing time?

Thanks

Can anyone guide me with this query or share their experience.

Thanks

Hi Ashok,

Can you guide me with the above query?

[specy_99]

Can someone please answer?????

What documents to submit? and under nationality should I say my daughter is British or Indian?

I think UK Home office doesnt want any more Indians to come to the UK.


Feeling really frustrated!

[sanjay45]

You would have first got indian passport for your child
You are then applying for Right of abode
So obviously the nationality will be indian for child.
Main documents to send
Mothers indian passport
Marriage certificate
Fathers original naturalisation certificate
Fathers last 6 months bank statement (should have current funds over at least £6000)
Fathers british passports photocopy
Child's birth certificate from india
One photograph of child (45mm by 35mm)

I hope I have covered everything. I only found out today as my friend did it and my situation is similar to you

[vinny]

What documents to submit? and under nationality should I say my daughter is British or Indian?

The nationality should be stated as British. Commonwealth citizens born on/after 1983 would have no claim to the Right of Abode. The CoERoA would be issued under Regulation 6 of the Immigration (Certificate of Entitlement to Right of Abode in the United Kingdom) Regulations 2006.

[sanjay45]

My friend who filled the roa form in india, selected nationality as indian for his daughter as the passport is indian for her...
You mean we should select nationality as british?
Has this rule changed in the last 6 months as he filled it in the last 12 months!!!
This again creates further doubt..
Sanjay

[sanjay45]

https://www.visa4uk.fco.gov.uk/

Also I tried to practice on this roa form from the link above and under visa type there is nothing as right of abode... Instead the closest option is settlement
Is it cos I am clicking that link while in the UK and may be if I was in India it would have shown right of abode
Sanjay

[vinny]

You mean we should select nationality as british?

Yes. Else, the application may be incorrectly refused if the ECO does not realise that the applicant is also British.

Unfortunately, some ignorant people may also incorrectly refuse British citizens!

[sanjay45]

RIGHT OF ABODE!!!!!
It has all changed now
when you go this link: https://www.visa4uk.fco.gov.uk/
there is no such thing as right of abode under visa type.
It is Settlement.
so the child you are bringing back to UK on Indian passport has to select settlement and put his nationality as Indian

If any one differ then comment but I just called and spoke to an OISC advisor in london.


thanks
Sanjay

[vinny]

The Certificate of Entitlement to the Right of Abode category still exists, as confirmed by the new proposed fees. Further legislation will be required before it's abolished.

How do I get further assistance?

If you have read the above guidance and still require further assistance please email UKBAIG.ServiceIntegration@fco.gsi.gov.uk. Please send your enquiry in English and supply the details of the Web Browser you are using, the Country you are applying from, and your GWF application reference (if you have one). If your query is of a non-technical nature (e.g. you are seeking advice on the type of visa you should apply for), please see the guidance at http://www.ukba.homeoffice.gov.uk/visas-immigration http://www.ukba.homeoffice.gov.uk/countries/

[lynxukauq]

RIGHT OF ABODE!!!!!
It has all changed now
when you go this link: https://www.visa4uk.fco.gov.uk/
there is no such thing as right of abode under visa type.
It is Settlement.
so the child you are bringing back to UK on Indian passport has to select settlement and put his nationality as Indian

If any one differ then comment but I just called and spoke to an OISC advisor in london.


thanks
Sanjay

Sanjay ROA COE still exist and nothing has changed so stop panicking.

[sanjay45]

thanks Lynxu..

Can you help me with the following.

In right of abode form what do I put under.

1. Country of Nationality of child (British or Indian) - We are applying Indian passport and ROA stamp on it

Secondly,as I am in UK and wife and son Iin India. For Indian passport of my son I need to do this:
If either of the parents holds a foreign nationality, then a letter from the concerned Embassy or Mission of that country or from the concerned UK authority(in case of British national) stating that the child has not acquired nationality of his / her parent would be required.
How do I get this letter?

thanks
sanjay

[vinny]

1. Already advised.
2. Jambo's solution is probably what they require.

[lynxukauq]

1. Country of Nationality of child (British or Indian) - We are applying Indian passport and ROA stamp on it

You need to enter the nationality as British

and Vinny already answered your second question

[sanjay45]

I am getting contrasting answers
My friend who has done it says the Nationality has to be Indian as it clearly mentions for Right of abode that if he is British then they do not QUALIFY for ROA.

[vinny]

Where is that clearly mentioned?

[lynxukauq]

I am getting contrasting answers
My friend who has done it says the Nationality has to be Indian as it clearly mentions for Right of abode that if he is British then they do not QUALIFY for ROA.

Vinny and me both have given you correct advice and information.

You can go ahead and put down Nationality as Indian and see the outcome yourself.

[sanjay45]

Below is the copy of txr from Right of abode info on UKBA PDF info on ROA:
http://www.ukba.homeoffice.gov.uk/sitec ... de_roa.pdf

''On 21st December 2006, new regulations relating to certificates of entitlement to the right of
abode were introduced. After that date you will not qualify for a certificate of entitlement to be
placed in your foreign passport or travel document if you hold a United Kingdom passport
describing you as a British citizen or as a British subject with right of abode.''

''. A certificate of entitlement may be revoked if it is
established that:
• you do not have a right of abode in the United Kingdom, or
• you hold a UK passport describing you as a British citizen or a British subject with the right of
abode''

What I gather from it is that if you already are British national then you automatically have no immigration control as you have British Passport. So with right of abode on an Indian passport you are asking visa free travel to UK plus other accompanied benefits

thanks
sanjay

[lynxukauq]

What I gather from it is that if you already are British national then you automatically have no immigration control as you have British Passport. So with right of abode on an Indian passport you are asking visa free travel to UK plus other accompanied benefits

And your concern is???

[sanjay45]

My concern is if I should put child's nationality as Indian or British.
As forum says British and the notes say if it is British then you cannot have ROA on other passport

[lynxukauq]

My Dead Friend Sanjay

ROA is only for people who are British Citizen and not for other nationalities.

You are misinterpreting the information.

The guideline states that you cannot apply for COE to ROA if you already have got British Passport, however if you dont have British Passport and you are British Citizen then you do qualify for COE to ROA.

Now on the form if you state child nationality to be Indian then the application will be refused because Indian Nationals do not have ROA. Only British Citizens have Right of Abode.

[sanjay45]

makes sense.
I think this is what this forum does.
It clears your doubts as even the simplest things are looked with confusion as everyone wants to get it right for themselves or their loved ones.

sanjay

[sanjay45]

Key questions I need help on the ROA form being filled by my wife in India for my 5 month old Son. Also, please ignore if certain questions are too obvious and I defy logical reasoning!!

Passport and Travel Information
1. Nationality - British (as suggested by the forum)
2. Do you currently hold, or have you ever held, any other nationality or nationalities? (yes or no)
3.Country of Residence (Your permanent Country of residence) - UK or India
4. Are you a national of the country in which you are applying?
5. Are you a national of the country in which you are making your visa application?
6. Are you travelling with anyone ( Do we give my 5 year old daughter's name too as she will be on the flight and my name as I will travel to India to bring them with me)
7. How long do you intend to stay in the UK? (What do I state here)
8. On what date do you intend to arrive in the UK (current return flight is for 16th April unless it needs to be extended)

Personal Details and Travel History
1. What is your permanent residential address and contact details? (India or UK)
2. Do you have any dependent children? Are any other children travelling with you? (Real silly but I believe all these questions are being asked from my son's side not the parent willing..so here the answer will be 'No')

Income and Expenditure (wherever it says 'your' then does it mean just the son or figure for everyone?

Do you have savings, properties or other income, for example from stocks and shares? No
How much do you spend each month on living costs?
How much of your total monthly income is given to your family members and other dependants?
What is the cost to you personally of your trip in GBP(£)?
The total amount of money you have for this trip
The cost of the aeroplane, boat or train tickets
The cost of your accommodation
The cost of your living expenses
Is someone other than you paying for all or a part of your trip?
What is the total amount in GBP(£)?

Family and Friends in the UK

1. Please enter details of what you plan to do whilst in the UK (what do I write here? just that I will be staying with my parents!!)

How do you qualify for right of abode? - (My answer is 'Father or mother born, registered, naturalised or adopted in the UK before your birth, which occurred outside the UK on or after 01 Jan 1983)

Under 18
1.Who are you travelling to the UK with? Mother (do we also mention father as I may travel to bring them back)

Visa Confirmation Questions

Do you hold a British Passport or ID card stating you are a British Citizen or British Subject? - No'


Any HELP will be highly appreciated.

Sanjay

[sanjay45]

ROA is only for people who are British Citizen and not for other nationalities.

You are misinterpreting the information.

The guideline states that you cannot apply for COE to ROA if you already have got British Passport, however if you dont have British Passport and you are British Citizen then you do qualify for COE to ROA.

Now on the form if you state child nationality to be Indian then the application will be refused because Indian Nationals do not have ROA. Only British Citizens have Right of Abode.

What will be the answer to the following questions ROA form for child in India with Indian Passport

1. Nationality -
2. Do you currently hold, or have you ever held, any other nationality or nationalities? (yes or no)
3.Country of Residence (Your permanent Country of residence) - UK or India
4. Are you a national of the country in which you are applying?
5. Are you a national of the country in which you are making your visa application?

[praks_singh]

Hi Gurus,

Can you please let me known, is my baby eligible for 'Certificate of Entitlement for Right of Abode'

a) Father - British Citizen thru Naturalization in March 2012
b) Mother - ILR (Indefinite to Leave in UK) in May 2010 and Holding Indian Passport
c) Baby born in India i.e Aug 2013 and Holding Indian Passport
d) Both Mother and Baby in India since delivered

Can i apply COE ROA for baby in India or not?

Thanks

Hi Ashok,

I am in similar boat as you although a step behind you.

Can you please let me know the process of applying Indian passport for the child born in India to British Father and India Mother?

Specifically, I want to know if I need to be there in India for applying for child's passport through tatkaal scheme? If not, what document do I need to send and if yes, what document should I carry to India.

Please help.

[praks_singh]

Hi Ashok,

I'm in the same situation

Father - british citizen by naturalisation
Mother - ILR on indian passport

I will be applying for certificate of entitlement in chennai for my baby who was born in india(oct 2013).

Can you tell me what documents did you submit for certificate of entitlement and if we have to submit original docs.

Do you know what is the processing time?

Thanks

Hi Chakraj,

I hope you have successfully applied and got the CoE for ROA for your child.
I am in similar boat. Can you please tell me how did you apply for your child's passport in India? Did you have to go to India for this or did you just sent an attested copy of your passport?

Please let me know.

Kind Regards:
praks

Can anyone guide me with this query or share their experience.

Thanks

Hi Ashok,

Can you guide me with the above query?