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Right of abode certificate

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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ti_abbasi2002
Junior Member
Posts: 90
Joined: Thu Feb 17, 2011 1:40 am
United Kingdom

Right of abode certificate

Post by ti_abbasi2002 » Fri Jul 08, 2022 1:29 pm

I had applied certificate of entitlement to the right of abode in the UK of my 3 years old daughter. She has already got certificate of registration as a British Citizen. I had applied her ROA after her registration as a British Citizen but UKVI refused application that she dont have right of abode in the UK on the basis that her parent had not settled status at the time of her birth. Actually, she is british citizen now regardless of her parents status at the time of birth. What is the remedy of this refusal as HO didn't give appeal or review of this application but they made big mistake whilst assessing her application as she has right of abode in the UK as a british citizen.

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Right of abode certificate

Post by vinny » Fri Jul 08, 2022 2:29 pm

When applying, did you include her Certificate of Registration as a British citizen as evidence?
vinny wrote:
Tue Dec 16, 2014 2:02 am
Applications from 6th April 2015:
Application to reconsider a decision for a certificate of entitlement to the right of abode wrote:There is no legal right of appeal or review of a right of abode decision, but if you believe it is incorrect, you can apply for it to be reconsidered by completing the enclosed Form RROA. A fee of £80.00 is payable for reconsideration and should accompany your application.
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Ticktack
Respected Guru
Posts: 2475
Joined: Wed Mar 23, 2022 10:35 am
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Re: Right of abode certificate

Post by Ticktack » Fri Jul 08, 2022 2:37 pm

ti_abbasi2002 wrote:
Fri Jul 08, 2022 1:29 pm
I had applied certificate of entitlement to the right of abode in the UK of my 3 years old daughter. She has already got certificate of registration as a British Citizen. I had applied her ROA after her registration as a British Citizen but UKVI refused application that she dont have right of abode in the UK on the basis that her parent had not settled status at the time of her birth. Actually, she is british citizen now regardless of her parents status at the time of birth. What is the remedy of this refusal as HO didn't give appeal or review of this application but they made big mistake whilst assessing her application as she has right of abode in the UK as a british citizen.
I beg to differ. If your child was born after January 1, 1983 (which seems Obvious). No person born in 1983 or later can have the right of abode unless he or she is a British citizen.

You can only obtain British citizenship through your parent at birth, if your parent(s) are either British before you were born or have ILR at the time of your birth. if born on UK soil. Different rules if born outside.
British by descent and all that.


So the million dollar question is, what is your status in the UK now and when you registered her?
No sin in failing, you just have to try and try again!

ti_abbasi2002
Junior Member
Posts: 90
Joined: Thu Feb 17, 2011 1:40 am
United Kingdom

Re: Right of abode certificate

Post by ti_abbasi2002 » Fri Jul 08, 2022 3:56 pm

I sent email to HO in response to their decision and they apologise and said they will issue Certificate of Entitlement to the ROA shortly😁
Ticktack wrote:
Fri Jul 08, 2022 2:37 pm
ti_abbasi2002 wrote:
Fri Jul 08, 2022 1:29 pm
I had applied certificate of entitlement to the right of abode in the UK of my 3 years old daughter. She has already got certificate of registration as a British Citizen. I had applied her ROA after her registration as a British Citizen but UKVI refused application that she dont have right of abode in the UK on the basis that her parent had not settled status at the time of her birth. Actually, she is british citizen now regardless of her parents status at the time of birth. What is the remedy of this refusal as HO didn't give appeal or review of this application but they made big mistake whilst assessing her application as she has right of abode in the UK as a british citizen.
I beg to differ. If your child was born after January 1, 1983 (which seems Obvious). No person born in 1983 or later can have the right of abode unless he or she is a British citizen.

You can only obtain British citizenship through your parent at birth, if your parent(s) are either British before you were born or have ILR at the time of your birth. if born on UK soil. Different rules if born outside.
British by descent and all that.


So the million dollar question is, what is your status in the UK now and when you registered her?

ti_abbasi2002
Junior Member
Posts: 90
Joined: Thu Feb 17, 2011 1:40 am
United Kingdom

Re: Right of abode certificate

Post by ti_abbasi2002 » Fri Jul 08, 2022 4:04 pm

I got this response from case worker after sending him an email:

"Thank you for your email below.



Please accept my apologies for this error. Unfortunately your daughters registration certificate had not uploaded on to our system. I have now amended this and can confirm that a Certificate of Entitlement to the Right of Abode for your daughter will be issued shortly.



Thank you"

vinny wrote:
Fri Jul 08, 2022 2:29 pm
When applying, did you include her Certificate of Registration as a British citizen as evidence?
vinny wrote:
Tue Dec 16, 2014 2:02 am
Applications from 6th April 2015:
Application to reconsider a decision for a certificate of entitlement to the right of abode wrote:There is no legal right of appeal or review of a right of abode decision, but if you believe it is incorrect, you can apply for it to be reconsidered by completing the enclosed Form RROA. A fee of £80.00 is payable for reconsideration and should accompany your application.

ti_abbasi2002
Junior Member
Posts: 90
Joined: Thu Feb 17, 2011 1:40 am
United Kingdom

Re: Right of abode certificate

Post by ti_abbasi2002 » Tue Aug 02, 2022 4:34 pm

I have got my daughter's certificate of entitlement to ROA on 27th July after 3 weeks of biometric enrollment. :D
ti_abbasi2002 wrote:
Fri Jul 08, 2022 4:04 pm
I got this response from case worker after sending him an email:

"Thank you for your email below.



Please accept my apologies for this error. Unfortunately your daughters registration certificate had not uploaded on to our system. I have now amended this and can confirm that a Certificate of Entitlement to the Right of Abode for your daughter will be issued shortly.



Thank you"

vinny wrote:
Fri Jul 08, 2022 2:29 pm
When applying, did you include her Certificate of Registration as a British citizen as evidence?
vinny wrote:
Tue Dec 16, 2014 2:02 am
Applications from 6th April 2015:
Application to reconsider a decision for a certificate of entitlement to the right of abode wrote:There is no legal right of appeal or review of a right of abode decision, but if you believe it is incorrect, you can apply for it to be reconsidered by completing the enclosed Form RROA. A fee of £80.00 is payable for reconsideration and should accompany your application.

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