Right of Abode

[hopefloats]

Hi there

I don't know if this is the right sub-forum for this, but I can't find anywhere where this is mentioned.

Someone very kindly pointed out in my post on one of the other forums, that my mother has right of abode. She lived in England for 10 years when she was a child, and went to school here.

Because it was before 1949 (it was during the 2nd world war), she has right of abode. However.... proving she lived here is a challenge.

They say you have to provide a passport, UK identity document, or certificate of entitlement. My mum has none of these because it is of course, a life-time ago and she was a child.

My question is: What other documents or proof would be acceptible and how would we go about obtaining them?

For example:

* She and her family had ration books and identity books because it was during the war. However, I believe you're only allowed to apply for a copy of the identity book records of 1939 for a person who is deceased.

* She went to school in Sandbach, and I have written to the school to find out if they have any records, but would those be accepted by immigration?

* Her father bought a house during that time - is there a way of finding a record for that, and if so, would that be accepted?

* She and her family are on the passenger lists for the ship they arrived on (from Cape Town to Southampton) in 1936 and on the passenger lists for departing from Southhampton 1947 - would this be accepted?

* Her father was a member of the Home Guard, and worked for Fodens in Sandbach during the war - would there be any documentation we could find through that, and would it be accepted?

* Her father drove - would there be records of a driving license somewhere, and would that be accepted?

Any suggestions would be very much appreciated. Time is of the essence as her visitor's visa runs out on the 7th February, and at 80 years old with high blood pressure, we really don't want to send her back on a long haul flight.

Thanks v much in advance.

[JAJ]

What's the basis for a Right of Abode claim?

[hopefloats]

Hi JAJ,

The basis is that she lived in England for a period of 10 consecutive years before 1949. - I had this reply in the Family Immigration forum from someone, which is how I found out about the Right of Abode option...

Posted: Wed Dec 28, 2011 9:10 pm Post subject:

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Have a look at this link below. Your mother might already have right of abode in the UK without knowing it. You said she lived in UK and went to school here until she was 15 as a commonwealth citizen. Was she here for a continous period of 5 years, and also was this before 1949?

Look at section 2.1 a the 4th bullet point and also 2.1 b

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

If she was here for a full 5 years and it was before 1949, then she may already have right of abode, which is better than getting any other type of visa.

[JAJ]

Read the Home Office document, first page (extract):

"CUKCs who were ordinarily resident in the UK for any continuous period of 5 years before 31 December 1982 (time spent subject to immigration conditions can be included but the conditions must have been removed before completion of the 5 years) (section 2(1)(c)"

Note the term CUKC - what evidence is there that your mother was a Citizen of the UK & Colonies when Right of Abode was introduced (1.1.1973) as opposed to a South African citizen?

Also, realistically, you need to be finding yourself a good immigration solicitor. These questions are too complex for a free forum. But even with good professional assistance, there may be no option for you.

[JackieMoon]

Dear Hopefloats,

I understand I am off topic and I do not have any expertise to answer your questions, I sincerely apologise in advance. I desperately need your help.

My parents want to apply for ILE but we are still contemplating for years because my mother has wealthy sister back in home country. My parents own a property they are living in. In addition, they are on 10 years visitor visa. Whenever I ask advice from Immigration experts or solicitors, they warn that if the application was rejected, there will be no chance to get visitor visa later. I heard the similar stories from people with own experience that after refusal, their visitor visa applications were refused as well.

I noticed that your Mom's ILE application was refused and you had to go thru a very emotionally and physically drained period for appeal/court processes. Now your Mom is visiting you in the UK. Did UKBA raise any issues when your Mom applied for visitor visa? What did you have to prove to get the visitor visa?

I understand you are very busy with your Mom's application, I'd be so grateful if you could spare some minutes and share your experience. I'd be praying for your Mom's successful application for British Citizenship.

Regards
Jackie