CERTIFICATE OF ENTITLEMENT TO RIGHT OF ABODE IN UK

I had certificate of entitlement to the right of abode for 10 years , I was living in uk from 2011 till 2019 , my visa was expired on 2021 , recently I tried to renew my visa but it was rejected , since I was living in uk for more than 7 years I am eligible for naturalization, is it possible to apply from out of uk , is there any lawyer who I can contact to get legal advice ?

Abd1234 wrote: ↑

Sun Sep 11, 2022 9:00 am

is there any lawyer who I can contact to get legal advice ?

Recommendation of solicitors of law firms is not allowed on these forums.

If you were born after 1983, the only way you could have a CoE-RoA is if you are already a British citizen.

If you have RoA, you neither require a visa nor can apply for naturalisation as you are likely already a British citizen.

If you do not have RoA, but were on a visa, and have been absent for seven years, you can't apply for naturalisation, which requires five years of residence in the UK.

Abd1234 wrote: ↑

Sun Sep 11, 2022 9:00 am

recently I tried to renew my visa but it was rejected

Can you post the text of the rejection letter here, taking out all personal details?

Eligibility for Naturalisation is not a ground for refusing a CoE-RoA. Was there another ground for refusing?

Note that a CoE-RoA is a confirmatory document. It doesn’t confer the status.

The Decision
I have used all the information provided by you to determine if you qualify for a certificate of
entitlement to the right of abode. In reaching my decision, which has been made on the balance of
probabilities, I note the following points:

Your passport confirm that you were born
in India in 1981. As this was after India gained independence, you did not hold status as a
Citizen of the United Kingdom and Colonies (CUKC). Consequently, you are unable to hold a
Right of Abode in your own right.
You have stated that your Mother was born in 1960 and that her Father registered as a CUKC
in Singapore in 1954. He also registered in the UK in 1966. While there initially appears to
have been some confusion relating to your Mothers status as a result of this, it was
subsequently accepted that he held CUKC status before your Mother was born. As a result,
your Mother held CUKC status by descent. As this status was by descent, it cannot be
passed on to the next generation and you cannot, therefore, benefit from this. It should be
noted that it may be possible for a person to hold a Right of Abode based on their
Grandfathers status but this has to be the paternal Grandfather. In your case, it was your
maternal Grandfather who held CUKC status and a Right of Abode. As a result, this could
not be passed on to you.
In light of the above, I am not satisfied that you qualify for a Certificate of Entitlement to the Right of
Abode in the UK.
I have therefore refused your application because I am not satisfied, on the balance of probabilities,
that you meet all of the requirements of the relevant paragraph of the United Kingdom Immigration
Rules.
In relation to this decision there is no right of appeal or right to administrative review.

Dear secret.Simon, vinny
Please find the above mentioned decision of my application regarding Right of abode.

If you are not British nor the wife of a British citizen, then I think they expect a Commonwealth citizen to satisfy 2(1)

(d) he is a Commonwealth citizen born to or legally adopted by a parent who at the time of the birth or adoption had citizenship of the United Kingdom and Colonies by his birth in the United Kingdom or in any of the Islands.

If the refusal is correct, then are you eligible to register or apply for a visa under UK Ancestry?

UK Ancestry visa is not an option. It requires at least one of the applicant's grandparents to have been born in the UK, not merely a CUKC registered here.

But on the other hand, I suspect that the OP can register as a British citizen under the Romein judgment on Form UKM (also see guidance).

To the OP: The fees are nominal (£80 for the citizenship ceremony, which are refunded if the application fails) and the documentation requirement is straighforward.
You will need your grandfather's original registration certificate issued in the UK (the Singapore one is irrelevant for this application), the marriage certificate of your maternal grandparents, your mother's birth certificate and your birth certificate.

Note that you will only become a British citizen from the date of the registration certificate being issued to you. And any children born to you outside the UK will not benefit from your British citizenship. But children born to you in the UK will automatically be British citizens.

Assuming that you're an Indian citizen, you will lose your Indian citizenship automatically when you become a British citizen.

Thank you for your kind response

Recently I had found a new Section 4L was introduced to create a route to British citizenship where the Home Secretary considers you would have been, or would have been able to become, a British citizen, but for one or more of three specific reasons which are set out in statute and are explained in more detail below. The registration provision was introduced under the Nationality and Borders Act 2022, along with other measures intended to correct historical unfairness in nationality law.is there any chance for me to get British citizenship through this section.

https://www.gov.uk/government/publicati ... accessible

Abd1234 wrote: ↑

Tue Sep 13, 2022 3:34 pm

Thank you for your kind response

Recently I had found a new Section 4L was introduced to create a route to British citizenship where the Home Secretary considers you would have been, or would have been able to become, a British citizen, but for one or more of three specific reasons which are set out in statute and are explained in more detail below. The registration provision was introduced under the Nationality and Borders Act 2022, along with other measures intended to correct historical unfairness in nationality law.is there any chance for me to get British citizenship through this section.

https://www.gov.uk/government/publicati ... accessible

Correct. That was the legislative response to the Romein judgment, incorporating it into law. The form and requirements remain the same.

See also Landmark Supreme Court decision overrules historic gender discrimination in British citizenship

New law significantly expands possibilities for claiming British citizenship through a grandparent

As the gender discrimination is removed now. Which is the best option for me right now to get a British citizenship? Through form UKM or through grandparents.

Abd1234 wrote: ↑

Fri Sep 16, 2022 8:07 am

As the gender discrimination is removed now. Which is the best option for me right now to get a British citizenship? Through form UKM or through grandparents.

You would use Form UKM and submit the evidence of the relevant discrimination (which in your case is the same as I mentioned above) and you would be issued a registration certificate making you a British citizen (after you have taken the citizenship oath).

Thank you and appreciate your reply

A last question regarding my case
While my grandfather was working under British crown service in Singapore my mother was born in India on 1960 does that make her British citizen otherwise than by descent? If so how can I prove it officialy.

Where was your mother born?
If she was born in Singapore in 1960, she'd have been a CUKC otherise than by descent anyway, because she was born in a British Crown Colony.
If she was born outside a British Crown Colony, she'd have been a CUKC by descent anyway.
And in what role did your father work to qualify for Crown Service?
Crown Service nowadays is restricted to diplomatic and military personnel (and certain other designated services, such as the British Council) recruited in the UK who are sent abroad.

My mother was born in India on 1960 where India is also an British colony till 1947, my grandfather worked under British crown service as army depot police from 1954 to 1962 (it was stated in his first British passport issued in singapore)