Right of Abode or British Passport or Indian Passport?

vinny wrote:Was your mother or father settled or British at the time of your birth?

my mother was born here in the UK too and she was british citizen at the time

Mahesh Gowda wrote:

sivks wrote:Thanks Mahesh,
But If I write "Indian" for question 1.8 is it not contradict to the answer given to question 1.3 ( British) ?

Its not contradicting.

Your baby is British by birth, u chose to take indian citizenship so ur baby is dual national.

But you dont have proof that she is British thats the reason u are applying for ROA.

ROA is given to british, who doesn't possess BRITISH PASSPORT.

Thanks Mahesh.

ranji82 wrote:

Mahesh Gowda wrote:

ranji82 wrote:Thanks Vinny and Mahesh. I will be sending an email to Chennai BHS and hope for the best.

I got a question .. If my kid got ROA on his indian passort and once he renew his passport do we need to apply again for ROA or ROA in expired passport will be sufficient ?

Thanks,
Ranjith

You need new ROA ever time you renew passport.

Hi Mahesh,

I sent email to BHS as per your suggestion .. Its been 5 days still waiting for response .. how will it took for you ?? .. can I follow it up?

Thanks,
Ranjith.

Hi Mahesh,

I sent email to BHS as per your suggestion .. Its been 5 days still waiting for response .. how will it took for you ?? .. can I follow it up?

Thanks,
Ranjith.

PLEASE CAN ANYONE HELP ME

sorry to interrupt on this thread!

I was born in the UK in 1995 and I am 20 years old. My mother was a british citizen and my father Indian at the time of my birth and he naturalised in 2001/2 im not quite sure of the date. I want to apply for ROA from within the UK and just not understanding which documents I will need to submit as I am dual national since birth. I know I will need to submit my indian passport and my original full birth certificate alongside my mothers original birth certificate but is there anything else that I should submit? do I have to submit their marriage certificate or my dad's naturalisation certificate aswell? this is the reason as to why I am confused :/


PLEASEEEEE help me out as I am in urgent need of the ROA as I have to travel abroad at the end of July xxxxxx

You are eligible because of your mother.

Basis of application wrote:Applicant was born outside the United Kingdom and the Falkland Islands on or after 1st January 1983, or outside the United Kingdom and any qualifying British overseas territory on or after 21st May 2002, to a parent born in the United Kingdom or the Falkland Islands (or, on/after 21 May 2002, any qualifying British overseas territory) or to a parent registered or naturalised in the United Kingdom prior to the applicant’s birth

Additional documents[/url] which must accompany an application for a [url=http://www.immigrationboards.com/british-citizenship/certificate-of-entitlement-to-the-right-of-abode-t177803.html]certificate of entitlement wrote:(i) Applicant’s full birth certificate showing parents’ details;
(ii)Parents’ marriage certificate (if claiming through father); and
(iii)Parents’ full birth certificate, registration or naturalisation certificate

vinny wrote:You are eligible because of your mother.

Basis of application wrote:Applicant was born outside the United Kingdom and the Falkland Islands on or after 1st January 1983, or outside the United Kingdom and any qualifying British overseas territory on or after 21st May 2002, to a parent born in the United Kingdom or the Falkland Islands (or, on/after 21 May 2002, any qualifying British overseas territory) or to a parent registered or naturalised in the United Kingdom prior to the applicant’s birth

Additional documents[/url] which must accompany an application for a [url=http://www.immigrationboards.com/british-citizenship/certificate-of-entitlement-to-the-right-of-abode-t177803.html]certificate of entitlement wrote:(i) Applicant’s full birth certificate showing parents’ details;
(ii)Parents’ marriage certificate (if claiming through father); and
(iii)Parents’ full birth certificate, registration or naturalisation certificate

thank u Vinny and it seems like my full birth certificate and my mothers one will be enough wont they? xxxxx

sivks wrote:

Mahesh Gowda wrote:

sivks wrote:Thanks Mahesh,
But If I write "Indian" for question 1.8 is it not contradict to the answer given to question 1.3 ( British) ?

Its not contradicting.

Your baby is British by birth, u chose to take indian citizenship so ur baby is dual national.

But you dont have proof that she is British thats the reason u are applying for ROA.

ROA is given to british, who doesn't possess BRITISH PASSPORT.

Thanks Mahesh.

Hi Guys,
Just updating you with my experience when I submitted the application. I too had mentioned British Citizen & Indian Citizen respectively however VFS person asked me to change British Citizen to Indian Citizen since the baby was born in India and had Indian Passport. I had to explain to them ROA is for British Citizen only and how the Baby is British by Birth.They were not convienced and I did not oblige and ensured it remained as BC but they asked me to write a letter to High Commissioner about the discussion between us (VFS & Me) on this issue and enclose with the rest of the documents.
Regards

Hi Guys,

Its been 2 weeks since I emailed Chennai BHC about rejection of my kids ROA application.. still awaiting for reply .. In the mean time Do I have any other options to bring my kid to UK apart from ROA and British Passport ..

My situation in brief :

1) I am British Citizen via naturalisation and my wife is on dependent visa valid till October 2016
2) My kid born in India after I got my citizenship so applied for his ROA and got rejected twice.

Thanks,
Ranjith

ranji82 wrote:Hi Guys,

Its been 2 weeks since I emailed Chennai BHC about rejection of my kids ROA application.. still awaiting for reply .. In the mean time Do I have any other options to bring my kid to UK apart from ROA and British Passport ..

My situation in brief :

1) I am British Citizen via naturalisation and my wife is on dependent visa valid till October 2016
2) My kid born in India after I got my citizenship so applied for his ROA and got rejected twice.

Thanks,
Ranjith

Hello Ranjith
In my case they replied on same day.

My question to you
To whom you send email (which email address)
What did you ask them?

Family Visitor visa, but cannot be changed here.

I suggest wait for them to reply

Mahesh Gowda wrote:

ranji82 wrote:Hi Guys,

Its been 2 weeks since I emailed Chennai BHC about rejection of my kids ROA application.. still awaiting for reply .. In the mean time Do I have any other options to bring my kid to UK apart from ROA and British Passport ..

My situation in brief :

1) I am British Citizen via naturalisation and my wife is on dependent visa valid till October 2016
2) My kid born in India after I got my citizenship so applied for his ROA and got rejected twice.

Thanks,
Ranjith

Hello Ranjith
In my case they replied on same day.

My question to you
To whom you send email (which email address)
What did you ask them?

Family Visitor visa, but cannot be changed here.

I suggest wait for them to reply

Hi Mahesh,

Thanks for the reply. I send it to chennai.visaenquiry@fco.gov.uk

I asked same questions as per your suggestion like

Queries
======
1. Does Avijith need any VISA to travel to UK ?.

2. Should I apply for Right of Abode (ROA) or Certificate of Entitlement for our son Avijith Kottapalli.

Can I apply for british passport once he is here on Family Visitor visa?

Thanks,
Mahesh.

Oh. Did you state your circumstances and the legislation, as mpemma did?

Hi Vinny,

Thanks for the reply. I just raised a query with Chennai BHS to take their opinion on the ROA for my son as suggested by Mahesh.
But its been more than 2 weeks still haven't heard from them. I am planning to send one more email as mpemma did.

Thanks,
Ranjith.

ranji82 wrote:Hi Vinny,

Thanks for the reply. I just raised a query with Chennai BHS to take their opinion on the ROA for my son as suggested by Mahesh.
But its been more than 2 weeks still haven't heard from them. I am planning to send one more email as mpemma did.

Thanks,
Ranjith.

Hello Ranjith

I suggest send them follow up email wait for reply.

If you get a positive reply (which you should) then add as per mpemma enail and ask why they have rejected and request to reconsider.

I hope they should overturn the decision.

Be positive, my wife and sons visa was rejected in 2010. After my constant pursuance by email. They overturned decision and granted visa (this was not for ROA)

Hi Mahesh/ Vinny,

Thanks for the reply. I just found this information in the Gov.uk website

https://www.gov.uk/right-of-abode/commonwealth-citizens

Parents
You have right of abode if all the following apply:

1) one of your parents was born in the UK and a citizen of the United Kingdom and colonies when you were born or adopted
2) you were a Commonwealth citizen on 31 December 1982
3) you didn’t stop being a Commonwealth citizen (even temporarily) at any point after 31 December 1982

I think they refused my kids visa as I am not born in UK even though I am citizen when he is born .. I am confused now .. Is my kid eligible for ROA?

[/img]

ranji82 wrote:Hi Mahesh/ Vinny,

Thanks for the reply. I just found this information in the Gov.uk website

https://www.gov.uk/right-of-abode/commonwealth-citizens

Parents
You have right of abode if all the following apply:

1) one of your parents was born in the UK and a citizen of the United Kingdom and colonies when you were born or adopted
2) you were a Commonwealth citizen on 31 December 1982
3) you didn’t stop being a Commonwealth citizen (even temporarily) at any point after 31 December 1982

I think they refused my kids visa as I am not born in UK even though I am citizen when he is born .. I am confused now .. Is my kid eligible for ROA?

a.Firstly i think your kid is eligible for ROA bcoz baby is british by descent.
Check if you're a British citizen
https://www.gov.uk/check-british-citize ... 983/no/yes
A British citizen by descent is a person born outside the UK and is acquired if one or both parents are British citizens. This means that you cannot automatically pass on British citizenship to any child who is born abroad).

b. Did you read mpemma email?
c. Dont get confused, sort it out one by one, i know how you feel but deal the situation calm.

1. Follow up email, wait for reply
2. Read Thoroughly mpemma email, Vinnys ROA post and prepare yourself to strengthen your case.
3. its your kids RIGHT to have ROA

Regards
Mahesh

Hi Ranji,
My name is Harry .I am also in the same situation .I have applied ROA From India in Dec 2014 .Straight away got Rejected.
What Rejection letter says : Have they mentioned to Apply for ROA Either of Parent should be a UK Born Citizen .
I have appealed against the decision ,but hearing will take place in 2 months .

Please give update what is the reason for Rejection.

Thanks,
Harry

In summary, there are two parts.

A) Show that a person has the right of abode.
B) Show that a person with the right of abode may apply for a Certificate of Entitlement for the Right of Abode.

Both parts are trivial for British citizens. Some people are automatically British citizens.

A) 2(1) defines the groups of people who automatically have the right of abode. The groups consist of:

(all) British citizens (2(1)(a)) or
(some) Commonwealth citizens (2(1)(b)).

B) 6 determines who may be issued with a Certificate of Entitlement to the Right of Abode.

6(a) states that a Certificate of Entitlement to the Right of Abode may be issued to someone who has the Right of Abode.
6(b) states that a Certificate of Entitlement to the Right of Abode may not be issued to someone who already holds certain documents.
6(c) states that a Certificate of Entitlement to the Right of Abode may not be issued to a Commonwealth citizen whose right of abode has been restricted.
6(d) states that a Certificate of Entitlement to the Right of Abode may not be issued to a Commonwealth citizen who has been deprived of his right of abode.

For a British citizen, only 6(a) and 6(b) are relevant.

lappi831 wrote:Hi Ranji,
My name is Harry .I am also in the same situation .I have applied ROA From India in Dec 2014 .Straight away got Rejected.
What Rejection letter says : Have they mentioned to Apply for ROA Either of Parent should be a UK Born Citizen .
I have appealed against the decision ,but hearing will take place in 2 months .

Please give update what is the reason for Rejection.

Thanks,
Harry

Hi Harry,

Thanks for the message. the same reason given to me as well even though its not that clear

Exact Reason is :

"Father obtained British Citizenship by registration under Section 6(1) i.e. Naturalisation which does not entitle kid to Right of Abode in the UK."

I did n't even had option to appeal and it seems request to reconsider application is only available in UK .. is there any other way of requesting them to reconsider apart from sending an email.

Thanks,
Ranjith.

vinny wrote:In summary, there are two parts.

A) Show that a person has the right of abode.
B) Show that a person with the right of abode may apply for a Certificate of Entitlement for the Right of Abode.

Both parts are trivial for British citizens. Some people are automatically British citizens.

A) 2(1) defines the groups of people who automatically have the right of abode. The groups consist of:

(all) British citizens (2(1)(a)) or
(some) Commonwealth citizens (2(1)(b)).

B) 6 determines who may be issued with a Certificate of Entitlement to the Right of Abode.

6(a) states that a Certificate of Entitlement to the Right of Abode may be issued to someone who has the Right of Abode.
6(b) states that a Certificate of Entitlement to the Right of Abode may not be issued to someone who already holds certain documents.
6(c) states that a Certificate of Entitlement to the Right of Abode may not be issued to a Commonwealth citizen whose right of abode has been restricted.
6(d) states that a Certificate of Entitlement to the Right of Abode may not be issued to a Commonwealth citizen who has been deprived of his right of abode.

For a British citizen, only 6(a) and 6(b) are relevant.

Hi Vinny,

Thanks for the info. The main reason for rejection for me is they are not considering applicants as British Citizens in first place .. they are treating them as common wealth country citizens and then considering the way parent/parents obtained their British citizenship.

I might have asked this question .. is there any other options available to bring my kid to UK apart from applying british passport of course .. Do you know how to request for reconsideration for ROA from india ?

Thanks,
Ranjith

ranji82 wrote:

vinny wrote:In summary, there are two parts.

A) Show that a person has the right of abode.
B) Show that a person with the right of abode may apply for a Certificate of Entitlement for the Right of Abode.

Both parts are trivial for British citizens. Some people are automatically British citizens.

A) 2(1) defines the groups of people who automatically have the right of abode. The groups consist of:

(all) British citizens (2(1)(a)) or
(some) Commonwealth citizens (2(1)(b)).

B) 6 determines who may be issued with a Certificate of Entitlement to the Right of Abode.

6(a) states that a Certificate of Entitlement to the Right of Abode may be issued to someone who has the Right of Abode.
6(b) states that a Certificate of Entitlement to the Right of Abode may not be issued to someone who already holds certain documents.
6(c) states that a Certificate of Entitlement to the Right of Abode may not be issued to a Commonwealth citizen whose right of abode has been restricted.
6(d) states that a Certificate of Entitlement to the Right of Abode may not be issued to a Commonwealth citizen who has been deprived of his right of abode.

For a British citizen, only 6(a) and 6(b) are relevant.

Hi Vinny,

Thanks for the info. The main reason for rejection for me is they are not considering applicants as British Citizens in first place .. they are treating them as common wealth country citizens and then considering the way parent/parents obtained their British citizenship.

I might have asked this question .. is there any other options available to bring my kid to UK apart from applying british passport of course .. Do you know how to request for reconsideration for ROA from india ?

Thanks,
Ranjith

one more thing , I am sending emails to chennai bhs at the below address is this right one

Chennai.visaenquiry@fco.gov.uk

ranji82 wrote:Exact Reason is :

"Father obtained British Citizenship by registration under Section 6(1) i.e. Naturalisation which does not entitle kid to Right of Abode in the UK."

Whatever gave them that idea? It's unsupportable by the legislation.

ranji82 wrote:Thanks for the info. The main reason for rejection for me is they are not considering applicants as British Citizens in first place .. they are treating them as common wealth country citizens and then considering the way parent/parents obtained their British citizenship.

That's another reason for their error. They were considering the wrong criteria. Being a Commonwealth citizen is irrelevant, if the person is also a British citizen. Being a British citizen is sufficient for a person to have a right of abode as defined in 6(a) and 2(1).

Logically,

vinny wrote:6(a) is true, if 2(1) is true.
2(1) is true, if 2(1)(a) or 2(1)(b) is true.
2(1)(a) is true, if the applicant is British (*).

Vinny,

Its really surprising they are doing it to almost every body ...
Can you please confirm the email address i am using is the right one?

Thanks,
Ranjith.

Perhaps mpemma can confirm?

Try contacting Sir James David Bevan KCMG, British High Commissioner to India. He may be able to help and pass on your messages to the right people.

I could n't get his email address .. any one else can confirm the same please??