Right of Abode

Moon_Khan · Post by **Moon_Khan** » Mon Dec 15, 2014 8:37 am

lappi831 wrote:Hi Khan,
I got the result in 5 working days .

Hi lappi831,

Thanks for reply and best of luck with your daughter ROA.

Regards

Post by **vinny** » Tue Dec 16, 2014 12:24 am

The ECO was wrong, as I have tried to explain above.

An important point here is that child is British.

I have made my analysis into a sticky, as a few posters seem to have similar problems.

Post by **vinny** » Mon Dec 22, 2014 2:08 am

lappi831 wrote:Hi Guys,
Just wanted to know :
On what basis we can apply Right of abode for a child born in India to a British Parents if so what documents are necessary ?

Regards,
Harry

Post by **vinny** » Mon Dec 22, 2014 2:09 am

On the basis that your child is British (by descent) and child hasn't got a British passport, etc.

Apply from outside the UK wrote:You must send the correct supporting documents with your application.

Guide to supporting documents wrote:The type of documentation that you should consider submitting will depend upon the basis of your claim to the right of abode. Full details are available in the Immigration (Certificate of Entitlement to Right of Abode in the United Kingdom) Regulations 2006.

Immigration (Certificate of Entitlement to Right of Abode in the United Kingdom) Regulations 2006 wrote:
Regulation 4 wrote:(c)the additional documents which are specified in the right-hand column of the Schedule in respect of an application of a description specified in the corresponding entry in the left-hand column.
Additional documents which must accompany an application for a certificate of entitlement

...
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

(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

lappi831 · Post by **lappi831** » Mon Dec 22, 2014 2:37 am

Hi vinny,
Thanks for your information.From the above schedule documents , I have submitted all these .
Can I go for appeal as it is clear that child is British by descent so she can get ROA on Indian passport.

One more thing :
Do you see any one who posted this ROA application from India & got there visa of the same case,
As I can't see in the forum from India ,some people got it from Pakistan etc .

Thanks,
Harry

Post by **vinny** » Mon Dec 22, 2014 3:28 am

Do appeal. Quote the Legislation.

I believe that chakarj was successful.

However, it shouldn't matter where an application was made from.

lappi831 · Post by **lappi831** » Mon Dec 29, 2014 3:40 am

Hi Vinny ,
As quoted about the Legislation document 2006 i have submitted the same additional Documents .
My question is in that document there is one point that to be eligible for Certificate of Entitlement/ROA
What does this point mean :
(a) has a right of abode in the united kingdom under section 2(1) of the 1971 Act(5).
We need to satisfy this above condition with the additional documents .
Please explain what does this mean ?

Thanks & Regards,
Harry

Post by **vinny** » Mon Dec 29, 2014 3:55 am

British citizens do not have to worry about 6(a).

All British citizens automatically have the right of abode under section 2(1) of the 1971 Act, by definition of 2(1).

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 (*).

hemachandra · Post by **hemachandra** » Tue Feb 10, 2015 5:03 am

Hi Lappi,

Hope you are well.
Where you successfull with the appeal for your child for ROA?

regards,
Hemachandra

lappi831 · Post by **lappi831** » Thu Feb 12, 2015 10:48 pm

Hi Vinny,
In my case lawyers say we cant get Right of abode as one of the parent should be Born in the UK not Naturalised.
Please find out & let me know .I made an appeal it may take couple of months.

Regards,
Harry

Post by **vinny** » Fri May 15, 2015 1:19 am

Another success.

lappi831 · Post by **lappi831** » Fri May 15, 2015 4:09 pm

Hi Vinny ,
Thanks for your help .I understood , we are eligible but ECO Rejected .Our appeal is in process ,Probably hearing date in 2 months .
One more question :
Can we send a mail to ECO About the legislation or do we need to wait until the appeal is over .

Thanks,
Harry

Post by **vinny** » Fri May 15, 2015 9:03 pm

mpemma wrote:Hi all,

Iam glad to inform you all that my daughter's refusal to right of abode has been overturned by British high commission chennai.

I have sent an email to British high commission chennai stating that my daughter isBritish by descent and she is eligible to right of abode stating the legislation laws that Vinny has kindly referred.

Within two weeks I received an email from chennai visa tht an error has been made by ECO in my daughter's applicatioN and decision has been overturned.
they requested us to send the passport back to complete the formalities.
i approached vfs hyderabad to get the formalities done.
i have received the passpprt back from vfs yesterday with the Right of Abode stamp on it.

Thanks to all the moderators who helped us to get right of abode for my daughter.

Regards,
Manasa.

ranji82 · Post by **ranji82** » Thu Jun 04, 2015 2:46 pm

Hi Guys,

I got British Citizen Ship via Naturalisation and My baby born in india after my naturalisation.

I applied for Right of Abode for My Kid .. Its got rejected 2 times .. First time they can't see the My Original Naturalization Certificate I provided along with the application.

Second time they rejected stating

" I accepted that you have now submitted your father's certificate of naturalisation. How ever, I note that he had obtained his British Citizenship by registration under Section 6(1) which does not entitle you to Right of Abode in the UK. I draw your attention to the following link. which details eligibility for a right of abode in the UK.

https://www.gov.uk/government/uploads/s ... _57_v4.pdf

There fore your application is refused in accordance with section 2(1) of the 1971 Act "

Please can you advice .. Are they right rejecting my kids application?

Thanks,
Ranjith.

ranji82 · Post by **ranji82** » Thu Jun 04, 2015 4:45 pm

lappi831 wrote:Hi Vinny ,
Thanks for your help .I understood , we are eligible but ECO Rejected .Our appeal is in process ,Probably hearing date in 2 months .
One more question :
Can we send a mail to ECO About the legislation or do we need to wait until the appeal is over .

Thanks,
Harry

Hi Lappi831,

I am in similar situation .. My kids application got rejected twice .. what is the process to appeal ..can you please provide me more details.

Thanks,
Ranjith

Post by **vinny** » Fri Jun 05, 2015 1:17 am

Unfortunately, if you applied on or after 6th April 2015, they have also removed Rights of appeal, and surprisingly, there's no AR option, in this category!

Post by **vinny** » Sat Oct 10, 2015 9:40 pm

lappi831's Appeal successful, as predicted.

Post by **vinny** » Sat Oct 10, 2015 11:19 pm

lappi831 wrote:Hi Vinny,
I need some information.You know about my application for my daughter applied in Dec 2014.
Applied against the decision in January 2015 .
Today got from judge it is successful .

Congratulations! I had no doubts that the appeal would be successful.

Can you post the Judge's determination in your topic?

lappi831 wrote:I need to know do we get a letter from Chennai to submit my daughters passport.

But what has happened is we have submitted one more application for ROA from Bangalore it was rejected
last month but not went for administrative review .
Does this affect our previous appeal .

You were right that she was eligible from first.

Thanks,
Hareesh

See also Appeal procedure for Post.

When your daughter made a new application, there was no requirement to withdraw her appeal. So, (their rejection of) a new application should not affect the determination of the appeal, unless they successfully challenge it or her circumstances has changed such that they cannot issue the CoE-RoA (eg she obtained a British passport).

lappi831 · Post by **lappi831** » Sun Oct 11, 2015 10:54 pm

Hi Vinny,
Thanks for your reply.
Here is the decision the Judge gave :

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 21st May 2002, any qualifying British overseas territory) or to a parent registered or naturalised in the United Kingdom prior to the applicant’s birth
Based on this Guide ROA - Legislation 2006 you get ROA
Also
I want to know more information.Once we get ROA which is valid for 5 yrs in case of chuld passport.
Can we get ROA when the child become adult passport which is valid for 10 yrs at the age of 15 yrs .

Thanks,
Harry

Post by **vinny** » Sun Oct 11, 2015 11:53 pm

A CoE-RoA is valid for the duration of the passport, unless cancelled.

lappi831 · Post by **lappi831** » Tue Nov 03, 2015 8:22 pm

Hi Vinny,
As you know we have won the appeal & waiting to get a letter from ECO Chennai.
I wanted to know who can give more information thru mail /phone no as i have spoken to tribunal they said
ECO Chennai has not made anything against the appeal which was allowed by judge.
How long i need to wait ?It is already 5 weeks over.
VFS Bangalore /BHC Chennai will contact us?

Please let me know .

Thanks,
Harry

Post by **vinny** » Tue Nov 03, 2015 8:28 pm

vinny wrote:See also Appeal procedure for Post.

They should comply within 8 weeks.

lappi831 · Post by **lappi831** » Sun Nov 29, 2015 4:46 pm

Hi Vinny,
Finally we got ROA for our daughter .Your guidance was outstanding.I have consulted more than 13 lawyers even today they say she is not eligible for ROA .Thanks for your help in giving confidence.
Because of ECO/ECM mistake it took 1yr to get ROA.

Just wanted to know some information on the Visa they have mentioned Obsrv as section 2(1)(a) it means
she is british citizen ,right .If we apply when on new passport after the expiry of old passport ,we still get
ROA as long as we keep Indian passport .

Thanks,
Harry

lynxukauq · Post by **lynxukauq** » Sun Nov 29, 2015 5:32 pm

lappi831 wrote:Hi Vinny,
Just wanted to know some information on the Visa they have mentioned Obsrv as section 2(1)(a) it means
she is british citizen ,right .If we apply when on new passport after the expiry of old passport ,we still get
ROA as long as we keep Indian passport .

Thanks,
Harry

Hi,
Section 2(1)(a) simply is pointing to the correct law under which you got the ROA. All British citizen have ROA.
Unfortunately ROA expires with the passport so if you get a new passport you will have to get new ROA sticker on the new passport.
Congratulations on getting ROA

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