Right of Abode

lappi83 · Post by **lappi83** » Sun May 18, 2014 7:31 pm

Hi Guys,
I need to know information about Right of abode to apply from VFS India :
Father : British thru naturalization in UK
Mother : Indian Passport with ILR in UK
Baby born in India with Indian passport
my questions are :
1. Can we apply for Right of abode /COE For baby in India on Indian passport ?
2. If yes then which form to use & mandatory documents are required ?
3. Father is in India only
4.How long it will take to get the ROA in India?

Thanks ,
Lappi

Post by **vinny** » Thu May 22, 2014 3:57 am

1. Yes.
2. Online.

lappi83 · Post by **lappi83** » Thu May 22, 2014 6:55 pm

Hi ,
Thanks for your reply. I have one question on the attachment .This is the online form for Right of Abode from India,
My question is How my bay qualifies for Right of abode i mean which one to tick in this attachment.

Regards,
Harry

lappi83 · Post by **lappi83** » Sun May 25, 2014 9:25 am

Hi Guys,
I need to know information about Right of abode to apply from VFS India :
Father : British thru naturalization in UK
Mother : Indian Passport with ILR in UK
Baby born in India with Indian passport
In the Online form for Right of abode which one to tick for the above details :
here is the attachment :

Regards,
Lappi

Post by **CR001** » Sun May 25, 2014 10:06 am

If the baby was born AFTER you were naturalised, then the baby is British by Descent and can apply for a British Passport.

If you prefer to apply for ROA, then it is point 5 :

* Father or mother born, registered, naturalised or adopted in the UK before your birth, which occurred outside the UK on or aftre 01 Jan 1983

If the baby was born BEFORE you were naturalised (as your post is not clear), then baby will need a visa.

lappi83 · Post by **lappi83** » Sun May 25, 2014 5:00 pm

Hi ,
I was naturalised in Dec 2012 .Bay born in India in April 2014 .As you stated to tick the point :5 which is
Father or mother born, registered, naturalised or adopted in the UK before your birth, which occurred outside the UK on or afer 01 Jan 1983 .
What does this mean outside the UK u mean my child birth or my naturalisation .
My Naturalisation was in UK .

Please confirm this .

Thanks ,
Lappi

lappi83 · Post by **lappi83** » Sun May 25, 2014 5:01 pm

lappi83 wrote:Hi ,
"I was naturalised in Dec 2012 .Bay born in India in April 2014 .As you stated to tick the point :5 which is
Father or mother born, registered, naturalised or adopted in the UK before your birth, which occurred outside the UK on or afer 01 Jan 1983 .
What does this mean outside the UK u mean my child birth or my naturalisation .
My Naturalisation was in UK ."

Please confirm this .

Thanks ,
Lappi

Post by **CR001** » Sun May 25, 2014 5:52 pm

It means

before your birth, which occurred outside the UK

The 'your' referring to the applicant not the parent.

lappi83 · Post by **lappi83** » Sun May 25, 2014 6:00 pm

[quote="CR001"]" So you mean we are eligible to apply for my child ROA on Indian Passport without applying british passport.
We apply ROA using online form by click point : 5 on the form .
How long it will take to get ROA in India .

Thanks,
Lappi "

lappi83 · Post by **lappi83** » Sun May 25, 2014 6:02 pm

[quote="lappi83"][quote="CR001"]" One more question which occurred outside the UK on or after 01 Jan 1983 what is this mean
I am thinking the child/applicanyts birth occured is that right ?
Thanks,
Lappi "

Post by **CR001** » Sun May 25, 2014 9:31 pm

lappi83 wrote:
lappi83 wrote:
CR001 wrote:" One more question which occurred outside the UK on or after 01 Jan 1983 what is this mean
I am thinking the child/applicanyts birth occured is that right ?
Thanks,
Lappi "

Yes it is the child/applicants birth.

If you apply directly for a British passport, you don't apply for ROA. I am not sure how long ROA applications take but I am sure there is a timeline if you search.

sagareva · Post by **sagareva** » Sun May 25, 2014 10:51 pm

I am not even sure why would you consider applying fro ROA for your child, or why should it be granted

your child is effectively British by descent, it is an entitlement

can one even get ROA if they are already British, albeit by descent?

you should apply for a British passport for your child IMHO

Post by **CR001** » Sun May 25, 2014 11:26 pm

sagareva wrote:can one even get ROA if they are already British, albeit by descent?

Yes, because perhaps the parents want to retain Indian citizenship for the time being so ROA is the applicable application.

lappi831 · Post by **lappi831** » Sun Dec 14, 2014 2:28 am

Hi Guys,
I wanted to know Right of abode from India .
We applied for ROA Application from India for my daughter & got rejected .
My Daughter is having Indian Passport .
Father is Naturalised British before the baby is born ,Mother is on ILR .
Baby is born in india .We applied Last week for ROA From Bangalore ,India got Rejected.

Reason specified by the Officer is :
Commonwealth Citizens with a parent who,at the time of the persons birth or adoption was a Citizen of the UK & Colonies by
birth in the UK .
It means that as a Father iam naturalised citizen but not born in UK .

Is that right as in the forums i saw people who got ROA From India with same status of mine.

Please advice .

Thanks ,
Harry

Post by **vinny** » Sun Dec 14, 2014 2:37 am

Another incorrect rejection!

However, did they know that you were naturalised before your child's birth?
Did you fill in the form as CR001 had advised?

If you did, then I wish the the ECO was better trained.

Ask for a reconsideration. If necessary, appeal within the time limit. If necessary, supply additional evidence that you were naturalised before child's birth. The refusal should be overturned.

lappi831 · Post by **lappi831** » Sun Dec 14, 2014 4:12 am

Hi ,
What is CR001 Form .Also ECO Has written that He says it is rejected on Section 10 Immigration Act 2002.
I have submitted Naturalisation Original & also ECO Knows I have Naturalised before my child is born .

Are there any rules changed in 2002 as he has given according to Act 2002 .

Please advice.

Thanks ,
Harry

Post by **vinny** » Sun Dec 14, 2014 4:45 am

CR001 was referring to the online form.

Your child is automatically British.

I believe Section 2(1)(a) remains true. Therefore, Section 6(a) is satisfied. Therefore, 6 is satisfied, subject to 6(b) and (c) and (d) (as amended) being true.

Section 10 confers the powers of The Immigration (Certificate of Entitlement to Right of Abode in the United Kingdom) Regulations 2006 (as amended).

Therefore, it's incomprehensible that the ECO rejected the application on the basis of Section 10.

Moon_Khan · Post by **Moon_Khan** » Sun Dec 14, 2014 10:47 pm

lappi831 wrote:Hi Guys,
I wanted to know Right of abode from India .
We applied for ROA Application from India for my daughter & got rejected .
My Daughter is having Indian Passport .
Father is Naturalised British before the baby is born ,Mother is on ILR .
Baby is born in india .We applied Last week for ROA From Bangalore ,India got Rejected.

Reason specified by the Officer is :
Commonwealth Citizens with a parent who,at the time of the persons birth or adoption was a Citizen of the UK & Colonies by
birth in the UK .
It means that as a Father iam naturalised citizen but not born in UK .

Is that right as in the forums i saw people who got ROA From India with same status of mine.

Please advice .

Thanks ,
Harry

Hi lappi831,

Sorry to hear about your daughter ROA rejection,
I also applied for my daughter from pakistan at 17 November 2014 and still waiting,how long your daughter application taken?

Regards

lappi831 · Post by **lappi831** » Mon Dec 15, 2014 2:20 am

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

lappi831 · Post by **lappi831** » Mon Dec 15, 2014 2:32 am

Hi Vinny,
Thanks for your response .The ECO Rejected on the basis of Nationality, Immigration and Asylum Act 2002 page no.41 &
the link to this is http://www.legislation.gov.uk/ukpga/2002/41.

Do you think the Rejection was wrong as she is birth by descent ,If so what next plan of action i need to do .

Please advice.

Thanks,
Harry

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

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