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Can we apply for Right of abode for baby born in India

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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mpemma
Newly Registered
Posts: 14
Joined: Mon Apr 23, 2012 3:12 pm

Re: Right of abode refusal - decision Overturned

Post by mpemma » Thu May 14, 2015 8:19 am

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.
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lappi831
Newbie
Posts: 35
Joined: Sun Dec 14, 2014 2:13 am

Re: Right of abode refusal - decision Overturned

Post by lappi831 » Thu May 14, 2015 11:08 pm

Hi Manasa,
It s good thing that the decision was overturned.I just wanted to know ,is your child was born in India or UK .

Please confirm so that iam also in same situation .

Thanks,
Harry
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vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Can we apply for Right of abode for baby born in India

Post by vinny » Fri May 15, 2015 12:10 am

mpemma wrote:Hi all,

We are expecting a baby early next week.

We need some inputs on the below situation:
- Father is a British citizen acquired by Naturalisation in dec 2014
- Mother is on ILR since sep 2014, and is in India for delivery

Can we apply for Right of Abode for the baby born in India ?

Thanks
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.
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vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Right of abode refusal - decision Overturned

Post by vinny » Fri May 15, 2015 12:17 am

lappi83 wrote: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
Looks like the same situation to me.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.
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movingwonder
Newly Registered
Posts: 10
Joined: Tue Jul 07, 2015 9:08 am

Re: Right of abode refusal - decision Overturned

Post by movingwonder » Sun Jul 12, 2015 1:31 pm

dear manasa,

please provide the address and format at which you have sent the letter to?
I have appealed against the decision an still waiting.

Your help on this is much appreciated.

regards,
rajesh
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lappi831
Newbie
Posts: 35
Joined: Sun Dec 14, 2014 2:13 am

Re: Right of abode refusal - decision Overturned

Post by lappi831 » Sun Jul 12, 2015 9:21 pm

Hi ,
Iam also in the same situation .My daughter was born in India 2014 .I was naturalised in 2012 .
They rejected my daughter file in Dec 2014 .I have appealed .I got a letter from Judge that my application main documents are
missing from Chennai so he cant take any decision & has sent a letter to ECM Chennai for further documents.
They have rejected stating that my daughter is a common wealth citizen ,ROA for a common wealth citizen can be given
on one of parents should be Citizen of UK by Birth not Naturalised .

As per vinny expertise iam still waiting for an outcome .

Thanks,
Harry
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vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Right of abode refusal - decision Overturned

Post by vinny » Sun Jul 12, 2015 9:35 pm

They neglected to consider that child is British.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.
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lappi831
Newbie
Posts: 35
Joined: Sun Dec 14, 2014 2:13 am

Re: Right of abode refusal - decision Overturned

Post by lappi831 » Sun Jul 12, 2015 10:58 pm

Hi Vinny,
Iam planning to apply for fresh application .Is it worth waiting for couple of months.

Thanks,
Harry
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vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Right of abode refusal - decision Overturned

Post by vinny » Mon Jul 13, 2015 5:21 am

All that the judge needs to consider is that your child is British without a British passport. It should be trivial.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.
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rambo123
Newly Registered
Posts: 17
Joined: Mon Nov 02, 2015 10:53 pm

Re: Right of abode refusal - decision Overturned

Post by rambo123 » Wed Nov 11, 2015 11:55 am

Hi Manasa,

Could you please share email you sent to British high commission chennai appealing their decision?

Many Thanks,
-Ramesh
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.
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amit13yogi
Newly Registered
Posts: 7
Joined: Sun May 10, 2015 7:54 pm

Re: Right of abode refusal - decision Overturned

Post by amit13yogi » Tue Feb 23, 2016 8:12 am

This post has confused me further. I was in dilemma as to should I go for ROA or British passport but it looks like British passport will be safer. Reason I thought to apply for ROA was that heard it was much quicker.

Btw I got British passport in 2014 via naturalization and my wife has ILR. Baby die in few weeks. Please can some one guide me why people are choosing ROA in particular and if anyone has vfs Kolkata email or telephone number as couldn't find anywhere?

Thanks
Amit
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NS16
Newly Registered
Posts: 10
Joined: Sat Aug 13, 2016 10:35 am

Re: Right of abode refusal - decision Overturned

Post by NS16 » Wed Nov 23, 2016 5:27 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.

==============================================================================


Hi Manasa/Vinny,

Can you please help me by letting me know E-mail address of British High Commission address you have used to raise your concern. I am in a similar situation where my UK born daughters ROA application has been refused. When my daughter was born I was on ILR.

I applied for ROA for my daughter from India but ECO ignored the fact that my daughter was UK Born ad refused ROA under Scetion 2(1)(b) stating that me - her father was not a British Citizen.

I kindly request to share E_mail address used to raise your concern, which I would use to raise my daughters case.

Awaiting your reply.


-NS
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