Is Right of Abode settlement or non-settlement?

Just trying to find processing times, can someone please guide me if Right of Abode falls under settlement or non-settlement?

It's neither

Right of Abode applies only to British citizens since 1983. And British citizens can not get a visa to the UK.

Right of Abode is a stamp in a non-British passport to signify that they have the right to enter the UK at any time as a citizen.

Thanks.

Any idea how do I check processing times and service standards for right of abode?

The Home Office advises a wait time of about 16 weeks. People posting on these forums (there are two timelines threads that you can search for) indicate that it is between 6 months to a year.

Remember that if the person is a British citizen, s/he can not apply for a visa to come to the UK. The Home Office will have to deny that application as a British citizen does not need a visa to come to the UK.

I think what you have mentioned is timings when application is made within the UK.

Going through forum it seems that it's much quicker (~15-20 working days) from India.

But unfortunately I can't find and published processing times or service standards for this specific application type.

I just want to give u an update to all .My daughter Right of abode rejected again today .
ECO says after consideration the Laws from Immigration act 1971 have changed on 1st January 1983 .
I mean child can be eligible if Mother or father is a Citizen of UK and Colonies (CUCK) by birth .
If we are naturalised then you dont get
Here is the updated sheet .

Thanks,
Hareesh

Lappi831, the case worker who sent that note was wrong in law.

See this thread and repost your post in that thread to follow up on that specific issue.

Hi Simon,
Thanks for your update .You think this rejection is not right .As we dont have appeal rights now
only Administrative review .
My question is :
1. If we apply for admin review how long it will take ?
2. During admin review if it takes longer than 3 months can i apply for British passport

This is due to my first rejection appeal is still pending since 8 months .

How come Immigration officer have no knowledge in India regarding Right of abode ?

Thanks,
Harry

Where did you applied from and how long does it took them to reject?

I applied in Delhi over 5 weeks ago and still awaiting to hear back from them.

I think an administrative review would suffice in your situation, but I do not know how long it would take.

lappi831 wrote:How come Immigration officer have no knowledge in India regarding Right of abode ?

RoA requires a person to have multiple citizenships and to never have held a British passport before. That combination is quite rare, especially in countries like India, that do not allow dual citizenships.

The only people in India who qualify for RoA are children born with dual citizenships and who have never had a British passport. I am sure that that is a very small number indeed.

Applications from 6th April 2015:

Application to reconsider a decision for a certificate of entitlement to the right of abode wrote:There is no legal right of appeal or review of a right of abode decision, but if you believe it is incorrect, you can apply for it to be reconsidered by completing the enclosed Form RROA. A fee of £80.00 is payable for reconsideration and should accompany your application.

sun4u_m wrote:Where did you applied from and how long does it took them to reject?

I applied in Delhi over 5 weeks ago and still awaiting to hear back from them.

Hi ,
I applied on Sep 3rd in bangalore ,rejected on 7th Sep in chennai ,got papers on 14th thru VFS .
This is the second time i applied .On what basis have you applied?
My application is :
daughter born in India
I was naturalised before my daughter was born & my wife is on ILR .
We applied on the above basis .
-> First rejection was in Dec 2014 stating Immigration Act 2002
-> Second rejection they are saying she is not eligible bcoz of GRANDPARENTS.

Second time i went thru Solicitor but no luck.

Thanks,
Hareesh

Hi Simon,
Thanks for your comments .I have already gone thru the documents etc
They dont charge £80 Administrative review fees for Overseas applications.
Do you think my daughter is eligible .I was always watching vinny comments it made me confident .
This time i went thru uk top solicitor still rejected .
They say we cant provide any documents now in administrative review.
This is my second rejection.
Last year we got rejected in Dec 2014 stating the Immigration act 2002 .
Till now case is pending not even allocated to judge.

My case is :
Father - Born in india naturalised British citizen in 2012
Wife - Born in India holding Indian citizenship with ILR From 2011
Daughter - Born in India took in 2014 having Indian passport applied for ROA

Please advise she is eligible as per my knowledge .

Thanks,
Harry

lappi831 wrote:I just want to give u an update to all .My daughter Right of abode rejected again today .
ECO says after consideration the Laws from Immigration act 1971 have changed on 1st January 1983 .
I mean child can be eligible if Mother or father is a Citizen of UK and Colonies (CUCK) by birth .
If we are naturalised then you dont get
Here is the updated sheet .

Thanks,
Hareesh

The updated sheet you attached was incomplete.
The legislation gives a more complete list.

4. ROA4 Basis of a person’s claim to right of abode wrote:The 1971 Act was amended when the British Nationality Act 1981 came into effect on 1 January 1983. Under the revised section 2(1), the following people have the right of abode in the UK:

Section 2(1)(a) - British citizens
Section 2(1)(b) - Commonwealth citizens who had ROA before 1 Jan 1983, provided they had not ceased to be a Commonwealth citizen at any time

lappi831 wrote:On what basis have you applied?

I applied on the basis of section 3.6 (Hague Convention adoption) mentioned in following guide:

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

Its now 5 weeks, I have heard nothing from BHC or UKVI.

I would presume that adoption applications would take longer for the High Commission to look into, as the adoption documents would need to be verified more thoroughly (as compared to a birth certificate).

The above is an opinion and not a statement of fact or certain knowledge.

Got it today. Took 22 working days.

That's relatively fast. Where did you apply?

vinny wrote:That's relatively fast. Where did you apply?

Delhi, India

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 .
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