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Eligibility for RoA CoE
Posted: Mon Mar 07, 2016 8:56 pm
by ckpquiz
Hi all,
Can someone guide on eligibility for Right of Abode certificate of entitlement for kids:
Q1 - Are dependent kids (from outside UK) eligible for RoA if main applicant is ILR holder or British Citizen?
Re: Eligibility for RoA CoE
Posted: Mon Mar 07, 2016 9:32 pm
by vinny
Re: Eligibility for RoA CoE
Posted: Tue Mar 08, 2016 2:47 pm
by ckpquiz
Thanks for the update; follow up query:
Will my kids (born in India) be eligible to apply (from India) for Right of Abode instead of ILE after I get british passport ?
Re: Eligibility for RoA CoE
Posted: Tue Mar 08, 2016 3:52 pm
by lynxukauq
They will be able to apply CoE ROA from the moment you have been naturalised and got the Naturalisation Certificate after attending the ceremony.
Re: Eligibility for RoA CoE
Posted: Tue Mar 08, 2016 5:20 pm
by ckpquiz
Thanks for the update
would the following scenario impact the Kids eligibility on RoA?
Q1 - Main applicant due for british citizenship in Dec 2016. Are the kids born before Dec 2016 still qualifies for RoA from Dec 2016?
Re: Eligibility for RoA CoE
Posted: Tue Mar 08, 2016 7:44 pm
by CR001
If your children are born AFTER you become British (after your ceremony), then they can apply for RoA or CoE.
If they are born before you attend your ceremony, they are not automatically British and cannot apply for RoA or CoE and will have to apply for child settlement visas.
Re: Eligibility for RoA CoE
Posted: Tue Mar 08, 2016 10:08 pm
by secret.simon
lynxukauq wrote:They will be able to apply CoE ROA from the moment you have been naturalised and got the Naturalisation Certificate after attending the ceremony.
This advice is wrong.
CR001's advice is spot on.
The situation is quite nuanced.
It depends on where the child is born and the status of the parents on the
day of the child's birth.
If one parent has ILR on the day the child is born,
- If child is born in the UK
- child is born a British citizen and can apply for CoE-RoA if the child has another citizenship as well.
If child is born outside the UK
- child gets the status of the less-privileged parent and can register as a British citizen at discretion when the second parent naturalises.
If one parent has British citizenship on the day the child is born,
- the child is born a British citizen and can apply for CoE-RoA if the child has another citizenship as well.
Re: Eligibility for RoA CoE
Posted: Tue Mar 08, 2016 10:43 pm
by Richard W
secret.simon wrote:The situation is quite nuanced.
But in some ways it is quite simple.
All children (i.e. minors) who have right of abode are British citizens.
There are other people who have right of abode. They are either British citizens or are Commonwealth citizens over 30 years old. Not all Commonwealth citizens over 30 years old have right of abode; the majority do not.
Re: Eligibility for RoA CoE
Posted: Tue Mar 08, 2016 11:06 pm
by lynxukauq
secret.simon wrote:lynxukauq wrote:They will be able to apply CoE ROA from the moment you have been naturalised and got the Naturalisation Certificate after attending the ceremony.
This advice is wrong.
CR001's advice is spot on.
The situation is quite nuanced.
It depends on where the child is born and the status of the parents on the
day of the child's birth.
If one parent has ILR on the day the child is born,
- If child is born in the UK
- child is born a British citizen and can apply for CoE-RoA if the child has another citizenship as well.
If child is born outside the UK
- child gets the status of the less-privileged parent and can register as a British citizen at discretion when the second parent naturalises.
If one parent has British citizenship on the day the child is born,
- the child is born a British citizen and can apply for CoE-RoA if the child has another citizenship as well.
Yes the advice given by myself is partly incorrect because I forgot to add that this is only applicable if the child is born after the Citizenship ceremony but OP does not necessarily need to have British passport.
Important thing to remember is that you need to be naturalised before the birth of the baby otherwise if the baby is born beforehand then the OP will need to go through the route of other visa to bring the child back to UK