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Right of Abode

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SMOOTH OPERATOR
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Right of Abode

Post by SMOOTH OPERATOR » Tue Aug 07, 2007 5:39 pm

Hi guys

ive just been talking to my step dad who currently has a Right of Abode on his country of origin's paspport and a british passport. as he he allowed to have it. however the home office in liverpool said to him that they cannot transfer Right of Abode to his new passport because he has a british passport according to the new law. he told them "i am entitled to dual nationality by country of origin" should i be travelling with a blank passport or what?". They said thats it there is nothing we can do about it its the new law. so people if ur country of origin requires a visa on the British Passport u posses wot will u do?


http://www.ind.homeoffice.gov.uk/applying/rightofabode

thanks

John
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Post by John » Tue Aug 07, 2007 6:08 pm

Not sure I understand what the problem is. You have correctly identified the change of law. Why is it so important to have a Right of Abode sticker in the non-British passport?
John

SMOOTH OPERATOR
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right of abode

Post by SMOOTH OPERATOR » Thu Aug 09, 2007 9:40 am

hi John

the whole issue means u cannot use ur other nationality anymore

John
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Post by John » Thu Aug 09, 2007 10:26 am

Why? I simply do not understand!

My wife is originally from Thailand, although she now also has a British passport. Both the UK and Thailand have no problem with dual nationality.

When we travel from the UK to Thailand she carries both passports. She uses the British one on leaving the UK, and on arriving back here .... and the Thai one on arrival in Bangkok and again on departure. As necessary she would also show her British passport at check-in at Bangkok airport to show to the check-in person that she will indeed be allowed into the UK.

So Smooth_Operator, as you say that Nigeria also permits dual nationality, surely no problem your step-father adopting the same methodology.
John

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Post by Christophe » Thu Aug 09, 2007 10:35 am

Yes, travelling with two passports is not a problem, provided of course that you legally hold both of them.

The key is to remember the purpose for which you are showing your passport - e.g. travelling from UK to country B:

- airlilne check-in: show country B passport
- UK exit control: show British passport
- at plane door: show country B passport
- at immigration control in country B: show country B passport

The opposite applies if travelling in the other direction. There is no particular reason not to show both passports at the same time, but it confuses things and so only do that if specifically asked for it.

It should be noted that the facility for British citizens to have a right of abode certificate in their non-British passport was an unusual one: most countries offer no analogous facility; a few offer one only in limited circumstances (e.g. Australia and the declatory visa).

SMOOTH OPERATOR
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Post by SMOOTH OPERATOR » Thu Aug 09, 2007 10:41 am

john the thing is that nigerian immigration will disturb him by saying "how come uve got a blank nigerian passport" he will answer here is my british passport and im a dual national and will reply never "mind that, u cannot come into the country with a blank passport something needs to be on the passport" which could result in u being delayed for several hours or having to bribe them to just let u off

Christophe
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Post by Christophe » Thu Aug 09, 2007 10:46 am

SMOOTH OPERATOR wrote:john the thing is that nigerian immigration will disturb him by saying "how come uve got a blank nigerian passport" he will answer here is my british passport and im a dual national and will reply never "mind that, u cannot come into the country with a blank passport something needs to be on the passport" which could result in u being delayed for several hours or having to bribe them to just let u off
But I have a friend who is both Nigerian (through her mother) and British (by birth), and she has travelled for years between the two countries and has never had any problems along the lines you mention. I know this because we talked about her getting a right of abode certificate in her Nigerian passport, simply for the ease of needing to take only one passport for the trip, but she decided in the end not to bother.

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Post by avjones » Thu Aug 09, 2007 11:08 am

It's easy to use both passports. My boyfriend holds dual nationality. When he visits Israel, he enters and leaves that country on his Israeli passport. WHen he enters or leaves the UK, he uses his British passport.
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

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Post by SMOOTH OPERATOR » Thu Aug 09, 2007 11:29 am

Christophe if ur freind's mum renews her nigerian passport after it expires she will not have right of abode transfered to the new nigerian passport because the british passport automatically has rigth of above for british citizen. the immigration officer in liverpool says u will have to apply for a nigerian visa to go to nigeria on a british passport. cos nigerian immigration dont welcome nigerians comin to nigeria with a blank nigerian passport.

do u kind of understand wot i mean

Christophe
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Post by Christophe » Thu Aug 09, 2007 11:39 am

SMOOTH OPERATOR wrote:Christophe if ur freind's mum renews her nigerian passport after it expires she will not have right of abode transfered to the new nigerian passport because the british passport automatically has rigth of above for british citizen. the immigration officer in liverpool says u will have to apply for a nigerian visa to go to nigeria on a british passport. cos nigerian immigration dont welcome nigerians comin to nigeria with a blank nigerian passport.

do u kind of understand wot i mean
I understand what you mean. I don't know the Nigerian regulations, of course, nor how they are interpreted. All I know is that my friend (it is she, not her mother, incidentally, that makes the trips) has not had any problems along the lines you suggest. Anecdotal only, I know, but if she hasn't had problems why should your step-father particularly?

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