Right of Abode or British Passport or Indian Passport?

[vinny]

Exact Reason is :

"Father obtained British Citizenship by registration under Section 6(1) i.e. Naturalisation which does not entitle kid to Right of Abode in the UK."

Whatever gave them that idea? It's unsupportable by the legislation.

Thanks for the info. The main reason for rejection for me is they are not considering applicants as British Citizens in first place .. they are treating them as common wealth country citizens and then considering the way parent/parents obtained their British citizenship.

That's another reason for their error. They were considering the wrong criteria. Being a Commonwealth citizen is irrelevant, if the person is also a British citizen. Being a British citizen is sufficient for a person to have a right of abode as defined in 6(a) and 2(1).

Logically,

6(a) is true, if 2(1) is true.
2(1) is true, if 2(1)(a) or 2(1)(b) is true.
2(1)(a) is true, if the applicant is British (*).

[ranji82]

Vinny,

Its really surprising they are doing it to almost every body ...
Can you please confirm the email address i am using is the right one?

Thanks,
Ranjith.

[vinny]

Perhaps mpemma can confirm?

[vinny]

Try contacting Sir James David Bevan KCMG, British High Commissioner to India. He may be able to help and pass on your messages to the right people.

[ranji82]

I could n't get his email address .. any one else can confirm the same please??

[Mahesh Gowda]

I could n't get his email address .. any one else can confirm the same please??

Just a thought as you always asked
Is there a other way?

Because baby is British, is it possible to come to UK on

Emergency travel document

Only gurus can answer this

[ranji82]

I could n't get his email address .. any one else can confirm the same please??

Just a thought as you always asked
Is there a other way?

Because baby is British, is it possible to come to UK on

Emergency travel document

Only gurus can answer this

I thought about it Mahesh .. gurus your thoughts please ??.. can you please check the emailId I used is correct one ?? .. Can I apply for kids passport when he is on family visiting visa??

[Mahesh Gowda]

I could n't get his email address .. any one else can confirm the same please??

Just a thought as you always asked
Is there a other way?

Because baby is British, is it possible to come to UK on

Emergency travel document

Only gurus can answer this

I thought about it Mahesh .. gurus your thoughts please ??.. can you please check the emailId I used is correct one ?? .. Can I apply for kids passport when he is on family visiting visa??

Ranjith i have already answered this
If baby comes on visitor visa, i think u cannot change
visa type.

Again gurus views

[ranji82]

Sorry Mahesh .. I am running out of ideas that's why I am asking same questions again and again ... please confirm the chennai bhs mail id again

Thanks,
Ranjith

[secret.simon]

PLEASE CAN ANYONE HELP ME

sorry to interrupt on this thread!

I was born in the UK in 1995 and I am 20 years old. My mother was a british citizen and my father Indian at the time of my birth and he naturalised in 2001/2 im not quite sure of the date. I want to apply for ROA from within the UK and just not understanding which documents I will need to submit as I am dual national since birth. I know I will need to submit my indian passport and my original full birth certificate alongside my mothers original birth certificate but is there anything else that I should submit? do I have to submit their marriage certificate or my dad's naturalisation certificate aswell? this is the reason as to why I am confused :/


PLEASEEEEE help me out as I am in urgent need of the ROA as I have to travel abroad at the end of July xxxxxx

I am going to be a damp squib about this post, but I think the person posting the question has not been advised correctly, mainly as s/he is posting in the wrong forum.

Vinny has given the correct advice as regards getting a RoA and the broad terms of British law involved.

However, as the poster has not renounced British citizenship when she reached 18, s/he has ceased to be an Indian citizen and therefore has lost the right to an Indian passport. Therefore the question of applying for a RoA is moot and the poster needs to apply for a British passport. See also the UK government's summary of Indian citizenship law.

S/he should be aware that by traveling abroad on an Indian passport past the age of 18, while remaining a British citizen, s/he is breaking Indian law and can be sanctioned if s/he were to return to India.

[secret.simon]

@ranji1982 and Mahesh Gowda

Emergency Travel Document is not an option.

You usually can’t get an emergency travel document if you’ve never had a British passport - contact your nearest British embassy, high commission or consulate if you need to travel urgently and can’t apply for a passport in time.

Nor is any visa. A British citizen does not require. nor can they be issued, a visa to come to the UK.

There are only two real options.

• a) Get a British passport for the child. The child will lose Indian citizenship automatically.
  
  b) Get an Indian passport and RoA.

There is no other alternative.

[20shamat]

Sorry Mahesh .. I am running out of ideas that's why I am asking same questions again and again ... please confirm the chennai bhs mail id again

Thanks,
Ranjith

Hi Ranjit
you were asking about email id, did you try this MADRAVisaInfo@fco.gov.uk
regards

[ranji82]

Hi Guys,

I am delighted to say that we received my kids passport today with ROA stamp on it. I sent second email with all the details like application reference number , sections of the laws as suggested by admins .. To my surprise I got a response with in 10 days stating after going through me email .. they decided to issue the visa.

I want to thank Mahesh , Vinu ,simon and other guys for their suggestions ..

Thanks,
Ranjith

[Mahesh Gowda]

Hi Guys,

I am delighted to say that we received my kids passport today with ROA stamp on it. I sent second email with all the details like application reference number , sections of the laws as suggested by admins .. To my surprise I got a response with in 10 days stating after going through me email .. they decided to issue the visa.

I want to thank Mahesh , Vinu ,simon and other guys for their suggestions ..

Thanks,
Ranjith

Congrats Ranjith, i am happy for you.

[20shamat]

Hi Guys,

I am delighted to say that we received my kids passport today with ROA stamp on it. I sent second email with all the details like application reference number , sections of the laws as suggested by admins .. To my surprise I got a response with in 10 days stating after going through me email .. they decided to issue the visa.

I want to thank Mahesh , Vinu ,simon and other guys for their suggestions ..

Thanks,
Ranjith

Congrats and Best wishes to you

[lappi831]

Hi Guys,

Thanks .Its a good news .Can you tell me your son /daughter born in UK or India .
where u naturalised before ur daughter/son was born .In this attachment what option you have selected .
Iam planning to apply for second time now .


Thanks ,
Harry

[vinny]

Hi Guys,

I got British Citizen Ship via Naturalisation and My baby born in india after my naturalisation.

I applied for Right of Abode for My Kid .. Its got rejected 2 times .. First time they can't see the My Original Naturalization Certificate I provided along with the application.

Second time they rejected stating

" I accepted that you have now submitted your father's certificate of naturalisation. How ever, I note that he had obtained his British Citizenship by registration under Section 6(1) which does not entitle you to Right of Abode in the UK. I draw your attention to the following link. which details eligibility for a right of abode in the UK.

https://www.gov.uk/government/uploads/s ... _57_v4.pdf

There fore your application is refused in accordance with section 2(1) of the 1971 Act "

Please can you advice .. Are they right rejecting my kids application?

Thanks,
Ranjith.

[ranji82]

Hi Guys,

I am delighted to say that we received my kids passport today with ROA stamp on it. I sent second email with all the details like application reference number , sections of the laws as suggested by admins .. To my surprise I got a response with in 10 days stating after going through me email .. they decided to issue the visa.

I want to thank Mahesh , Vinu ,simon and other guys for their suggestions ..

Thanks,
Ranjith

Congrats Ranjith, i am happy for you.

Thanks Mahesh.

[ranji82]

Hi Guys,

Thanks .Its a good news .Can you tell me your son /daughter born in UK or India .
where u naturalised before ur daughter/son was born .In this attachment what option you have selected .
Iam planning to apply for second time now .


Thanks ,
Harry

Hi Harry,

He is born in india .. Yes .. I am naturalised before he was born. sorry .. can't see any attachment?

Thanks,
Ranjith

[ranji82]

Hi Guys,

I am delighted to say that we received my kids passport today with ROA stamp on it. I sent second email with all the details like application reference number , sections of the laws as suggested by admins .. To my surprise I got a response with in 10 days stating after going through me email .. they decided to issue the visa.

I want to thank Mahesh , Vinu ,simon and other guys for their suggestions ..

Thanks,
Ranjith

Congrats and Best wishes to you

Thanks 20shamat.

[lappi831]

Hi Guys,

Hi Ranji ,
Thanks for your reply .Iam also in the same situation .Can you provide me the email id which you have sent & what documents you have sent as attachments with email .

Please share it .

Thanks,
Harry

[movingwonder]

Hi All,

First of all I would like to thank all the members who have posted their valuable posts, which have answered quite a few questions I had in my head for long. I am travelling in similar boat as others whose ROA applications have been refused.

Just a quick brief of my situation below. Your advice is much appriciated.

My daughter born in SEP 2014 in INDIA.
I (Father) am British by Naturalization (Sep 2013)
My wife (Mother) got ILR in Feb 2014. My wife traveled to india in Mar 2014 to get support from family at the time of pregnancy.


Nov 2014 >> Applied ROA @ VFS Hyderabad. ( after looking at all the posts of ROA and Passport applications delays)
Dec 2014 >> ROA refused with silly reasons citing that I was not born in UK, hence my daughter cannot qualify.
Jan 2015 >> consulted solicitor and APPEAL launched.
Apr 2015 >> NO response, hence decided to apply Passport application as well while we wait for appeal decision. APPEAL still ON.
May 2015 >> Passport application finally posted. ( courtesy VFS appointment delays @ Hyderabad )
Jun 2015 >> Tribunal sends a letter asking HO to respond by end of June 2015 and asked for my response by end of July
10 July 2015 >> still no response from HO.

I am now in a very confused state, which option to go for:

1. Wait for the Tribunal to decide on the ROA appeal? which may take another 2-3 months and can be +ve or -ve
If +ve >> all good ( No more expense, but might take 2-3 months)
If -ve >> I will loose right to even re apply for ROA

2. Withdraw ROA appeal and re apply citing that they got it wrong in first instance and request to consider and issue ROA (expense :£350, but response in 2 weeks)
if they reject it again citing the same reason as first application, then back to square one.
But at least I will know thier decision and wait for passport application.

3. Apply for the Overseas Birth Registration while waiting for the British passport application. It will require all original douments to be posted and might take similar timelines as passport.

Please kindly suggest me as we have already gone through a lot of emotional stress and getting impatient day by day.
I have travelled 3 times to India in last 6 months and have spend a lot of money for consultation, which did not give me any result.
My solicitor says he will prepare a fresh appeal bundle and quoting 5 times the price of the application fees.

I truly repent the decision to have baby in India. Home Office seems to be having under qualified team and DONT CARE attitude towards particular country applications.

Please Help. Thanks in advance.

regards,
Raaj

[vinny]

Note that they cannot issue a CoE-RoA, if the applicant has a British passport.

[secret.simon]

Also, if the parents make an application for the child's British passport, as opposed to a CoE-RoA, the child automatically loses his/her Indian citizenship and hence his/her Indian passport needs to be surrendered.

Mahesh Gowda's post in this thread sums up the actions that you need to take forward. I personally do not think it needs a solicitor, just a lot of follow-up.

As regards the comment about regarding regretting the plan of giving birth in India, I empathise. You are dealing with the bureaucracies of two countries and you have to keep on top of the procedures of both. To my friends and colleagues, I have always recommended against giving birth outside the UK, for that reason and because of the inability of British citizens by descent to transmit citizenship further down. But I understand that tradition and emotional needs can trump any rational logic in the case of something as familial as child birth.

[movingwonder]

ranji,

as requested earlier by harry, please could you share the details of the e-mail draft and sections of the laws as suggested you have included.

Thanks in advance.

regards,
Raaj