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Certificate of Entitlement to the Right of Abode

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

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samy1782
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Re: Certificate of Entitlement to the Right of Abode

Post by samy1782 » Mon Jun 12, 2017 9:22 am

CR001 wrote:
SameerVaid wrote:Hello

My daughter was born in UK in March 2014. At that time me and my wife were on Tier 1 General visa

I recently got my Citizenship and my wife wants to stay on ILR .
My daughter is on ILR too. I wish to know process for getting my daughters CoE to ROA

What are the options for her to get CoE to ROA

1. If I get her naturilsed in UK and obtain Naturalisation Certificate [without applying for British passport] , can she get CoE on her Indian passport? Yes. Children are REGISTERED. Only adults are NATURALISED.

2. After being naturalised , can she apply for CoE to ROA from India ? Yes

What are the options?

Thanks
Sam
You would need to check the nationality criteria with the Indian authorities regarding this as she is not automatically British and has to apply for the citizenship which might be an issue for her Indian nationality.
What does this mean "You would need to check the nationality criteria with the Indian authorities regarding this as she is not automatically British and has to apply for the citizenship which might be an issue for her Indian nationality."

After being registered as british we need to surrender Indian passport and apply for british passport compulsorily?
Or I can I retain her current Indian passport to get CoE?

samy1782
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Re: Certificate of Entitlement to the Right of Abode

Post by samy1782 » Mon Jun 12, 2017 5:19 pm

What does this mean "You would need to check the nationality criteria with the Indian authorities regarding this as she is not automatically British and has to apply for the citizenship which might be an issue for her Indian nationality."

After being registered as british we need to surrender Indian passport and apply for british passport compulsorily?
Or I can I retain her current Indian passport to get CoE?

nrs1984
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Re: Certificate of Entitlement to the Right of Abode

Post by nrs1984 » Mon Jun 12, 2017 7:50 pm

Hello
Me and my family have come back to India after staying in UK 7 years.

Currently I am in India with ILR visa for UK.
My husband was Naturalised as British and he got British passport with OCI to stay in India

I am expecting my new baby in August to be born in India and we are planning to have her Indian passport

On her Indian passport we want to stamp Certificate of Entitlement to Right of Abode in UK

My query
1. Is she eligible for Certificate of Entitlement to Right of Abode in UK to apply from India after being born in India with Indian passport?
2. Moreover is she only eligible for Indian passpport as well as British passport[Automatically british] to be applied from India after being born in India?

Thanks
Nisha

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Re: Certificate of Entitlement to the Right of Abode

Post by vinny » Mon Jun 12, 2017 11:04 pm

I think that applying for naturalisation or registration or a British passport may result in the automatic loss of Inidan citizenship.
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.
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Re: Certificate of Entitlement to the Right of Abode

Post by CR001 » Tue Jun 13, 2017 9:02 am

NishaUchat wrote:Hello
Me and my family have come back to India after staying in UK 7 years.

Currently I am in India with ILR visa for UK.
My husband was Naturalised as British and he got British passport with OCI to stay in India

I am expecting my new baby in August to be born in India and we are planning to have her Indian passport

On her Indian passport we want to stamp Certificate of Entitlement to Right of Abode in UK

My query
1. Is she eligible for Certificate of Entitlement to Right of Abode in UK to apply from India after being born in India with Indian passport?
2. Moreover is she only eligible for Indian passpport as well as British passport[Automatically british] to be applied from India after being born in India?

Thanks
Nisha
There is no need to post the same post multiple times, once is enough.

1. Yes
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

nrs1984
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Re: Certificate of Entitlement to the Right of Abode

Post by nrs1984 » Tue Jun 13, 2017 9:07 am

Thanks for reply

Can yo confirm which form need to be used?
CR001 wrote:
NishaUchat wrote:Hello
Me and my family have come back to India after staying in UK 7 years.

Currently I am in India with ILR visa for UK.
My husband was Naturalised as British and he got British passport with OCI to stay in India

I am expecting my new baby in August to be born in India and we are planning to have her Indian passport

On her Indian passport we want to stamp Certificate of Entitlement to Right of Abode in UK

My query
1. Is she eligible for Certificate of Entitlement to Right of Abode in UK to apply from India after being born in India with Indian passport?
2. Moreover is she only eligible for Indian passpport as well as British passport[Automatically british] to be applied from India after being born in India?

Thanks
Nisha
There is no need to post the same post multiple times, once is enough.

1. Yes

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CR001
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Re: Certificate of Entitlement to the Right of Abode

Post by CR001 » Tue Jun 13, 2017 9:09 am

NishaUchat wrote:Thanks for reply

Can yo confirm which form need to be used?
Please read the first post on page one of this lengthy topic as it contains all the links and information you require.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

nrs1984
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Re: Certificate of Entitlement to the Right of Abode

Post by nrs1984 » Tue Jun 13, 2017 9:14 am

Thanks Moderator

The form that is mentioned in official gov.uk website from Aug 2014 , says
" FORM ROAApplication for a certificate of entitlement to the right of abode(To be completed only by people currently in the UK)"

Which form should be used if we apply from India?

The first page of this topic actually doesnt mention any link to form for ROA from India

Hence I need your help

August
CR001 wrote:
NishaUchat wrote:Thanks for reply

Can yo confirm which form need to be used?
Please read the first post on page one of this lengthy topic as it contains all the links and information you require.

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Re: Certificate of Entitlement to the Right of Abode

Post by CR001 » Tue Jun 13, 2017 9:24 am

NishaUchat wrote:Thanks Moderator

The form that is mentioned in official gov.uk website from Aug 2014 , says
" FORM ROAApplication for a certificate of entitlement to the right of abode(To be completed only by people currently in the UK)"

Which form should be used if we apply from India?

The first page of this topic actually doesnt mention any link to form for ROA from India

Hence I need your help

August
CR001 wrote:
NishaUchat wrote:Thanks for reply

Can yo confirm which form need to be used?
Please read the first post on page one of this lengthy topic as it contains all the links and information you require.
I don't know which link you clicked so cannot comment.

See the link below, outside the UK is online only.

https://www.gov.uk/right-of-abode/apply ... ntitlement
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

nrs1984
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Re: Certificate of Entitlement to the Right of Abode

Post by nrs1984 » Tue Jun 13, 2017 9:34 am

Thanks
CR001 wrote:
NishaUchat wrote:Thanks Moderator

The form that is mentioned in official gov.uk website from Aug 2014 , says
" FORM ROAApplication for a certificate of entitlement to the right of abode(To be completed only by people currently in the UK)"

Which form should be used if we apply from India?

The first page of this topic actually doesnt mention any link to form for ROA from India

Hence I need your help

August
CR001 wrote:
NishaUchat wrote:Thanks for reply

Can yo confirm which form need to be used?
Please read the first post on page one of this lengthy topic as it contains all the links and information you require.
I don't know which link you clicked so cannot comment.

See the link below, outside the UK is online only.

https://www.gov.uk/right-of-abode/apply ... ntitlement

Spot123
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Re: Certificate of Entitlement to the Right of Abode

Post by Spot123 » Mon Jul 03, 2017 3:31 pm

Hi All,
Please can someone advise me.
I'm British by Naturalisation, my wife and daughter hold ILR (Malaysian Citizens) I have a new born who born in Malaysia and I have registered him as Malaysian citizen and I would like him to hold Malaysian Passport. I hope I'm entitle to apply for 'COE' for my new born, I wonder if I can apply 'COE' in UK if my baby traveled with 'on arrival visa' as Malaysians are permitted to stay in UK for 6months from the arrival date

Any help and advise are much appreciated. Thank you in advance

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Re: Certificate of Entitlement to the Right of Abode

Post by Spot123 » Mon Jul 10, 2017 8:44 pm

Dear Seniors,

Please can someone able to advise to my query above?

Thanks

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Re: Certificate of Entitlement to the Right of Abode

Post by CR001 » Mon Jul 10, 2017 8:52 pm

Spot123 wrote:Dear Seniors,

Please can someone able to advise to my query above?

Thanks
Yes you can apply for Right of Abode or Certificate of Entitlement. Ideally you should apply before the child travels.
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Re: Certificate of Entitlement to the Right of Abode

Post by Spot123 » Thu Jul 13, 2017 7:36 pm

Thanks CR001

I want my family to return to UK by September due to my daughter's nursery. I think if I apply 'COE' in Malaysia the processing time might delay their travel so I prefer applying in UK

I do understand that applying in Malaysia is ideal however, I prefer applying in UK as long as the application is valid. Please can you share your view on this?

Thanks in advance :)

Indguru90
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Re: Certificate of Entitlement to the Right of Abode

Post by Indguru90 » Wed Jul 26, 2017 4:57 pm

Spot123 wrote:Thanks CR001

I want my family to return to UK by September due to my daughter's nursery. I think if I apply 'COE' in Malaysia the processing time might delay their travel so I prefer applying in UK

I do understand that applying in Malaysia is ideal however, I prefer applying in UK as long as the application is valid. Please can you share your view on this?

Thanks in advance :)
I am proceeding on the assumption that your new-born was born after your were naturalised. As he was born in Malaysia, your son is automatically a British citizen by descent (British Nationality Act 1981, s.2(1)(a)). Technically, if your child wished to travel to the UK, he must have either (i) a British citizen passport or (ii) a certificate of entitlement to the right of abode (COE) in his Malaysian passport (Immigration Act 1971, s.3(9)(e)).

Strictly speaking, a person with the right of abode cannot be granted leave to enter (whether in the form of entry clearance or a stamp in the passport at the port of entry; see Immigration Act 1971 s.1(1); Immigration Rules r.7A; Policy Manual ROA18). So again strictly speaking, your new-born child cannot get an "on arrival visa" (what you mean is leave to enter) as they are exempt from immigration control under the Immigration Act.

Now, as a matter of Border Force operational practice, a person whom an immigration officer (IO) presumes to have the right of abode but who cannot prove this by producing a UK passport or COE will normally be asked to wait around for a bit while the IO makes some further inquiries. In practice, it may be decided to grant the child notional "leave" in his Malaysian passport (though this is technically not possible, as outlined above), or the child may be admitted without obtaining notional "leave". It is conceivable that the IO at the desk won't grasp the situation, but you shouldn't count on it. If you, as a British passport holder, travel with your ILR wife and a new-born child with nothing other than a Malaysian passport, the assumption is that the child is a British citizen and must have documentation to prove this.

In summary: from a legal perspective, you really should apply for the COE in Malaysia. However, you will be aware that an out-of-country COE application costs a whopping £423. The in-country application isn't much cheaper, at £321. What is stopping you from applying for a full passport for your child who is, as outlined in the first paragraph, a British citizen like yourself? That would set you back a "mere" £53 (plus courier fee). You should not assume that obtaining a COE is going to be more straightforward than a passport...

I am aware that Malaysia does not allow dual citizenship as a general rule. However, the problem is that your child is a British citizen, whether or not he has a UK passport. And of course, if he did not have British citizenship, he would not be entitled to a COE. If your real concern is the Malaysian authorities becoming aware of your child's dual nationality, won't a COE in his MALAYSIAN passport be even more of a signal than his having a second passport? I don't quite understand the rationale here...

But to answer your substantive question: of course your application would be VALID if made in the UK. But you are very likely to face an issue at the port of entry when you come back from Malaysia.

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Re: Certificate of Entitlement to the Right of Abode

Post by Spot123 » Thu Jul 27, 2017 5:39 pm

Hi Indguru90

Thank you for the detailed response

Due to unknown processing timeline for 'COE' application I'm reluctant to apply from Malaysia as my elder daughter starting her school this September in UK
"I am aware that Malaysia does not allow dual citizenship as a general rule. However, the problem is that your child is a British citizen, whether or not he has a UK passport. And of course, if he did not have British citizenship, he would not be entitled to a COE. If your real concern is the Malaysian authorities becoming aware of your child's dual nationality, won't a COE in his MALAYSIAN passport be even more of a signal than his having a second passport? I don't quite understand the rationale here..."
Above is valid point - whilst we registering the child as Malaysian the office wasn't sure on this point. Finally the decision was made based on the child's mother status. I think that applying British passport would triggers the Malaysian authorities which might lead to terminate Malaysian citizenship having COE might cause issue, but so far it's unknown!

Thanks again!

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Re: Certificate of Entitlement to the Right of Abode

Post by Indguru90 » Thu Jul 27, 2017 6:45 pm

Spot123 wrote:Hi Indguru90

Thank you for the detailed response

Due to unknown processing timeline for 'COE' application I'm reluctant to apply from Malaysia as my elder daughter starting her school this September in UK
"I am aware that Malaysia does not allow dual citizenship as a general rule. However, the problem is that your child is a British citizen, whether or not he has a UK passport. And of course, if he did not have British citizenship, he would not be entitled to a COE. If your real concern is the Malaysian authorities becoming aware of your child's dual nationality, won't a COE in his MALAYSIAN passport be even more of a signal than his having a second passport? I don't quite understand the rationale here..."
Above is valid point - whilst we registering the child as Malaysian the office wasn't sure on this point. Finally the decision was made based on the child's mother status. I think that applying British passport would triggers the Malaysian authorities which might lead to terminate Malaysian citizenship having COE might cause issue, but so far it's unknown!

Thanks again!
Hi Spot123

As it happens, Her Majesty's Passport Office has specific internal guidance regarding Malaysian/UK dual nationals. The guidance reads as follows: "Malaysian citizenship laws provide that Malaysian citizens who voluntarily exercise their rights to another citizenship which gives the passport holder of that country freedom of movement and no conditions/restrictions on employment may be deprived of Malaysian citizenship. Please note that Malaysian British Overseas Citizen passport holders may not benefit from this if the BOC passport issued has restrictions on movement and employment. Such people can hold both Malaysian and BOC passports simultaneously and will not be deprived of their Malaysian citizenship."

You'll obviously be much better informed about the practice in Malaysia, but if the above correctly represents Malaysian law, voluntary exercice of one's rights to another citizenship giving the holder freedom of movement in the UK includes obtaining a COE. There's absolutely no difference from a legal perspective whether you get a COE or a UK passport, in either case your newborn is liable indefinitely to have his Malaysian citizenship revoked. Bit of a catch 22, unfortunately. Just fyi, HMPO does not contact other passport authorities when you obtain a UK passport, so it's not from the UK Government that the Malaysian authorities would learn that your child has British citizenship/acquired a UK passport/COE. Hope that helps.

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Re: Certificate of Entitlement to the Right of Abode

Post by karen313 » Mon Sep 11, 2017 4:54 pm

Hi Spot123,

I almost got the same situation with you.
Any updates on your COE application for your new born baby after you all arrived UK?

My son was born in UK after his father got his ILR, however he lived in Malaysia and hold Malaysian passport.
Currently, we brought him to UK without getting COE and then we were questioned by the immigration officer. After further investigation by the officer, finally we are allowed to enter however his passport has been stamped with quote"entry valid for 6 months".

I know this is our mistake that we are not aware that we should get COE before entering UK.
I plan to apply COE for him in UK as currently we are unable fly back to Malaysia because he already start primary school. However, due to the processing time may take up to 6 months and I wondering whether my son will consider 'over stay' after 6 months time if we unable obtain COE before that.

I really regret that didn't checked properly and simply listen to my husband that my British born son is free to enter UK. Now I still can't decide whether should apply COE here or take him back to Malaysia before the 6 months period. Leaving UK and apply COE in Malaysia will stop his schooling at least for a few months and school may not allowed.

Appreciated if anyone here can share your thought on my case.

Thank you.

Spot123
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Re: Certificate of Entitlement to the Right of Abode

Post by Spot123 » Wed Oct 18, 2017 2:11 pm

Hi Karen,

My family are arriving UK next month, I have not applied for COE as we're planning to apply in UK after they've arrived

I do aware of processing timeline/immigration queries so we prepared for the consequence

I don't think the applicant is considered as over stayer if there is pending application in process. I would advice to wait for the decision, unless you have an emergency travel

On separate note - If you son born in UK, how did he managed to travel to Malaysia? did you apply for Malaysian passport in UK

Thanks

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Re: Certificate of Entitlement to the Right of Abode

Post by Babajee85 » Sun Dec 17, 2017 9:49 pm

karen313 wrote:
Mon Sep 11, 2017 4:54 pm
Hi Spot123,

I almost got the same situation with you.
Any updates on your COE application for your new born baby after you all arrived UK?

My son was born in UK after his father got his ILR, however he lived in Malaysia and hold Malaysian passport.
Currently, we brought him to UK without getting COE and then we were questioned by the immigration officer. After further investigation by the officer, finally we are allowed to enter however his passport has been stamped with quote"entry valid for 6 months".

I know this is our mistake that we are not aware that we should get COE before entering UK.
I plan to apply COE for him in UK as currently we are unable fly back to Malaysia because he already start primary school. However, due to the processing time may take up to 6 months and I wondering whether my son will consider 'over stay' after 6 months time if we unable obtain COE before that.

I really regret that didn't checked properly and simply listen to my husband that my British born son is free to enter UK. Now I still can't decide whether should apply COE here or take him back to Malaysia before the 6 months period. Leaving UK and apply COE in Malaysia will stop his schooling at least for a few months and school may not allowed.

Appreciated if anyone here can share your thought on my case.

Thank you.
How did you manage for your son to arrive in UK :shock: without any CoE/any Visa...Didn't they ask you at the Malaysian airport for the document proof for UK Visa before boarding into the plane.

vinny
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Re: Certificate of Entitlement to the Right of Abode

Post by vinny » Sun Dec 17, 2017 11:04 pm

Malaysians are non-visa nationals for the purposes of visits. However, it's moot if the child is British and may apply for a CoE-RoA from within the UK.
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.
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Re: Certificate of Entitlement to the Right of Abode

Post by Babajee85 » Fri Dec 22, 2017 11:57 pm

vinny wrote:
Sun Dec 17, 2017 11:04 pm
Malaysians are non-visa nationals for the purposes of visits. However, it's moot if the child is British and may apply for a CoE-RoA from within the UK.
Thanks for clarification ...

I have one question :

Do we need to provide the Orginal Naturalisation Certificate (Is there a requirement) with CoA-RoA application ?

vinny
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Re: Certificate of Entitlement to the Right of Abode

Post by vinny » Sat Dec 23, 2017 1:51 am

There is a requirement to adequately prove that the 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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Re: Certificate of Entitlement to the Right of Abode

Post by waikatodave » Tue Jan 16, 2018 2:14 pm

I am having to reapply for my ROA due to an expiring NZ passport. Is anyone aware if this would take less time than an initial application. When I first applied 4 years ago it took about 20 days from confirmation of application to dispatch email. This application was when I was living in Australia, so the visa was issued in Manila(?)
I reapplied in November 2017, received my confirmation of application and payment taken on 1st December 2017, but have had no updates since then. I am factoring in Xmas delays, but by reading through the forum I may be in for quite a wait.

Also are the any government benefits or assistance available - I am running out of things to sell :/

Cheers

David

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Re: Certificate of Entitlement to the Right of Abode

Post by Jonny31t » Mon Apr 23, 2018 9:16 pm

Babajee85 wrote:
Sun Dec 17, 2017 9:49 pm
karen313 wrote:
Mon Sep 11, 2017 4:54 pm
Hi Spot123,

I almost got the same situation with you.
Any updates on your COE application for your new born baby after you all arrived UK?

My son was born in UK after his father got his ILR, however he lived in Malaysia and hold Malaysian passport.
Currently, we brought him to UK without getting COE and then we were questioned by the immigration officer. After further investigation by the officer, finally we are allowed to enter however his passport has been stamped with quote"entry valid for 6 months".

I know this is our mistake that we are not aware that we should get COE before entering UK.
I plan to apply COE for him in UK as currently we are unable fly back to Malaysia because he already start primary school. However, due to the processing time may take up to 6 months and I wondering whether my son will consider 'over stay' after 6 months time if we unable obtain COE before that.

I really regret that didn't checked properly and simply listen to my husband that my British born son is free to enter UK. Now I still can't decide whether should apply COE here or take him back to Malaysia before the 6 months period. Leaving UK and apply COE in Malaysia will stop his schooling at least for a few months and school may not allowed.

Appreciated if anyone here can share your thought on my case.

Thank you.
How did you manage for your son to arrive in UK :shock: without any CoE/any Visa...Didn't they ask you at the Malaysian airport for the document proof for UK Visa before boarding into the plane.
I'm not sure if you're still monitoring this - I think Malaysian children born to foreign nationals are allowed to be a citizen of both until they turn 18 where they have to decide for themselves.

I'm also curious to how you manage to get on the plane though - I had the impression it's not that easy these days.

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