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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

Moderators: Casa, push, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe

vinny
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Certificate of Entitlement to the Right of Abode

Post by vinny » Tue Dec 16, 2014 2:02 am

Briefing: what is the ‘right of abode’ in UK immigration and nationality law?

The Nationality, Immigration and Asylum Act 2002 confers the powers of issuing the Certificate of Entitlement to the Right of Abode to the Immigration (Certificate of Entitlement to Right of Abode in the United Kingdom) Regulations 2006 (as amended).
The Immigration (Certificate of Entitlement to Right of Abode in the United Kingdom) Regulations 2006 wrote:Issue of certificate of entitlement

6. A certificate of entitlement will only be issued where the appropriate authority is satisfied that the applicant—
(a)has a right of abode in the United Kingdom under section 2(1) of the 1971 Act(1);

Amendments to the Immigration (Certificate of Entitlement to Right of Abode in the United Kingdom) Regulations 2006 > 2(4):
(b)is not a person who holds:

(i)a United Kingdom passport describing him as a British citizen,
(ii)a United Kingdom passport describing him as a British subject with the right of abode in the United Kingdom, or
(iii)a certificate of entitlement;”.
(c)is not a person whose exercise of his right of abode is restricted under section 2 of the Immigration Act 1988(3) (restrictions on exercise of right of abode in cases of polygaumy); and

(d)is not a person who is deprived of his right of abode by an order under section 2A of the 1971 Act(4).
A Certificate of Entitlement to the Right of Abode may be issued, if 6 (as amended) is true.
6 (as amended) is true, if 6(a) and 6(b) (as amended) and 6(c) and 6(d) are all true.

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 (*).

Note that 2(1)(a) does not differentiate on the many ways a person may be British. Consequently, all British citizens automatically have the Right of Abode. So, it doesn't matter how/why the applicant is British. Therefore, 6(a) is always true for all British citizens.

6(c) and 6(d) are also always true for all British citizens, as their failure relates only to Commonwealth citizens with the Right of Abode under 2(1)(b).

Any refusal of issuing the Certificate of Entitlement to the Right of Abode should be due to failing Section 6 (as amended). Since 6(a) and 6(c) and 6(d) are always true for British citizens, the only way that a British citizen may be refused is when Section 6(b) (as amended) fails. That is, it fails when the applicant already holds an alternative evidence of Right of Abode (3(9)), such as a valid British passport, etc.

Significantly, people born from 1983 have the Right of Abode iff they are British.
ROA4 Basis of a person’s claim to right of abode wrote:The only way to acquire the right of abode since 1 Jan 1983 has been by becoming a British citizen.
Now also subject to the Counter-Terrorism and Security Act 2015.

For Commowealth citizens (non-British citizens),
2(1)(b) wrote:he is a Commonwealth citizen who—

(i)immediately before the commencement of the M1British Nationality Act 1981 was a Commonwealth citizen having the right of abode in the United Kingdom by virtue of section 2(1)(d) or section 2(2) of this Act as then in force; and

(ii)has not ceased to be a Commonwealth citizen in the meanwhile.
Where
2(1)(d) wrote:he is a Commonwealth citizen born to or legally adopted by a parent who at the time of the birth or adoption had citizenship of the United Kingdom and Colonies by his birth in the United Kingdom or in any of the Islands.
2(2) wrote:A woman is under this Act also to have the right of abode in the United Kingdom if she is a Commonwealth citizen and either—

(a)is the wife of any such citizen of the United Kingdom and Colonies as is mentioned in subsection (1)(a), (b) or (c) above or any such Commonwealth citizen as is mentioned in subsection (1)(d); or

(b)has at any time been the wife—

(i)of a person then being such a citizen of the United Kingdom and Colonies or Commonwealth citizen; or

(ii)of a British subject who but for his death would on the date of commencement of the British Nationality Act 1948 have been such a citizen of the United Kingdom and Colonies as is mentioned in subsection (1)(a) or (b);

but in subsection (1)(a) and (b) above references to registration as a citizen of the United Kingdom and Colonies shall not, in the case of a woman, include registration after the passing of this Act under or by virtue of section 6(2) (wives) of the British Nationality Act 1948 unless she is so registered by virtue of her marriage to a citizen of the United Kingdom and Colonies before the passing of this Act.
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.
Related caselaw:

Secretary of State for the Home Department v Ize-Iyamu [2016] EWCA Civ 118 (01 March 2016)
Akinfolarin v Secretary of State for the Home Department [2016] EWHC 2101 (Admin) (12 August 2016) >
27 wrote:I do not accept the claimant's contention that section 3 (9) (e) of the 1971 Act reads as providing that the certificate of entitlement confers the status of right of abode. In my view the certificate of entitlement represents confirmation of the right of abode and no more. The claimant's argument that the inclusion in the previous section 82 (2) (c) of the Nationality, Immigration Asylum Act 2002 of an express right of appeal only from the refusal of a certificate of entitlement must be interpreted as meaning that a certificate of entitlement and right of abode are one and the same is placing a detail of construction upon the provision which it does not bear.
Rasul, R (On the Application Of) v Secretary of State for the Home Department [2017] EWHC 1306 (Admin) (31 May 2017)
Miah, R (on the application of) v Secretary of State for the Home Department [2017] EWHC 2925 (Admin) (17 November 2017)
This is not intended to be legal or professional advice in any jurisdiction. Please click on any 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.

KBL
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Re: Certificate of Entitlement to the Right of Abode

Post by KBL » Thu Jul 30, 2015 4:40 pm

Hi, Does anyone know the timeframe for processing the Certificate of Entitlement to the Right of Abode post April 06 2015? I'm commonwealth citizen and have a father who is British National, and have had the Entitlement since I was 3.
My passport is expiring the end of this year. It used to be relatively quick to renew it but now it takes longer. So if anyone would be able to provide a rough timeframe, this would be much appreciated.

carrick
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Re: Certificate of Entitlement to the Right of Abode

Post by carrick » Mon Sep 28, 2015 3:59 am

KBL wrote:Hi, Does anyone know the timeframe for processing the Certificate of Entitlement to the Right of Abode post April 06 2015? I'm commonwealth citizen and have a father who is British National, and have had the Entitlement since I was 3.
My passport is expiring the end of this year. It used to be relatively quick to renew it but now it takes longer. So if anyone would be able to provide a rough timeframe, this would be much appreciated.
I also have ROA and my Aussie passport expired, but I decided to go down the UKM track as my mother is British and it would be permanent. Australia recognises dual nationality as well. If your father is British you should apply for citizenship or at the very least get a British passport.

drawson989
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Re: Certificate of Entitlement to the Right of Abode

Post by drawson989 » Tue Sep 29, 2015 10:07 pm

I'm also interested in what the wait times are currently for Right of Abode. I have been waiting since 16th August 2015 and the documents have not arrived as at 29th September. I've applied 3 times previously (2000, 2005, 2010) and always had the Passport returned with stamp within 3 weeks.

Please post if you have gone through this process recently and know the current waiting times...

AMESBURYARCHER
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Re: Certificate of Entitlement to the Right of Abode

Post by AMESBURYARCHER » Fri Oct 09, 2015 1:03 pm

drawson989 wrote:I'm also interested in what the wait times are currently for Right of Abode. I have been waiting since 16th August 2015 and the documents have not arrived as at 29th September. I've applied 3 times previously (2000, 2005, 2010) and always had the Passport returned with stamp within 3 weeks.

Please post if you have gone through this process recently and know the current waiting times...
I'm in the same boat, I was working myself into a panic till I saw your post and a few others. I guess they've got some kind of delay. My application was received by them on the 20th of August and nothing back yet, Oct 9. It was always roughly 3 weeks before, although my last one 5 years ago may have taken a bit longer. The longest average in 2012/13 was 36 days! (No data about now, that I could find.)

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Re: Certificate of Entitlement to the Right of Abode

Post by AMESBURYARCHER » Fri Oct 09, 2015 1:12 pm

I've had a ROA sticker in all my passports for over 30 years BTW (and have lived in the UK for over 23), and find this process now really retrograde. I don't even mind paying the money so much, it's the other hassles. If the rules had not been so sexist towards the children of British mothers back in the day, this would not even be necessary. Yes, you can get a passport now via your mother after all , since they eventually changed the rules, but of course...they want her old passport as proof (which I find slightly odd as they musst recognise me as her daughter to have given me ROA all these years.) Well, she's been dead over ten years, lived in a different country to me, and the family over there have no idea what happened to ANY of her personal documents. (She died of dementia, she could have thrown them all out for all we know.)

vinny
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Re: Certificate of Entitlement to the Right of Abode

Post by vinny » Fri Oct 09, 2015 1:52 pm

Perhaps you can get your mother's long birth certificate?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any 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.

AMESBURYARCHER
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Re: Certificate of Entitlement to the Right of Abode

Post by AMESBURYARCHER » Fri Oct 23, 2015 1:43 pm

vinny wrote:Perhaps you can get your mother's long birth certificate?
hi Vinny, would that not count as a 'photocopied' document?

vinny
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Re: Certificate of Entitlement to the Right of Abode

Post by vinny » Fri Oct 23, 2015 2:33 pm

Q3. Can I have a copy of the certificate emailed to me? wrote:Information supplied by the General Register Office can only be given in the form of a certified copy (certificate) - we are unable to e-mail or fax the details to you.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any 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 Affy1 » Sat Nov 14, 2015 1:02 am

Hi, hope you are all well, been looking through MANY threads to get a concrete answer HOPEFULLY on my situation (like many others on here)

Just to set the scene firstly, I am a British citizen born in the uk been here all my life.
Got married abroad in Pakistan 2.5 years ago and in process of getting my wife over through spouse visa.
We also have a baby daughter who now is 17months old.(British through decent through me)
What I would like to know is I have applied for her British passport from Pakistan and ukba have received the application and it's coming to 6 months and not heard anything. I am worried after hearing some stories this can take longer, in some cases up to 15 months?

Now can I apply for my daughters certificate of entitlement even though I have a British passport application underway? If so are there any disadvantages if I do so?
Secondly how long can this take. Read on ukba anywhere between 10days up to 90days.

Please all info is highly appreciated and will aliviate immense stress.

vinny
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Re: Certificate of Entitlement to the Right of Abode

Post by vinny » Sat Nov 14, 2015 2:45 am

They may require you to cancel the British passport application before issuing the CoE-RoA, as both cannot be held at the same time.

There are no guarantees that the granting of a CoE-RoA will be quick. Some caseworkers have incorrectly refused them to British citizens too.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any 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.

Affy1
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Re: Certificate of Entitlement to the Right of Abode

Post by Affy1 » Wed Nov 18, 2015 11:22 am

Thank you Vinny for that,

Since this post I have received a reply from Liverpool passport office, they are requesting a birth certificate for my daughter issued by the hospital?
I sent one from the counsellor in English to them but they want another? Is this right?
As far I understand hospitals don't issue birth certificates in Pakistan anymore?

Please advise thanks

dimples123
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Re: Certificate of Entitlement to the Right of Abode

Post by dimples123 » Sun Nov 29, 2015 11:49 am

Affy1 wrote:Thank you Vinny for that,

Since this post I have received a reply from Liverpool passport office, they are requesting a birth certificate for my daughter issued by the hospital?
I sent one from the counsellor in English to them but they want another? Is this right?
As far I understand hospitals don't issue birth certificates in Pakistan anymore?

Please advise thanks
Affy1 did you receive the reply for the certificate of entitlement or for the passport?

Affy1
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Re: Certificate of Entitlement to the Right of Abode

Post by Affy1 » Tue Dec 08, 2015 8:27 pm

Reply was for daughters passport. Has anyone got any info regarding the request made by liverpool for a seconday birth certificate.??

lynxukauq
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Re: Certificate of Entitlement to the Right of Abode

Post by lynxukauq » Tue Dec 08, 2015 8:46 pm

Affy1 wrote:Thank you Vinny for that,

Since this post I have received a reply from Liverpool passport office, they are requesting a birth certificate for my daughter issued by the hospital?
I sent one from the counsellor in English to them but they want another? Is this right?
As far I understand hospitals don't issue birth certificates in Pakistan anymore?

Please advise thanks
My daughter was born in lahore at Hamid Latif Hospital and they issued her birth certificate which we took to Nadra to get B-form. We used these documents to apply for her ROA which took us 10 days.

If you search under my post i have detailed out thorough process including documents required.

lynxukauq
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Re: Certificate of Entitlement to the Right of Abode

Post by lynxukauq » Tue Dec 08, 2015 9:10 pm

Here is the link

ROA from Pakistan

KWaterson
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Re: Certificate of Entitlement to the Right of Abode

Post by KWaterson » Tue Feb 09, 2016 8:51 am

The documents you supply, do they all need to be original? do you need to supply copies aswell?

sajan patel
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Re: Certificate of Entitlement to the Right of Abode

Post by sajan patel » Mon Jun 27, 2016 5:20 pm

Could anyone here please guide me on how to apply for the COE-RoA, because when i go to the application its asking me to apply for a visa with this.

EverywhereExPat
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Re: Certificate of Entitlement to the Right of Abode

Post by EverywhereExPat » Fri Jul 08, 2016 11:11 pm

I have a current CoE-RoA in my Australian passport based on a British-born mother. I've read that I can be registered as a British Citizen based on this certificate. As far as I can tell this consists of making a UKM application. As my mother died 20 years ago I certainly don't have her British passport (and I'm not even sure she had one) although I do have a certified copy of her long-form birth certificate along with her marriage certificate, which I used for my most recent CoE-RoA

However if it's a UKM application I'm confused about the fees. When I investigated this route a few years ago it seemed to me that the fees were several hundred pounds. However the latest fee schedule I can find only mentions UKM in the context of an 80-pound fee which I've read elsewhere is the "ceremony" fee. Does that mean (assuming I use the UKM route) there is no other fee to pay?

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Re: Certificate of Entitlement to the Right of Abode

Post by ohara » Fri Jul 08, 2016 11:20 pm

EverywhereExPat wrote:I have a current CoE-RoA in my Australian passport based on a British-born mother. I've read that I can be registered as a British Citizen based on this certificate. As far as I can tell this consists of making a UKM application. As my mother died 20 years ago I certainly don't have her British passport (and I'm not even sure she had one) although I do have a certified copy of her long-form birth certificate along with her marriage certificate, which I used for my most recent CoE-RoA

However if it's a UKM application I'm confused about the fees. When I investigated this route a few years ago it seemed to me that the fees were several hundred pounds. However the latest fee schedule I can find only mentions UKM in the context of an 80-pound fee which I've read elsewhere is the "ceremony" fee. Does that mean (assuming I use the UKM route) there is no other fee to pay?

What year were you born in?

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