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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

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Meethal
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Certificate of Entitlement to the Right of Abode

Post by Meethal » Thu Feb 06, 2020 8:27 am

Dear Immigrationboard Team
My maternal grandfather was born in India on 1927.He registered as British citizen from Singapore on 1954 and later he had registered as British citizen from London on 1966.while he was at Singapore in 1958 he works under British Crown service as Army Depot Police.My mother who born in India on 1960 was CUKC descent by birth and acquired certificate of Ent to ROA by BNA section 2(1)(a) on 2009.My Elder brother who born in India on 1981 acquired ROA by BNA section 2(1)(b) on 2012.I was born in India on 1993.Is there any possible claim for me to have ROA visa or Ancestry visa route through my grandparent or mother.

Thanks

secret.simon
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Re: Certificate of Entitlement to the Right of Abode

Post by secret.simon » Thu Feb 06, 2020 2:03 pm

Are you sure that your mother and elder brother were issued CoE-RoA under the British Nationality Act 1981 or were they issued under the same sections in the Immigration Act 1971 (different laws and different requirements)?

Your mother would have been a CUKC by descent with Right of Abode in the UK and therefore is a British citizen by descent herself.

Where were your brother and you born?
Meethal wrote:
Thu Feb 06, 2020 8:27 am
My mother who born in India on 1960 was CUKC descent by birth and acquired certificate of Ent to ROA by BNA section 2(1)(a) on 2009.
(the following paragraphs are made on the assumption that the CoE-RoA were issued under the the same sections of the Immigration Act 1971, not the BNA 1981.)

Section 2(1)(a) of the Immigration Act 1971 refers to a person who were themselves born, naturalised or registered in the UK.

You mentioned that your mother was born in 1960 and that your grandfather was registered as a British citizen in 1966. Did your mother accompany your grandfather to the UK and was she registered as a CUKC in the UK herself? She may either have been mentioned on your grandfather's registration certificate or have a registration certificate of her own. If she was registered herself, then she may be a British citizen otherwise than by descent and you may already be a British citizen by descent yourself. That all depends on whether your mother was registered as a British citizen in the UK herself.

You can contact the National Archives in Kew to see if they have a copy of your grandfather's (and hopefully your mother's) registration certificates, if you do not already have them.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Meethal
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Re: Certificate of Entitlement to the Right of Abode

Post by Meethal » Thu Feb 06, 2020 5:58 pm

Thank you for your quick reply secret.simon.

As i mentioned my grandfather was first registered as british citizen in singapore on 1954(BNA 1948) and hold a British Passport issued in singapore.
We have a copy of registration details provided by British Deputy High Commission Chennai.
Laterly he moved to the UK and registered as British citizen second time in London in the year 1966we have the original registration certificate.
My mother havent registered as a CUKC in the UK herself she applied for CoE-RoA in the year 2009,with the application she also provided both the registration certificate of grandfather and the application was granded under section 2(1)(a) (BNA 1971).
I was born in Indian on 1993 and brother was born in India on 1981 he was granded CoE-RoA under section 2(1)(b)(ii).The (ii) was missed mistakenly before,sorry for that. I am not sure about the BNA act.

Thanks

secret.simon
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Re: Certificate of Entitlement to the Right of Abode

Post by secret.simon » Thu Feb 06, 2020 6:25 pm

Meethal wrote:
Thu Feb 06, 2020 5:58 pm
my grandfather was first registered as british citizen in singapore on 1954(BNA 1948) and hold a British Passport issued in singapore.
This is, to an extent, irrelevant. The Immigration Act focuses on those born, naturalised or registered in the UK itself, not the former colonies.
Meethal wrote:
Thu Feb 06, 2020 5:58 pm
we have the original registration certificate.My mother havent registered as a CUKC in the UK herself
Is she mentioned on the certificate herself? The sections of the law that you quote align more precisely with those of the Immigration Act 1971, rather than the BNA 1981 and I therefore suspect that your mother was registered herself as well.

Can you post a link to a scanned copy of your grandfather's UK registration certificate (blanking out or otherwise redacting all personally identifiable information)?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Meethal
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Re: Certificate of Entitlement to the Right of Abode

Post by Meethal » Thu Feb 06, 2020 7:43 pm

Dear secret.simon

My mother was not mentioned in the certificate.
Please find the attached copy of registration details of grandfather.

https://ibb.co/r7XnpYV

Meethal
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Re: Certificate of Entitlement to the Right of Abode

Post by Meethal » Sun Feb 09, 2020 3:34 pm

Dear secret.simon

I am not expert about this matter.
Can You help me out.?

Thanks

secret.simon
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Re: Certificate of Entitlement to the Right of Abode

Post by secret.simon » Fri Feb 14, 2020 10:57 pm

Hi Meethal,

I think that you should apply for a CoE-RoA with the same proof that your brother used.

However, be aware that as the laws on nationality changed in 1983, it is possible that you may be refused.

If you succeed, it may also be worth trying for a British passport (again, no guarantee of success).
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

vinny
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Re: Certificate of Entitlement to the Right of Abode

Post by vinny » Sat Feb 15, 2020 5:33 am

secret.simon wrote:
Fri Feb 14, 2020 10:57 pm
However, be aware that as the laws on nationality changed in 1983, it is possible that you may be refused.
vinny wrote:
Tue Dec 16, 2014 2:02 am

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.
Briefing: what is the ‘right of abode’ in UK immigration and nationality law?
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.
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secret.simon
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Re: Certificate of Entitlement to the Right of Abode

Post by secret.simon » Sat Feb 15, 2020 12:29 pm

@vinny, based on the sections of the law that the OP is quoting, I suspect that the mother was registered herself as a CUKC and that therefore the OP is likely a British citizen by descent. Thence my suggestion to make the application for a CoE-RoA, and if successful, for a British passport.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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Re: Certificate of Entitlement to the Right of Abode

Post by vinny » Sat Feb 15, 2020 2:24 pm

Wouldn’t a British passport application be cheaper?
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.

Meethal
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Re: Certificate of Entitlement to the Right of Abode

Post by Meethal » Mon Feb 17, 2020 10:45 am

Dear secret.simon

I am sure that my mother was not registered as CUKC,she is CUKC by descent.
As i was born after 1983 what section will be applicable for me to make CoE-RoA application.
Or can i make a application on ancestry visa catagory.

Thanks

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CR001
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Re: Certificate of Entitlement to the Right of Abode

Post by CR001 » Mon Feb 17, 2020 11:09 am

Meethal wrote:
Mon Feb 17, 2020 10:45 am
Or can i make a application on ancestry visa catagory.
For an Ancestry visa, it only applies if you have a grandparent who was born in the UK. This doesn't seem to be the case if your grandfather was born in India.
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Meethal
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Re: Certificate of Entitlement to the Right of Abode

Post by Meethal » Tue Feb 18, 2020 2:38 am

@cr001

Grandfather was born in India under British protected state(colony),
Before 1947
So by birth he is British subject
Which is stated in his first British passport issued in singapore.
But we doesnt have a copy of birth certificate.

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Re: Certificate of Entitlement to the Right of Abode

Post by CR001 » Tue Feb 18, 2020 6:49 am

Meethal wrote:
Tue Feb 18, 2020 2:38 am
@cr001

Grandfather was born in India under British protected state(colony),
Before 1947
So by birth he is British subject
Which is stated in his first British passport issued in singapore.
But we doesnt have a copy of birth certificate.
Unfortunately that doesn't count. The grandparent MUST have been born in the UK (England, Scotland, Wales or northern Ireland). Being born in British protected state is not the same.
Char (CR001 not Casa)
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Meethal
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Re: Certificate of Entitlement to the Right of Abode

Post by Meethal » Tue Feb 18, 2020 7:25 am

@cr001

Fine,
What about if grandparent worked under crown service.is there any catagory under it.

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CR001
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Re: Certificate of Entitlement to the Right of Abode

Post by CR001 » Tue Feb 18, 2020 8:04 am

Meethal wrote:
Tue Feb 18, 2020 7:25 am
@cr001

Fine,
What about if grandparent worked under crown service.is there any catagory under it.
Still doesn't qualify you for an ancestry visa. It has to be UK born grandparent and you have to have the evidence to prove it.
Char (CR001 not Casa)
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Re: Certificate of Entitlement to the Right of Abode

Post by vinny » Tue Feb 18, 2020 9:54 am

Meethal wrote:
Tue Feb 18, 2020 7:25 am
@cr001

Fine,
What about if grandparent worked under crown service.is there any catagory under it.
Worth exploring if this made a parent British otherwise than by descent under 14(2).
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.

Meethal
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Re: Certificate of Entitlement to the Right of Abode

Post by Meethal » Sun Feb 23, 2020 7:32 am

@secret.simon,@vinny

We doesnt have a registration document of my mother,Also we are not sure about that my grandfather had registered her birth himself,
(He passed away years back)

While applied for CoE-RoA on 2009 she was granted it under the section 2(1)(a).

As section 2(1)(a) of the Immigration Act 1971 refers to a person who were themselves born, naturalised or registered in the UK.

I had also given a search of registration details of mother in "nationalarchives" but no positive result from there.

I wish to apply for CoE-RoA coming month
can i submit a copy of her CoE stamp as a supporting document with my application.
Or is there any other method to find the evidence of her registration (we are not sure whether she was registered or not)

Thanks

vinny
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Re: Certificate of Entitlement to the Right of Abode

Post by vinny » Sun Feb 23, 2020 2:01 pm

vinny wrote:
Tue Dec 16, 2014 2:02 am
2(1)(a) is true, if the applicant is British (*).
The question becomes: Was your mother British otherwise than by descent or British by descent?

If the former, then you are British (by descent).
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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