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entitlement certificate to right of abode

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

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Salxxx
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Posts: 7
Joined: Thu May 09, 2013 5:43 pm

entitlement certificate to right of abode

Post by Salxxx » Thu May 16, 2013 9:59 am

hi
i have a client that has an entitlement cert of right of abode. Confused as the cert states valid from decemeber 2012 to june 2013. Is this possible as i thought the cert would be valid for the whole period of the non british passport validity.
Also can this person who has this cert apply for (1) a british passport and (2) to sponsor his children to come to the UK.
After reasearch i would have thought no because he will have to apply for naturalisation. He cant do this as he has only been here for 2 months. I assume he would have to have lived here for 5 years to apply to sponsor his child, after he has gained naturalisation. And also that means he cannot currebntly apply for a british passport.
By the way the cert of entitlement states s1(2)(a) of BNA 1971 so that woud mean he is a british citizen
Thanks
Please help if you can

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 9:30 am
Location: Brasil

Post by Lucapooka » Thu May 16, 2013 10:06 am

Why don't you advise your client that you don't have the professional knowledge to serve him; that would be the appropriate action in this case? I wonder if he knows he can ask these questions for free in this community rather than paying you to ask them for him?

Salxxx
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Posts: 7
Joined: Thu May 09, 2013 5:43 pm

Post by Salxxx » Thu May 16, 2013 10:52 am

this is free advice
thanks

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 9:30 am
Location: Brasil

Post by Lucapooka » Thu May 16, 2013 11:22 am

Does not matter if it's free. Clearly you don't know so should decline the brief. You client thinks you do know and trusts your judgement when, in reality, the answer might have been given to you by a window cleaner on a public forum!

Salxxx
Newly Registered
Posts: 7
Joined: Thu May 09, 2013 5:43 pm

Post by Salxxx » Thu May 16, 2013 12:44 pm

This is just getting an opinion if someone has come across a similar issue. I know this forum is not legislation. So I do know that it's not something I could rely on on its own.

But thanks for your window cleaning comments

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 9:30 am
Location: Brasil

Post by Lucapooka » Thu May 16, 2013 12:52 pm

The underlying issue is that you are an immigration advisor and we only have your word (which is worthless) that you are not charging for this information. People post comments in this community to be helpful to others who are in distress rather than fill in the knowledge gap and increase the tax base of ill-informed immigration advisors, and the notion that the information they impart is being exploited for commercial purposes and is passed-off as being the knowledge of the vendor is outside the spirit of this community.

Christophe
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Posts: 1204
Joined: Tue Jul 04, 2006 4:54 pm

Re: entitlement certificate to right of abode

Post by Christophe » Sat May 18, 2013 10:06 pm

Salxxx wrote: By the way the cert of entitlement states s1(2)(a) of BNA 1971 so that woud mean he is a british citizen
If that's the case and he is as you say a British citizen, it means that he can apply for a British passport. How long he has been in the UK or even whether or not he has ever been in the UK is not relevant.

However, what is his other nationality? Application for a British passport might affect that, in practice, depending on the nationality laws of that country.
Last edited by Christophe on Sun May 19, 2013 10:49 am, edited 1 time in total.

vinny
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Joined: Tue Sep 25, 2007 7:58 pm

Re: entitlement certificate to right of abode

Post by vinny » Sat May 18, 2013 10:35 pm

Salxxx wrote: hi
i have a client that has an entitlement cert of right of abode. Confused as the cert states valid from decemeber 2012 to june 2013. Is this possible as i thought the cert would be valid for the whole period of the non british passport validity.
Also can this person who has this cert apply for (1) a british passport and (2) to sponsor his children to come to the UK.
After reasearch i would have thought no because he will have to apply for naturalisation. He cant do this as he has only been here for 2 months. I assume he would have to have lived here for 5 years to apply to sponsor his child, after he has gained naturalisation. And also that means he cannot currebntly apply for a british passport.
By the way the cert of entitlement states s1(2)(a) of BNA 1971 so that woud mean he is a british citizen
Thanks
Please help if you can
Do double check your facts. For example, what is "s1(2)(a) of BNA 1971"? This, and other inconsistencies, makes the Certificate of Entitlement to the Right of Abode's authenticity, and holder's entitlement to British citizenship, doubtful. It would be better if your client presents the correct facts and personally asked the questions.
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