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Naturalisation route for ROA holder

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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AusJohn
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Naturalisation route for ROA holder

Post by AusJohn » Tue Nov 05, 2019 1:51 pm

Hi,

Hello my name is John, I currently have right of abode status on my passport to live in the UK as my mother is a British citizen. Have just moved in to the UK 6 months ago with my son who's currently on a 3 years student visa. Would appreciate your response to the below;

1. Can I apply for Naturalisation in the UK now? If not when can i apply? Reckon I'll need to complete form AN.
2. Would I need to complete the Life in the UK test to enable me Naturalise?
3. Can my Son apply for Right of abode under me or should I go via grandparent route since my mother is British.

Would appreciate your guidance on the above questions.

Regards
John

vinny
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Re: Naturalisation route for ROA holder

Post by vinny » Tue Nov 05, 2019 2:19 pm

When and where were you born?
When and where was your mother born?
Was your mother British when you were born?
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.

AusJohn
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Re: Naturalisation route for ROA holder

Post by AusJohn » Tue Nov 05, 2019 2:25 pm

Hi.

Thanks for responding promptly. Pls refer to my email below

When and where were you born? Born in Ghana, 1986
When and where was your mother born? Mother born in UK, 1961
Was your mother British when you were born? Yes, Mother was British when I was born.

vinny
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Re: Naturalisation route for ROA holder

Post by vinny » Tue Nov 05, 2019 3:12 pm

It appears that you are automatically British by descent. Therefore, you cannnot naturalise.

Where is your son's mother? Is she with you? How old is your son?

After your son resides in the UK for at least 3 years while under 18, then he may be entitled to register under Section 3(5 or 6), if he satisfies the requirements.
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.

AusJohn
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Re: Naturalisation route for ROA holder

Post by AusJohn » Tue Nov 05, 2019 8:56 pm

Thanks for your response.

What form do I need to apply for British by descent?

The mother is in Ghana. Planning to join us much later. My son is 12yrs now. Can I apply via grandparent since my mother is British.

Regards

vinny
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Re: Naturalisation route for ROA holder

Post by vinny » Wed Nov 06, 2019 12:02 am

AusJohn wrote:
Tue Nov 05, 2019 8:56 pm
What form do I need to apply for British by descent?
For your son? Have you previously lived in the UK for at least 3 years prior to his birth? Were you or your mother in the British Crown service?

If his mother joins him and lives with both of you for at least 3 years in the UK before he’s 18, then he would be entitled to register.

See also 3.2 British citizenship by descent

Else, after 18, he may return to Ghana and apply for an ancestry entry clearance. One year after ILR, he may naturalise.

I’m unsure if he qualifies directly via his Grandmother.
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.

secret.simon
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Re: Naturalisation route for ROA holder

Post by secret.simon » Wed Nov 06, 2019 2:48 pm

vinny wrote:
Wed Nov 06, 2019 12:02 am
I’m unsure if he qualifies directly via his Grandmother.
There is no direct way to claim British citizenship via a grandparent.
AusJohn wrote:
Tue Nov 05, 2019 8:56 pm
What form do I need to apply for British by descent?
You apply directly for a British passport with your birth certificate and your mother's UK birth certificate (and possibly your parents' marriage certificate).
vinny wrote:
Wed Nov 06, 2019 12:02 am
Have you previously lived in the UK for at least 3 years prior to his birth? Were you or your mother in the British Crown service?
These are the important questions.

If you have lived in the UK for any three continuous years prior to the birth of the child, then the child is entitled to register as a British citizen under Section 3.2, which Vinny has linked to above.

If you have not, then the best way forward is for the child to move to the UK on an Ancestry visa (presumably after they have finished their studies as the Ancestry visa is a work visa), apply for ILR after five years and then naturalise as a British citizen after a further year.
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.

AusJohn
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Re: Naturalisation route for ROA holder

Post by AusJohn » Fri Nov 08, 2019 3:32 pm

Many thanks for the insight so much appreciated. Will definitely keep you posted with the progress made.

Regards

John

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