RoA CoE for a British citizen child born in India

Hi Hima,

Did you submitted laminated marriage certificate when you applied for your daughter's ROA ?

naveenk wrote:Hi Hima,

Did you submitted laminated marriage certificate when you applied for your daughter's ROA ?

My baby's original birth certificate was laminated and my SSC certificate was also laminated. So I don't think a laminated document would be a problem.

Hi Hima02,

Thanks for the clarification.
My son's birth certificate is the original birth certificate from MeeSeva and we used this birth certificate when we applied for his Indian passport.

When we are applying for ROA, along with this birth certificate, do we have to submit the birth certificate from hospital as well ? Or just original birth certificate from MeeSeva is sufficient ?

Regards.

naveenk wrote:Hi Hima02,

Thanks for the clarification.
My son's birth certificate is the original birth certificate from MeeSeva and we used this birth certificate when we applied for his Indian passport.

When we are applying for ROA, along with this birth certificate, do we have to submit the birth certificate from hospital as well ? Or just original birth certificate from MeeSeva is sufficient ?

Regards.

Original birth certificate from mee-seva is sufficient.

naveenk wrote:Hi Hima02,

Thank you very much for generous help and advice.

I met a solicitor who is a relative of my colleague.
He told me affidavit is not required from my wife as my son is making this application based on me being British citizen before he is born.
But still I told my wife to get the affidavit done and ready for safe side as you mentioned we can't take risk.

The solicitor suggested below documents to be taken along with printed application and appointment letter.
- Father British passport certified copy
- Father naturalization certificate original
- Baby original birth certificate
- Original marriage certificate
- Original TB test certificate
- Certified copies of mother's passport & ILR
- Baby photos
- Cover letter from solicitor saying my child is British by descent and has currently Indian passport and he is entitled to right of abode.

He told me bank statements of father not required as finances don't matter for this application. But still my wife will be taking my original bank statements for last 6 months with her in case VFS ask for them.

We are applying in 3rd week of February and hope everything will be alright.

Solicitor also told me my laminated marriage certificate won't be accepted. Did you submit laminated marriage certificate when you applied for your daughter's ROA ?. Please let me know.

Thanks & Best Regards.

Hi Naveen,

how your application did go? I'm in the same situation you were and looking to apply for the ROA for my son.

I was planning to apply for Settlement visa but as per senior member from this forum, the application can be refuse as my son is British by descent already.

Please let me know the outcome and your experience so I can build my strong case.

Thanks
Shri

Hi Sri,

Will let you know once applied.
I understand thr level of anxiety.
I'm going through same situation.

Regards.

naveenk wrote:Hi Sri,

Will let you know once applied.
I understand thr level of anxiety.
I'm going through same situation.

Regards.

Ah, I can see you are in process. I'm preparing an application for my son's ROA. In case, you have any question then let me know too (I may able to help out if there is anything share)

Hi Naveen,

I'm planning to attach a cover letter along with the complete copy of Regulations to the application to explain what basis the application is attached. Ther regulation pdf is at http://www.legislation.gov.uk/uksi/2006 ... 145_en.pdf and cover letter as below what do you think?


To, Date 04-Feb-2016
Entry Clearance Officer,
British Deputy High Commission,
Pune, India

Dear madam/sir,

RE: [FIRST MIDDLE LASTNAME], D.O.B: XX XX XXXX
Right of Abode – Certificate of Entitlement

I write this letter in support of my son ([FIRST MIDDLE LASTNAME]) application for the certificate of entitlement to right of abode in the United Kingdom to travel to UK at the earliest opportunity.

I am a British citizen and have been living continuously in the UK since August 20xx. Being a resident British national, I confirm that I am the father of [FIRST MIDDLE LASTNAME]. My wife, [FIRST MIDDLE LASTNAME] (Indian passport holder: xxxxxx) gave birth to our son, [FIRST MIDDLE LASTNAME], in XXXXXXX India on XX XX XXXX.

My son is claiming British citizenship through me as he has acquired British citizenship by descent under Section 2(1)(a) of British Nationality Act 1981. I have enclosed original copy of my Naturalisation Certificate proving my British Citizenship and also a copy of my British Passport (Passport No: xxxxx) to the application.

I have referred extensively to your “Right of abode supporting document guidance” and have enclosed all the evidence as specified under “The Immigration (Certificate of Entitlement to Right of Abode in the United Kingdom) Regulations 2006”. (Copy enclosed)

Basis of application
Applicant was born outside the United Kingdom and the Falkland Islands on or after 1st January 1983, or outside the United Kingdom and any qualifying British overseas territory on or after 21st May 2002, to a parent born in the United Kingdom or the Falkland Islands (or, on/after 21 May 2002, any qualifying British overseas territory) or to a parent registered or naturalised in the United Kingdom prior to the applicant’s birth
Documents
(i) Applicant’s full birth certificate showing parents’ details;
(ii) Parents’ marriage certificate (if claiming through father); and
(iii) Parents’ full birth certificate, registration or naturalisation certificate

I declare that I take the complete responsibility to support my son during travel and stay in United Kingdom. The application has attached supporting documents of tenancy agreement, employment letter, last 6 months of salary slips and bank statements.

I’m also confirming that, I’ve given my consent to my wife [FIRST MIDDLE LASTNAME] to process the application for my son.

If you need any further information then please contact me at xxxxxx or xxxxxx. I trust you’ll give my son’s application a favourable and early consideration.


Kind Regards,

(xxxxxxx)

The cover letter should tell on what basis you are claiming ROA for your child.

Ex: Father naturalized before child is born and so child is British by descent.

Yes, your cover letter looks good.
I think you don't need to attach bank statements, tenancy agreement for ROA application.
Financials don't matter for this application as long as you pay for child's trip to UK.
I'm no expert but that's just my opinion.
I might be wrong.
Sorry, I am also in a bit of confused state

I've read a similar cover letter on the http://www.immigrationboards.com/britis ... 68559.html .. I think the tenancy agreement reference is optional, I'll remove it. I think you shouldn't confuse yourself too much.. The doc list given by Hima is comprehensive and should be sufficient. The most important is to establish basis of the application.

Hi Hima02,

As you are on ILR, how long have you been out of the UK ?
My wife is also on ILR and is out of UK for many months since she came for delivery in India.

Being out of UK affects her ILR status ?

After getting my son's right of abode approval, she wants to travel with my son to settle in UK with me.

Please let me know how many months were you out of UK ?

Hi Srikant124,

Is your wife in similar situation ? How many months was she out of the UK ?

naveenk wrote:Being out of UK affects her ILR status ?

She is subject to the Returning residents provisions.

Thanks vinny.

My wife was out of UK for 16 months and wants to join me to settle in uk by end of this month.
As UK is her primary home and family here, does she still need a returning resident visa ? I think she might not need visa as she is coming back within 2 years to settle in UK.

naveenk wrote:Thanks vinny.

My wife was out of UK for 16 months and wants to join me to settle in uk by end of this month.
As UK is her primary home and family here, does she still need a returning resident visa ? I think she might not need visa as she is coming back within 2 years to settle in UK.

Naveen, my wife will be away for 16 months too when she travelled to UK. I think we're ok with this as the ILR people can stay outside of UK until 2 years.

18A.

Thanks vinny,

We're good then..18 A says

Returning Residents
18. A person seeking leave to enter the United Kingdom as a returning resident may be admitted for
settlement provided the Immigration Officer is satisfied that the person concerned:
(i)had indefinite leave to enter or remain in the United Kingdom when he last left; and
(ii)has not been away from the United Kingdom for more than 2 years; and
(iii)did not receive assistance from public funds towards the cost of leaving the United Kingdom; and
(iv)now seeks admission for the purpose of settlement.
18A. Those who qualify for admission to the United Kingdom as returning residents in accordance with
paragraph 18 do not need a visa to enter the UK.

Thank you guys. Will let you know the status once ROA is applied.
This forum is very helpful and thanks to all those who kindly provided information which is helping parents like me.
Thank you very much for your kind help

naveenk wrote:Thank you guys. Will let you know the status once ROA is applied.
This forum is very helpful and thanks to all those who kindly provided information which is helping parents like me.
Thank you very much for your kind help

Naveen, did you do x-ray scan of your child for TB certificate?

shrikant124

No, they don't chest x-ray for infants.
I think they did normal TB check and gave us certificate.

Actually for right of abode, TB certificate is not mandatory as TB test is not mandatory for any British citizen (including those by descent).

But still we got the test done and certificate ready.

naveenk wrote:shrikant124

No, they don't chest x-ray for infants.
I think they did normal TB check and gave us certificate.

Actually for right of abode, TB certificate is not mandatory as TB test is not mandatory for any British citizen (including those by descent).

But still we got the test done and certificate ready.

Thanks Naveen!!.. I was bit worried about x-ray scan.

shrikant124,

It's still good to have the normal TB test done in any of approved testing centres for your child.
It's good to carry more documents as Hima mentioned earlier.

https://www.gov.uk/tb-test-visa/overview

Children

All children must see a clinician who’ll decide if they need a chest x-ray. Children under 11 will not normally have a chest x-ray.

You must take your child to an approved clinic and complete a health questionnaire. If the clinician decides your child doesn’t have TB they’ll give you a certificate. Include this certificate with your child’s UK visa application.

phew... I'll have to talk to doctor using this link then.. thanks again!!

Naveen, quick question please..

I've finished the form. I stuck to a point..

what did you fill for the question Are you staying at a private address in the UK? in the section 'Under 18' of the application.

I'm selecting option No. Is this something correct?

I'm living at a rented flat.

vinny, do you have any idea?