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RoA CoE for a British citizen child born in India

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, meself2, geriatrix, John, ChetanOjha, archigabe

naveenk
Junior Member
Posts: 83
Joined: Mon Jan 25, 2016 4:03 pm

Re: Right to Abode for Baby born in India for British citize

Post by naveenk » Fri Jan 29, 2016 9:30 am

Hi Sri,

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

Regards.

shrikant124
Junior Member
Posts: 53
Joined: Sun May 13, 2012 11:55 am

Re: Right to Abode for Baby born in India for British citize

Post by shrikant124 » Fri Jan 29, 2016 12:32 pm

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)

shrikant124
Junior Member
Posts: 53
Joined: Sun May 13, 2012 11:55 am

Re: Right to Abode for Baby born in India for British citize

Post by shrikant124 » Fri Jan 29, 2016 4:44 pm

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)
Last edited by shrikant124 on Fri Jan 29, 2016 4:51 pm, edited 1 time in total.

naveenk
Junior Member
Posts: 83
Joined: Mon Jan 25, 2016 4:03 pm

Re: Right to Abode for Baby born in India for British citize

Post by naveenk » Fri Jan 29, 2016 4:47 pm

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.

naveenk
Junior Member
Posts: 83
Joined: Mon Jan 25, 2016 4:03 pm

Re: Right to Abode for Baby born in India for British citize

Post by naveenk » Fri Jan 29, 2016 4:52 pm

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 :(

shrikant124
Junior Member
Posts: 53
Joined: Sun May 13, 2012 11:55 am

Re: Right to Abode for Baby born in India for British citize

Post by shrikant124 » Fri Jan 29, 2016 5:00 pm

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.

naveenk
Junior Member
Posts: 83
Joined: Mon Jan 25, 2016 4:03 pm

Re: Right to Abode for Baby born in India for British citize

Post by naveenk » Mon Feb 01, 2016 6:56 pm

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 ?

vinny
Moderator
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Re: Right to Abode for Baby born in India for British citize

Post by vinny » Mon Feb 01, 2016 10:05 pm

naveenk wrote:Being out of UK affects her ILR status ?
She is subject to the Returning residents provisions.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given 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.

naveenk
Junior Member
Posts: 83
Joined: Mon Jan 25, 2016 4:03 pm

Re: Right to Abode for Baby born in India for British citize

Post by naveenk » Tue Feb 02, 2016 9:49 am

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.

shrikant124
Junior Member
Posts: 53
Joined: Sun May 13, 2012 11:55 am

Re: Right to Abode for Baby born in India for British citize

Post by shrikant124 » Tue Feb 02, 2016 12:11 pm

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.

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

Re: Right to Abode for Baby born in India for British citize

Post by vinny » Tue Feb 02, 2016 12:48 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given 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.

shrikant124
Junior Member
Posts: 53
Joined: Sun May 13, 2012 11:55 am

Re: Right to Abode for Baby born in India for British citize

Post by shrikant124 » Tue Feb 02, 2016 3:01 pm

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.

naveenk
Junior Member
Posts: 83
Joined: Mon Jan 25, 2016 4:03 pm

Re: Right to Abode for Baby born in India for British citize

Post by naveenk » Tue Feb 02, 2016 6:35 pm

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 :)

shrikant124
Junior Member
Posts: 53
Joined: Sun May 13, 2012 11:55 am

Re: Right to Abode for Baby born in India for British citize

Post by shrikant124 » Tue Feb 02, 2016 9:18 pm

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?

naveenk
Junior Member
Posts: 83
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Re: Right to Abode for Baby born in India for British citize

Post by naveenk » Wed Feb 03, 2016 2:16 pm

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.

shrikant124
Junior Member
Posts: 53
Joined: Sun May 13, 2012 11:55 am

Re: Right to Abode for Baby born in India for British citize

Post by shrikant124 » Wed Feb 03, 2016 2:32 pm

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.

naveenk
Junior Member
Posts: 83
Joined: Mon Jan 25, 2016 4:03 pm

Re: Right to Abode for Baby born in India for British citize

Post by naveenk » Wed Feb 03, 2016 2:34 pm

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.

naveenk
Junior Member
Posts: 83
Joined: Mon Jan 25, 2016 4:03 pm

Re: Right to Abode for Baby born in India for British citize

Post by naveenk » Wed Feb 03, 2016 2:36 pm

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.

shrikant124
Junior Member
Posts: 53
Joined: Sun May 13, 2012 11:55 am

Re: Right to Abode for Baby born in India for British citize

Post by shrikant124 » Wed Feb 03, 2016 3:37 pm

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

shrikant124
Junior Member
Posts: 53
Joined: Sun May 13, 2012 11:55 am

Re: Right to Abode for Baby born in India for British citize

Post by shrikant124 » Wed Feb 03, 2016 8:54 pm

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?

naveenk
Junior Member
Posts: 83
Joined: Mon Jan 25, 2016 4:03 pm

Re: Right to Abode for Baby born in India for British citize

Post by naveenk » Thu Feb 04, 2016 9:08 am

I entered yes. Even if you stay in a rented property it's private property and you are not using any council housing.

shrikant124
Junior Member
Posts: 53
Joined: Sun May 13, 2012 11:55 am

Re: Right to Abode for Baby born in India for British citize

Post by shrikant124 » Thu Feb 04, 2016 10:25 am

naveenk wrote:I entered yes. Even if you stay in a rented property it's private property and you are not using any council housing.
Thanks Naveen!! I've just completed the form.

I've another (probably final) question which might have encountered to you too. I've added my name and address in the section ' Who are you staying with'. In the Relationship option, there is no 'Father' mentioned in it. I've chosen 'Other Relative'. Did you choose same?

naveenk
Junior Member
Posts: 83
Joined: Mon Jan 25, 2016 4:03 pm

Re: Right to Abode for Baby born in India for British citize

Post by naveenk » Thu Feb 04, 2016 10:27 am

Yes Other Relative.

shrikant124
Junior Member
Posts: 53
Joined: Sun May 13, 2012 11:55 am

Re: Right to Abode for Baby born in India for British citize

Post by shrikant124 » Thu Feb 04, 2016 11:35 am

naveenk wrote:Yes Other Relative.
Great thanks!!. I've finished my application. I'll keep you all updating on the progress and final outcome.

naveenk
Junior Member
Posts: 83
Joined: Mon Jan 25, 2016 4:03 pm

Re: Right to Abode for Baby born in India for British citize

Post by naveenk » Thu Feb 04, 2016 11:39 am

All the best :)

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