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passing on right of abode

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badmaash
Member
Posts: 200
Joined: Wed Aug 01, 2007 8:50 pm

passing on right of abode

Post by badmaash » Wed Aug 15, 2007 2:33 pm

their is a person born to a british parent and other parent is not british
in brunei

he has right of abode in brunei passport
but he has never applied for and does not want british nationality so if he has a child outside the uk can he pass his ROB TO HIS CHILD?

and if he gives birth to a child in the uk can he pass he ROB TO HIS CHILD ?

Christophe
Diamond Member
Posts: 1204
Joined: Tue Jul 04, 2006 5:54 pm

Re: passing on right of abode

Post by Christophe » Wed Aug 15, 2007 3:47 pm

badmaash wrote:their is a person born to a british parent and other parent is not british
in brunei

he has right of abode in brunei passport
but he has never applied for and does not want british nationality so if he has a child outside the uk can he pass his ROB TO HIS CHILD?

and if he gives birth to a child in the uk can he pass he ROB TO HIS CHILD ?
Is the British parent a British citizen under British law? (The fact that he might not want British nationality and has never, say, had a British passport doesn't alter his status under British law one way or the other.)

If the British parent is a British citizen otherwise than by descent (i.e. by virture of birth in the UK in this case, since presumably a past naturalisation is not in the equation here, based on what you say), then his or her child is almost certainly British by descent. If the British parent is a British citizen by descent, then things become more complicated.

If the British parent has the right of abode in the UK but is not a British citizen, then a child born outside the UK will not have the right of abode. A child born in the UK to such a person is, however, a British citizen by birth.

So, on what basis does the parent have the right of abode? The answer to that question will determine a lot of the answers.

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