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Right of abode application from india

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

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pbs6vas
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Posts: 120
Joined: Tue Nov 10, 2009 5:27 pm

Right of abode application from india

Post by pbs6vas » Sun Nov 15, 2015 9:30 pm

Hi,
Good afternoon. Sorry if it is not right place.

I am British citizen and my wife is uk permanent resident. We are going to India for delivery. We are planning to take Indian passport for the newborn child and apply for Right of Abode from India. After coming back to UK, we would like to apply British citizenship and OCI for the child. I gather it is a complicated process. What documents do I need?

please reply

Kind regards

vinny
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Re: Right of abode application from india

Post by vinny » Sun Nov 15, 2015 11:36 pm

After coming back to UK, we would like to apply British citizenship and OCI for the child.
Note that child may be automatically British and therefore cannot apply for British citizenship.
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.

pbs6vas
Member
Posts: 120
Joined: Tue Nov 10, 2009 5:27 pm

Re: Right of abode application from india

Post by pbs6vas » Wed Nov 18, 2015 8:16 pm

Thank you Vinny. Just gone through the horror stories of other victims of British high commission refusing right of abode.

I just came across these in one of the threads: I would like to include these sections in my covering letter. Are they right sections to refer to. Please correct if anything is not applicable.

He is BRITISH by birth (British citizen ‘by descent’) as per British Nationality Act 1981 section 2(1) a on the basis "Born outside UK after 1983 to a parent who is British citizen 'not by descent'".
http://www.legislation.gov.uk/ukpga/1981/61/section/2

I even verified this by going through the below link
https://www.gov.uk/check-british-citizen

which states "In most cases you’ll be a British citizen ‘by descent’. This means you can gain citizenship from one of your parents, but your own children won’t automatically become British citizens."


I believe he is eligible for Right Of Abode as per immigration act 1971 section 2
http://www.legislation.gov.uk/ukpga/1971/77/section/2

which states
A person is under this Act to have the right of abode in the United Kingdom if—
(a) he is a British citizen and even under The immigration regulations 2006 Regulation 6
http://www.legislation.gov.uk/uksi/2006 ... ion/6/made
which states
6. A certificate of entitlement will only be issued where the appropriate authority is satisfied that the applicant—

(a)has a right of abode in the United Kingdom under section 2(1) of the 1971 Act(1);

(b)is not a person who holds:

(i)a United Kingdom passport describing him as a British citizen,

(ii)a United Kingdom passport describing him as a British subject with the right ofabode in the United Kingdom,

(iii)an ID card issued under the Identity Cards Act 2006(2) describing him as a British citizen, or

(iv)an ID card issued under that Act describing him as a British subject with the rightof abode in the United Kingdom;

(c)is not a person whose exercise of his right of abode is restricted under section 2of the Immigration Act 1988(3) (restrictions on exercise of right of abode in casesof polygamy); and

(d)is not a person who is deprived of his right of abode by an order under section 2A of the 1971 Act(4).

Kindly help.
Many thanks,

secret.simon
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Re: Right of abode application from india

Post by secret.simon » Wed Nov 18, 2015 10:14 pm

Are you British by naturalisation or by being born in the UK yourself? Then your child will be British by descent. S/he will not need to apply for British citizenship. You can apply directly for a British passport (takes between 6 months and a year as per stories on the forums) or for an Indian passport (only if the mother is an Indian citizen) and CoE-RoA (which reportedly tales between 6 & 16 weeks).

All British citizens not issued with a British passport are entitled to a CoE-RoA.

Your references to the legislation seem to be correct.

Also see this thread.
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.

wiqram
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Posts: 47
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Location: United Kingdom

Re: Right of abode application from india

Post by wiqram » Mon Oct 24, 2016 1:49 pm

hello pbs6vas - can you confirm if you were able to succesfully apply for ROA/COE for your child? can you share your experience here please? would be a good guide for me and other in the same position. I am british citizen by naturalisation and my wife is my dependent on FLRm visa. Son born in India last week.

sshanmug
Junior Member
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Re: Right of abode application from india

Post by sshanmug » Tue Nov 29, 2016 2:25 pm

Hi wiqram,

I am planning to apply for RoA in few weeks time. Kindly let me know if you have any information.

It will be useful for both of us.

Thanks,

wiqram
Newbie
Posts: 47
Joined: Sun Jul 03, 2011 8:01 pm
Location: United Kingdom

Re: Right of abode application from india

Post by wiqram » Tue Nov 29, 2016 2:39 pm

OK GUYS, I have no applied for Coe Roa couple of weeks ago. When I get any response I will update this forum.

sshanmug
Junior Member
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Re: Right of abode application from india

Post by sshanmug » Wed Nov 30, 2016 10:15 am

wiqram wrote:OK GUYS, I have no applied for Coe Roa couple of weeks ago. When I get any response I will update this forum.

Great ... Can you please share the document list please? It will be greatly useful for me.

Thanks and Regards,
sshanmug

wiqram
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Posts: 47
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Location: United Kingdom

Re: Right of abode application from india

Post by wiqram » Fri Dec 02, 2016 1:17 pm

Hello All - So i have an update on this now -

I received a text and an email saying that the application has been processed and the docs will be sent via post to my India address. Exactly 2 weeks from the time we applied for COE/ROA we have received the decision (whether they have granted the visa or not is not known yet, but i am going with an assumption that they have granted my 1.5 month old son his ROA).

The list of docs are below, i did not send any other document other than the ones listed below, i.e. no birth certificate for either me or my wife.

If I dont post a response on this thread anymore, it means that the decision was positive. Best of luck for everyone who is planning to go via this route. i personally feel it is better than applying for UK passport from India, which takes stupidly long time of 10-12 months!

Baby's original passport
Baby's full birth certificate
Our marriage certificate
My naturalisation certificate
My employment reference letter
Salary slips for past 3 months
Bank statements for past 3 months
Photocopy of my british passport - All pages
Photocopy of my wife's Indian Passport - All pages
Photocopy of my wife's UK BRP
Cover letter from me
TB Certificate for baby
Pregnancy Medical Records to prove pregnancy
Photos of pre and post pregnancy.
Hospital discharge summary
measure 45 millimetres (mm) high by 35mm wide (the standard size used in photo booths in the UK)
Print out of the application and appointment and payment slip.

haiksuresh
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Re: Right of abode application from india

Post by haiksuresh » Fri Dec 02, 2016 2:53 pm

What was fees for ROA from india ?

ohara
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Re: Right of abode application from india

Post by ohara » Fri Dec 02, 2016 3:22 pm

haiksuresh wrote:What was fees for ROA from india ?
It costs £272 in the UK or £472 from outside the UK.

https://www.gov.uk/right-of-abode/apply ... ntitlement

sshanmug
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Re: Right of abode application from india

Post by sshanmug » Sat Dec 03, 2016 6:55 pm

Thanks for the update wiqram.

All the best.

Thanks and Regards,
Senthil

sshanmug
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Posts: 68
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Re: Right of abode application from india

Post by sshanmug » Tue Jan 03, 2017 12:21 pm

Hi All,

I have applied for the RoA application last week at VFS Chennai and I received a phone call today that the application will be processed only in UK and so they scan the documents and sent it to UK and returned all the originals.

They just hold my daughter's Indian passport.

Does anyone heard of any such thing?

Kindly let me know.

Thanks and Regards,
Senthil

wiqram
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Posts: 47
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Location: United Kingdom

Re: Right of abode application from india

Post by wiqram » Wed Jan 04, 2017 11:19 am

well it was similar to what happened in my case. they held my sons indian passport and other originals too. they also did ask us to have phjoto copies along with originals.

but they returned all docs originals and passport in 2 weeks time after processing ROA.

secret.simon
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Re: Right of abode application from india

Post by secret.simon » Wed Jan 04, 2017 11:41 am

To the mods, should this thread be merged with this thread on the same topic? Both of them are general discussion threads for application of CoE-RoA for British children born in India.
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.

sshanmug
Junior Member
Posts: 68
Joined: Thu Jun 21, 2007 5:22 am

Re: Right of abode application from india

Post by sshanmug » Thu Jan 05, 2017 9:49 am

[quote="wiqram"]well it was similar to what happened in my case. they held my sons indian passport and other originals too. they also did ask us to have phjoto copies along with originals.

but they returned all docs originals and passport in 2 weeks time after processing ROA.[/quote]


Thnaks wiqram.

I found a update in VFS website

http://www.vfsglobal.co.uk/india/pdf/Ne ... rocess.pdf

sshanmug
Junior Member
Posts: 68
Joined: Thu Jun 21, 2007 5:22 am

Re: Right of abode application from india

Post by sshanmug » Sat Feb 18, 2017 1:57 pm

Folks,

My daughter got her RoA today ..thanks for all your help.

It took approximately 7 weeks (50 days)

Best of luck.

Thanks and Regards,
Senthil

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