Baffled! Right Of Abode (ROA) with UK-born grandmother

I've been looking through all the various UK citizenship and immigration legislation - including lots of advice on this forum and elsewhere - but I'm still baffled with finding the answer to my query about who is entitled to Right to Abode (ROA) in the UK.

Here are the facts of the case in brief:

- I was born 1954 in Australia
- Parents both also born in Australia (1920s)
- Maternal grandmother born in London UK 1880s

My reading is that through my maternal grandmother I am automatically entitled to ROA status under the 1971 Immigration Act section 2(1)(b) as it was enacted:

A person is under this Act to have the right of abode in the United Kingdom if—
(b)he is a citizen of the United Kingdom and Colonies born to or legally adopted by a parent who had that citizenship at the time of the birth or adoption, and the parent either—
(i)then had that citizenship by his birth, adoption, naturalisation or (except as mentioned below) registration in the United Kingdom or in any of the Islands; or
(ii)had been born to or legally adopted by a parent who at the time of that birth or adoption so had it

(link: https://www.legislation.gov.uk/ukpga/1971/77/enacted)

i.e. As an Australian I am a citizen of the UK and Colonies (I believe), born to a parent (mother) who was born to a parent (grandmother) who was a UK citizen by birth.

That was as it was enacted back then, but I can't see anything that would have changed it since 1971 as other laws seem to have just confirmed that ROA status or even built on it.

Any experts and legislation nerds want to explain if I am missing something here?!

Thanks.

will883 wrote: ↑

Wed Jun 06, 2018 3:25 am

I've been looking through all the various UK citizenship and immigration legislation - including lots of advice on this forum and elsewhere - but I'm still baffled with finding the answer to my query about who is entitled to Right to Abode (ROA) in the UK.

Here are the facts of the case in brief:

- I was born 1954 in Australia
- Parents both also born in Australia (1920s)
- Maternal grandmother born in London UK 1880s

My reading is that through my maternal grandmother I am automatically entitled to ROA status under the 1971 Immigration Act section 2(1)(b) as it was enacted:

A person is under this Act to have the right of abode in the United Kingdom if—
(b)he is a citizen of the United Kingdom and Colonies born to or legally adopted by a parent who had that citizenship at the time of the birth or adoption, and the parent either—
(i)then had that citizenship by his birth, adoption, naturalisation or (except as mentioned below) registration in the United Kingdom or in any of the Islands; or
(ii)had been born to or legally adopted by a parent who at the time of that birth or adoption so had it

(link: https://www.legislation.gov.uk/ukpga/1971/77/enacted)

i.e. As an Australian I am a citizen of the UK and Colonies (I believe), born to a parent (mother) who was born to a parent (grandmother) who was a UK citizen by birth.

That was as it was enacted back then, but I can't see anything that would have changed it since 1971 as other laws seem to have just confirmed that ROA status or even built on it.

Any experts and legislation nerds want to explain if I am missing something here?!

Thanks.

You are right. You are British citizen and you have to get yur grand mother's birth certificate, your mother's birth certi and your birth cert to apply.

I don't believe the OP has right of abode or claim to British citizenship as the OP is 2 generations removed from the UK.

British nationality law has evolved significantly over the past hundred years and has tended to restrict the right to British nationality rather than expand it.

Also, until 1983, British citizenship generally could only be passed through the male line. Thus, the fact that it is your maternal grandmother who was born in the UK may have meant that CUKC status was lost from your family a long time ago.

Further details of where your paternal ancestors were born may help in advising you further.

I had responded to a similar question a while ago. Go through the links in the response, especially the ones at the bottom, and revert with any further questions.

Hi moderators

I would just like to share my sons right of abode application he was born abroad on 1997
Friend of mine made application on my behalf
For entry clearance at BHC for my wife’s spousal visa and it was granted only thing I am
Confused about is how did my son got CoE to the ROA al I provided is my Colour photo copy British passport and my marriage certificate and all the required documents wedding pictures ETC was submitted by my friend
I didn’t provided my British registration certificate as I don’t have it becouse I was also born abroad came to the uk as a child accompanying parent on settled visa in1980 my father was already CUCKs before I was born was in the uk I got my British passport on 1984
I don’t know how probably my dad made the application I can’t find any records of my registration of British citizenship I can’t ask him becouse he is no more I thinking did I get my uk passport because my father CUCKs
If this is case wouldn’t I be British by descent
If so as I understand it British by descent can’t pass on there status to there children born abroad or I may be British otherwise by descent or may be becouse I came to the uk prior to BNA1981 or my father did register me
Moderators please enlighten me with your comments.

Thank you