Possible Eligibility for Right of Abode?

I am trying to verify my eligibility for citizenship for via Immigration act 1971 section 2(1)(c)

A CUKC who was ordinarily resident in the UK for any continuous period of 5 years before 31 Dec 1982 (time spent subject to immigration conditions can be included but the conditions must have been removed before completion of the 5 years)

My Father was born in the 1950’s in then the colony of Nigeria (before it became independent in 1960), arrived in the UK in 1976 on a Nigerian “Commonwealth” passport and was ordinarily resident (Studying and worked) till the end of 1984 (8 years). The passport contains all home office stamps to indicate this, also his educational certificates and national insurance contributions would back this up.
I was born in the UK in 1984, after the British National Act of 1981 came into force (on 1st January 1983) which took away birth-right citizenship for persons born in the UK.
I have checked and I can’t see anything that states he had settled status in the passport as the stamps carried on until 1984. He wasn’t aware of this provision in the law for ROA as the home-office never provided information to state that he qualified as you can imagine information isn’t as available back then as it is now.

From my investigation on based on the FORM ROA Guidance on www.gov.uk website, the documents requested for I can provide.

• Evidence of citizenship of the UK and
Colonies, for example a passport or
certificate of naturalisation or registration,
and
• Evidence of settlement and 5 years ordinary
residence in the UK before 1983, for
example a passport, P60s, details of
National Insurance contributions, DSS

Applicant’s full birth certificate or adoption
certificate,
• Parents’ marriage certificate (if claiming
through father and applicant born before 1
July 2006), and
• Parents’ full birth certificate, adoption,
registration or naturalisation certificate



Just to provide a bit more context, I am applying from the UK and I have been resident here for about 18 years and trying to regularise my status. My family and I left the UK at the beginning of 1985. We have since all made our way back to the UK, my dad and mom have both achieved citizenship through different routes. I was 18 years, when I came back to the UK and my parents gained citizenship when I was well over 18 years.

What I am trying to find out is:
• Would I qualify for right of abode based on my father’s legal residency In the UK, which he would have qualified for in 1981 before my birth in 1984?

• Would it be advisable to make an ROA application despite the settled status obstacle?

It is unlikely that you or your parents would have acquired Right of Abode.

InterestedMember wrote: ↑

Thu Jan 21, 2021 7:26 pm

My Father was born in the 1950’s in then the colony of Nigeria (before it became independent in 1960)

Your father was almost certainly born with CUKC status. However, when Nigeria became independent, he would have lost his CUKC status automatically if he became a citizen of Nigeria on independence and he, his father and his father's father were born in Nigeria (Section 2(2) of the Nigeria Independence Act 1960).

InterestedMember wrote: ↑

Thu Jan 21, 2021 7:26 pm

arrived in the UK in 1976 on a Nigerian “Commonwealth” passport and was ordinarily resident (Studying and worked) till the end of 1984 (8 years).

If he was not a CUKC, your father could not have acquired Right of Abode through five years residence in the UK. That provision (Section 2(1)(c) of the Immigration Act 1971) applied only to CUKCs, not to Commonwealth citizens.

The fact that he traveled to the UK on a Nigerian passport and not on a CUKC passport ("The passport contains all home office stamps to indicate this") seems to indicate to me that he was not a CUKC with Right of Abode when you were born.

InterestedMember wrote: ↑

Thu Jan 21, 2021 7:26 pm

I have checked and I can’t see anything that states he had settled status in the passport as the stamps carried on until 1984

You may want to have a look at the stamps again. The stamps would have said something on the lines of "being able to live in the UK without any restrictions under the Immigration Act 1971" or "without immigration restrictions" or without any limit on the length of stay, etc. It is extremely unlikely that it would have said "settled status" or words to that effect.

If you find any such stamps as listed above, attach an image (taking out all personally identifiable information) to this thread and we may be able to guide you further.

Frontier Mole wrote: ↑

Fri Jan 22, 2021 10:19 am

When your family members returned to the UK what nationality passports did they use?
Have either of your parents managed to claim citizenship based on your claim, it would appear not. Therefore their right to remain and thereafter by whatever means they have gained citizenship will by default exclude you from a right of abode claim.

Because something could have happened in hindsight and there could have been a different outcome will not sway a caseworker nor a court.
The defence of ignorance of the law of your parents that might have given you rights now is not a Home Office issue.

I have seen similar cases argued for Jamaicans in the past, all without success.

My parents both returned on Nigerian passports and my older sibling a British passport (born before 1983 when then law changed) any yes both parents are British now.

InterestedMember wrote: ↑

Sat Jan 23, 2021 7:29 pm

yes both parents are British now.

Irrelevant. The crucial question was the status of the parents at the time of your birth.

InterestedMember wrote: ↑

Sat Jan 23, 2021 7:29 pm

my older sibling a British passport (born before 1983 when then law changed)

Similar to a Nigerian work colleague of mine, who was born in the UK before 1983. He has a British passport since childhood, but neither his elder nor younger siblings do as they were born in Nigeria. But that is the way the cookie crumbles.

secret.simon wrote: ↑

Fri Jan 22, 2021 4:32 pm

It is unlikely that you or your parents would have acquired Right of Abode.

InterestedMember wrote: ↑

Thu Jan 21, 2021 7:26 pm

My Father was born in the 1950’s in then the colony of Nigeria (before it became independent in 1960)

Your father was almost certainly born with CUKC status. However, when Nigeria became independent, he would have lost his CUKC status automatically if he became a citizen of Nigeria on independence and he, his father and his father's father were born in Nigeria (Section 2(2) of the Nigeria Independence Act 1960).

InterestedMember wrote: ↑

Thu Jan 21, 2021 7:26 pm

arrived in the UK in 1976 on a Nigerian “Commonwealth” passport and was ordinarily resident (Studying and worked) till the end of 1984 (8 years).

If he was not a CUKC, your father could not have acquired Right of Abode through five years residence in the UK. That provision (Section 2(1)(c) of the Immigration Act 1971) applied only to CUKCs, not to Commonwealth citizens.

The fact that he traveled to the UK on a Nigerian passport and not on a CUKC passport ("The passport contains all home office stamps to indicate this") seems to indicate to me that he was not a CUKC with Right of Abode when you were born.

InterestedMember wrote: ↑

Thu Jan 21, 2021 7:26 pm

I have checked and I can’t see anything that states he had settled status in the passport as the stamps carried on until 1984

You may want to have a look at the stamps again. The stamps would have said something on the lines of "being able to live in the UK without any restrictions under the Immigration Act 1971" or "without immigration restrictions" or without any limit on the length of stay, etc. It is extremely unlikely that it would have said "settled status" or words to that effect.

If you find any such stamps as listed above, attach an image (taking out all personally identifiable information) to this thread and we may be able to guide you further.

I have checked and all the home office stamps look the same and it says "Leave to remain in the UK on condition that the holder does not engage in or change employment paid or unpaid without the consent of the secretary of state...." but nothing like what you described above.

According to my dad, there was freedom of movement between commonwealth countries till 31/12/1982 similar to how it was with the EU till 31/12/2020.

Understanding the naturalisation laws then under the immigration act of 1971 and the qualifying criteria especially in relation to commonwealth citizens is the key.

Thanks for the detailed response.

InterestedMember wrote: ↑

Sat Jan 23, 2021 11:08 pm

According to my dad, there was freedom of movement between commonwealth countries till 31/12/1982 similar to how it was with the EU till 31/12/2020.

Not quite freedom of movement and not till 1983 (rules started getting tighter since 1962 and were much tighter in the late 1970s compared to the 1950s, for example). Commonwealth citizens were still issued visas with specific conditions, as your father's passports show (unlike EEA citizens, whose passports could not be stamped because Freedom of Movement precluded it).

However, immigration regulation was considerably lighter and it was easier for Commonwealth citizens to acquire British citizenship (by registration rather than by naturalisation). Indeed, we still have a remnant of that closer relationship between the UK and Commonwealth citizens in that Commonwealth citizens resident in the UK on a non-visit visa can vote in all elections in the UK.

InterestedMember wrote: ↑

Sat Jan 23, 2021 11:08 pm

Understanding the naturalisation laws then under the immigration act of 1971 and the qualifying criteria especially in relation to commonwealth citizens is the key.

Here is some light reading for you

History of the Immigration Acts
History of British nationality
British Nationality Acts
British Nationality Act 1948 (as enacted)
Immigration Act 1971 (as enacted) - Pay particular attention to Section 2
British Nationality Act 1981