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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 pmMy Father was born in the 1950’s in then the colony of Nigeria (before it became independent in 1960)
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.InterestedMember wrote: ↑Thu Jan 21, 2021 7:26 pmarrived in the UK in 1976 on a Nigerian “Commonwealth” passport and was ordinarily resident (Studying and worked) till the end of 1984 (8 years).
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.InterestedMember wrote: ↑Thu Jan 21, 2021 7:26 pmI have checked and I can’t see anything that states he had settled status in the passport as the stamps carried on until 1984
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.Frontier Mole wrote: ↑Fri Jan 22, 2021 10:19 amWhen 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.
Irrelevant. The crucial question was the status of the parents at the time of your birth.
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.InterestedMember wrote: ↑Sat Jan 23, 2021 7:29 pmmy older sibling a British passport (born before 1983 when then law changed)
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.secret.simon wrote: ↑Fri Jan 22, 2021 4:32 pmIt is unlikely that you or your parents would have acquired Right of Abode.
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 pmMy Father was born in the 1950’s in then the colony of Nigeria (before it became independent in 1960)
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.InterestedMember wrote: ↑Thu Jan 21, 2021 7:26 pmarrived 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 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.
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.InterestedMember wrote: ↑Thu Jan 21, 2021 7:26 pmI have checked and I can’t see anything that states he had settled status in the passport as the stamps carried on until 1984
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.
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).InterestedMember wrote: ↑Sat Jan 23, 2021 11:08 pmAccording 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.
Here is some light reading for youInterestedMember wrote: ↑Sat Jan 23, 2021 11:08 pmUnderstanding the naturalisation laws then under the immigration act of 1971 and the qualifying criteria especially in relation to commonwealth citizens is the key.