Hi all, sorry to jump in here. I can’t find the New Topic button, so posting briefly for guidance. If a mod prefers, I’m happy to move this to a new thread.
Family Background
Me: born 1993 (India)
Sibling: born 1985 (India)
Mother: born 1960 (India)
Maternal grandfather: born 1926 (India)
Grandfather Served in Crown employment (Army Depot Police) in Singapore.
Registered as a CUKC in 1954 under BNA 1948 s.6(1).
Stayed in Singapore until 1961, later naturalised in the UK in 1966.
A 1958 British passport records the Crown-service role.
Tribunal Findings
Mother – First-tier Tribunal (2010)
Appeal after her ROA refusal.
Tribunal accepted grandfather’s 1954 CUKC registration was valid and not lost before 1960.
Found earlier refusal misapplied the law on his status.
Allowed her Right of Abode under Immigration Act 1971.
The judge did not treat absence of consular birth registration as a bar in these facts.
Home Office endorsed mother’s passport with Right of Abode in 2010.
Sibling – Upper Tribunal (2012)
Appeal after ROA refusal.
FTT had wrongly analysed mother under BNA 1981 s.23(1)(b) (BOTC route) and held my brother not entitled.
UT found that was an error: by then the 2010 FTT had already recognised mother as having Right of Abode, and the Home Office had formally endorsed her passport.
Proceeded on the basis that mother is a British citizen otherwise than by descent.
Applied BNA 1981 s.2(1)(a): child born after 1 January 1983 is British by descent.
Recognised sibling as British by descent → ROA granted.
Certificate of Entitlement issued in 2012 and renewed in 2019.
correct wording by UT on brothers judgement,
( First-tier Tribunal Judge allowed the appeal of the appellant’s mother, finding
that she was a British citizen under s. 2 (1) (a) of the Immigration Act
1971. and on August 2010 recognised the
appellant’s mother as a British Citizen under s. 2 (1) (a) of the Immigration
Act 1971. Her passport is endorsed with a Certificate of Right of Abode
under s. 2 (1) (a) of the Immigration Act 1971.
If the respondent has chosen to recognise the appellant’s mother as a
British citizen under s.2 (1) (a) of the Immigration Act 1971 it appears to
me that the appellant must qualify for a Certificate of Right of Abode
under s. 2 (1) (a) of the British Nationality Act 1981 which states:
A person born outside the United Kingdom [and the qualifying
territories] after commencement shall be a British citizen if at the time
of the birth his father or mother -
(a) Is a British citizen otherwise than by descent...
It is therefore my preliminary view that First-tier Tribunal Judge was
in error in looking behind the recognition by the respondent that the
appellant’s mother is a British Citizen under s. 2 (1) (a) of the Immigration
Act 1971 and that the decision must be set aside for that reason. It is also
my preliminary decision that the appeal would then fall to be allowed
outright for the same reasons.
appeal allowed.)
My Position
Born 1993, to the same mother.
On identical facts and the same statutory route (BNA 1981 s.2(1)(a)), I should stand in the same position as my sibling.
However, my ROA application (2025) was refused.
Refusal reason: I was born in India, both parents born in India, and grandfather’s CUKC status cannot pass to me — therefore no entitlement.
The refusal does not address the tribunal findings already made in my family’s cases.
I respectfully request guidance on the best next step for my case—specifically, whether submitting an RROA (Reconsideration) focused on the two tribunal decisions and BNA 1981 s.2(1)(a) is likely to succeed ?, or any other ways to prove my claim.
I would be sincerely grateful for your guidance
Thank you.
- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222



