Page 1 of 1

right of abode and student visa

Posted: Sun Jul 10, 2016 1:59 pm
by aahwestridge
My wife is UK born and UK passport holder. I am Pakistani and Pakistan passport holder. Our son, born in 1992, has a Pakistan passport. We all live in Pakistan. My son has a certificate of entitlement for Right of Abode in the UK, entered in his first passport. We did not apply for fresh certificates to be entered in his renewed passports.

He is now going to UK in September for studying at University.

I understand that the RoA continues to be valid even when carried in an expired passport. Questions are:
1. Should he first get a student visa for going to the UK ?
2. Should he concurrently OR subsequently apply for the certificate of RoA to be freshly placed in his current passport ?
3. Should be apply for his fresh RoA cert in Pakistan or once he is at University and in UK ?
4. If he has an RoA in his current passport would he still need a student visa to enter the UK OR are RoA and Visa two separate subjects.
Thanks for any clear guidance on these interconnected subjects

Re: right of abode and student visa

Posted: Sun Jul 10, 2016 2:21 pm
by vinny
Your son is also automatically British.

Therefore, he cannot, nor should, apply for a student visa.

The CoE-RoA expires with the expiry of passport.

Re: right of abode and student visa

Posted: Sun Jul 10, 2016 4:00 pm
by aahwestridge
Vinny, thanks. But my further questions from answer are:

1. Should he than apply to get his cert of entitlement of RoA in his current Pakistan passport - without this how can be travel as the RoA expires with expired passport - as mentioned by you.
2. If he is automatically British but the status is he neither has a British passport nor a valid RoA ? How does he travel without these or a student visa ?
3. In which order should he get what done - RoA ? British passport ?

Re: right of abode and student visa

Posted: Sun Jul 10, 2016 8:47 pm
by ohara
Why not just apply for a British passport?

Re: right of abode and student visa

Posted: Sun Jul 10, 2016 10:22 pm
by CR001
ohara wrote:Why not just apply for a British passport?
Can take 6 - 12 months from Pakistan. Not enough time to start studies in Sept.

Re: right of abode and student visa

Posted: Mon Jul 11, 2016 12:26 am
by vinny
Then apply for another CoE-RoA.

Re: right of abode and student visa

Posted: Mon Jul 11, 2016 9:07 am
by ohara
Could he enter the UK as a visitor and apply for a British passport inside the country?

Re: right of abode and student visa

Posted: Mon Jul 11, 2016 9:50 am
by CR001
He could, but he still needs to apply for a visitor visa to come to the UK and he clearly isn't a 'genuine visitor' if he is going to Uni in the UK.

RoA or CoE would be the best option.

Re: right of abode and student visa

Posted: Mon Jul 11, 2016 9:57 am
by vinny
ohara wrote:Could he enter the UK as a visitor and apply for a British passport inside the country?
Relies on an ECO's mistake.

Re: right of abode and student visa

Posted: Mon Jul 11, 2016 7:58 pm
by Richard W
vinny wrote:
ohara wrote:Could he enter the UK as a visitor and apply for a British passport inside the country?
Relies on an ECO's mistake.
Or kindness.

Re: right of abode and student visa

Posted: Tue Jul 12, 2016 1:46 am
by vinny