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Certificate of entitlement to right of abode
Posted: Fri Dec 30, 2016 10:21 am
by nikhilcruz1995
Hello,
Iam from india , i have appiled against the decesion made by the entry clearance officer chennai and i applied for the visa of certificate of entitlement to right of abode and my application got refused because of law they told me u have to apply the correct law but i can explain you the way i apply my grandfather was a registried british citizen and he lived there at uk and he was borm in india at india was british colony and my father was born in singapore when singapore was an british colony and he was an indian citizen due to the reason of my father born before the nationality of grandfather so he couldnt get the british passport or right of abode and like the case way a person like me as grandson tried for right of abode at the year 2010 and he got the appeal allowed and the same like my case and my case got refused by frist tier tribunal at uk my case was represented an lawyer at uk and now i send an appeal to frist tier tribunal for permission to upper tribunal again they refused i send the evidance of that allowed appeal case 2010 and they said if you think is the case similar like your case then why you dont submit this at in or before the hearing iam really confused sir can anyone help me fimd some way
Re: Certificate of entitlement to right of abode
Posted: Fri Dec 30, 2016 10:27 am
by Casa
It's very difficult to read your post without punctuation and paragraphs.
Re: Certificate of entitlement to right of abode
Posted: Fri Dec 30, 2016 10:27 am
by CR001
Not sure what you are actually trying to say in that one lump of a paragraph.
According to your previous posts, you applied for a spouse settlement visa which was refused. This is very different to Certificate of Entitlement to Right of Abode (which only a child of a British Citizen born abroad can apply for, which doesn't appear to be your case).
http://www.immigrationboards.com/genera ... l#p1313443
Re: Certificate of entitlement to right of abode
Posted: Fri Dec 30, 2016 11:24 am
by secret.simon
nikhilcruz1995 wrote:my grandfather was a registried british citizen
nikhilcruz1995 wrote:my father was born in singapore when singapore was an british colony and he was an indian citizen due to the reason of my father born before the nationality of grandfather
If your father was born before your grandfather was registered as a British citizen and he (your father) was not registered himself, you do not have British citizenship by descent.
Your father most likely lost CUKC status based on birth in a British colony when Singapore became independent. Even assuming that he retained CUKC status at the time of Singaporean independence (very unlikely), he would have become a
British Overseas citizen, which does not have Right of Abode in the UK, in 1983. BOC status is not inheritable, so you are unlikely to have that either.
In short, based on the information that you provided, you do not have British citizenship and therefore do not have Right of Abode.
nikhilcruz1995 wrote:india was british colony
For legal purposes, India was never a colony (
Section 1 of the Colonial Laws Validity Act 1865).
Further reading
The British Nationality Acts
British Nationality law: Summary
Re: Certificate of entitlement to right of abode
Posted: Fri Dec 30, 2016 2:47 pm
by nikhilcruz1995
Casa wrote:It's very difficult to read your post without punctuation and paragraphs.
iam really sorry its fault. IAM THE APPELLANT IS A CITIZEN OF INDIA . I APPEALS AGAINST THE DECISION OF THE ENTRY CLEARANCE OFFICER REFUSING CERTIFICATE OF ENTITLEMENT TO THE RIGHT OF ABODE IN UK. MY GRANDFATHER WAS REGISTISED BRITISH CITIZEN AND HE WAS NOT BORN IN UK . HE WAS BORN BRITISH BECAUSE INDIA WAS THE PART OF EMPIRE. MY GRANDFATHER WAS LIVING IN SINGAPORE WHICH WAS BRITISH RULE ,BEFORE THE INDEPENDENCE OF SINGAPORE IN 1965 THEY WERE BRITISH. MY FATHER BORN IN SINGAPOREBACK IN 1955 AND AFTER HE CAME TO INDIA AND BECAME A INDIAN. MY FATHER WAS BORN BEFORE MY GRANDFATHER GOT BRITISH NATIONALITY SO HE IS NOT ENTITLED TO GET RIGHT OF ABODE .MY GRANDFATHER LIVED IN UK AND DIED IN UK .
Re: Certificate of entitlement to right of abode
Posted: Fri Dec 30, 2016 2:52 pm
by nikhilcruz1995
CR001 wrote:Not sure what you are actually trying to say in that one lump of a paragraph.
According to your previous posts, you applied for a spouse settlement visa which was refused. This is very different to Certificate of Entitlement to Right of Abode (which only a child of a British Citizen born abroad can apply for, which doesn't appear to be your case).
http://www.immigrationboards.com/genera ... l#p1313443
IAM REALLY SORRY...... IAM NOT APPLIED FOR SPOUSE SETTLEMENT VISA . I APPLIED FOR RIGHT OF ABODE THROUGH GRANDFATHER BRITISH NATIONALITY
Re: Certificate of entitlement to right of abode
Posted: Fri Dec 30, 2016 3:05 pm
by nikhilcruz1995
secret.simon wrote:nikhilcruz1995 wrote:my grandfather was a registried british citizen
nikhilcruz1995 wrote:my father was born in singapore when singapore was an british colony and he was an indian citizen due to the reason of my father born before the nationality of grandfather
If your father was born before your grandfather was registered as a British citizen and he (your father) was not registered himself, you do not have British citizenship by descent.
Your father most likely lost CUKC status based on birth in a British colony when Singapore became independent. Even assuming that he retained CUKC status at the time of Singaporean independence (very unlikely), he would have become a
British Overseas citizen, which does not have Right of Abode in the UK, in 1983. BOC status is not inheritable, so you are unlikely to have that either.
In short, based on the information that you provided, you do not have British citizenship and therefore do not have Right of Abode.
HAI,
BUT I HAVE SIMILAR CASE JUST LIKE TO MINE GOT THE APPEAL ALLOWED AT THE YEAR 2010. I HAVE THE EVIDANCE . ITS JUST SIMILAR TO MY CASE HIS FATHER ALSO NOT A BRITISH . HE WAS BORN IN INDIA WHEN INDIA WAS BRITISH COLONY AND HE WAS BORN BEFORE THE NATIONALITY OF HIS FATHER SO HE IS NOT ENTITLED TO GRT ROA . THE APPELLANT WAS AN INDIAN CITIZEN . HIS GRANDFATHER WAS BORN IN INDIAN SAME LIKE MINE . WHEN INDIA WAS BRITISH COLONY . THE ONLY DIFFERENCE IS MY FATHER WAS BORN IN SINGAPORE AT BRITISH COLONY AND HIS FATHER WAS BORN IN INDIA WHEN INDIA WAS BRITISH
COLONY . BUT THAT CASE WAS ALLOWED AT THE YEAR 2010 . MY APPEAL DISMISSED BY FRIST TIER TRIBUNAL .
nikhilcruz1995 wrote:india was british colony
For legal purposes, India was never a colony (
Section 1 of the Colonial Laws Validity Act 1865).
Further reading
The British Nationality Acts
British Nationality law: Summary
Re: Certificate of entitlement to right of abode
Posted: Fri Dec 30, 2016 3:12 pm
by CR001
nikhilcruz1995 wrote:IAM REALLY SORRY...... IAM NOT APPLIED FOR SPOUSE SETTLEMENT VISA . I APPLIED FOR RIGHT OF ABODE THROUGH GRANDFATHER BRITISH NATIONALITY
Please don't type in CAPITAL letters, it is very difficult to read and is the same as SHOUTING.
You have previously posted that you applied for a settlement visa, link below.
http://www.immigrationboards.com/genera ... l#p1378989
And have posted quite a few posts in the Pakistan Spouse Visa Appeals topic, link below.
http://www.immigrationboards.com/member ... 995/posts/
A certificate of entitlement to right of abode is NOT a visa!!
I don't believe you qualify for right of abode through your grandfather. You would only qualify if you FATHER was a full BC at the time of your birth. Secret.simon has given you the full details and links
Re: Certificate of entitlement to right of abode
Posted: Fri Dec 30, 2016 3:43 pm
by nikhilcruz1995
CR001 wrote:nikhilcruz1995 wrote:IAM REALLY SORRY...... IAM NOT APPLIED FOR SPOUSE SETTLEMENT VISA . I APPLIED FOR RIGHT OF ABODE THROUGH GRANDFATHER BRITISH NATIONALITY
Please don't type in CAPITAL letters, it is very difficult to read and is the same as SHOUTING.
You have previously posted that you applied for a settlement visa, link below.
http://www.immigrationboards.com/genera ... l#p1378989
And have posted quite a few posts in the Pakistan Spouse Visa Appeals topic, link below.
http://www.immigrationboards.com/member ... 995/posts/
A certificate of entitlement to right of abode is NOT a visa!!
I don't believe you qualify for right of abode through your grandfather. You would only qualify if you FATHER was a full BC at the time of your birth. Secret.simon has given you the full details and links
But as same as my case one person got his appeal allowed at the year 2010. I have his dermination letter which have been sended from the court
Re: Certificate of entitlement to right of abode
Posted: Fri Dec 30, 2016 3:45 pm
by CR001
Unless you post a link to this other case, no one on the forum can comment
Re: Certificate of entitlement to right of abode
Posted: Fri Dec 30, 2016 7:22 pm
by secret.simon
Your grandfather and father most likely lost British citizenship when Singapore became independent.
If they kept it, they lost it when the law changed in 1983.
They can not give you a citizenship that they lost and don't have.