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Applying for British passport with Right of abode certificate
Posted: Thu Aug 31, 2017 7:44 pm
by jalal123
Hello there..
I am really seeking for a advice ,My father was a British and he passed away 23 years before, i was born in Pakistan a kid that time and didn't know my father was a British citizen. When i grew up and i find out all the documents even his blue passport which was issued in 1983. With one of my friend he is barrister in London he applied for me for Right Of Abode certificate of entitlement from Dubai and got success in 9 days only.
I arrived to UK and applied for British passport but passport office refuse my application and were asking me and father pictures and any medical paper at the of conception which is not available.
The Right of abode already shows that i am British citizen but why they are denying to get the passport.
Please let me know if anyone have any idea to get the British passport.
Thank you
Regards
jalal
Re: Applying for British passport with Right of abode certificate
Posted: Thu Aug 31, 2017 9:57 pm
by secret.simon
A Right of Abode certificate can have been issued in error, as can a British passport. So the Passport Office may ask you to prove your British citizenship by other means.
How did your father acquire British citizenship? Was he naturalised or registered? Or was he born in the UK? If so, the best proof would be his naturalisation/registration/birth certificate, your parents' marriage certificate and your birth certificate.
Re: Applying for British passport with Right of abode certificate
Posted: Fri Sep 01, 2017 12:00 am
by Richard W
secret.simon wrote: ↑Thu Aug 31, 2017 9:57 pm
How did your father acquire British citizenship? Was he naturalised or registered? Or was he born in the UK? If so, the best proof would be his naturalisation/registration/birth certificate, your parents' marriage certificate and your birth certificate.
I have a horrible feeling that the Passport Office is challenging the birth certificate on the basis that the OP is from Pakistan.
Re: Applying for British passport with Right of abode certificate
Posted: Fri Sep 01, 2017 8:29 am
by Jhaider
Ok . Well here is the story. My father was naturalized in 1981 and he got passport in 1983..
Back in 2013 I applied for passport directly from Dubai and send all the relevant documents like my father original passport, his naturalization certificate, my date of birth certificate, my parents marriage certificate and and few family pictures including my childhood pictures with mom and family and rare only one picture with my father. Passport office took around 2 years and in the end they refused the passport and wrote to me that i can apply again . I was disappointed and I didn't apply again. It was like 2 kg of proof documents.
After 2 years in 2017 i meet a friend he told me I didn't applied by right procedure . He is a Barrister he applied for me Right of Abode with same documents and i got Right Of abode in 9 days only.
Once i arrived in UK and applied for passport they sent me letter that last time you applied for passport and we need that documents to process.
A antel medical report or the proof that my proof that my father was at Pakistan at the time my my birth. We wrote them most in 1991 there was no technology in Pakistan , and I myself was born at house and my father passport shows he was at Pakistan so whats the point .
I really don't understand at all . My original birth certificate , my parents marrige certificate everything i send them but still they asked the same thing even if i have right of Abode.
If home office can issue Right of abode on base of Original documents like my Father British original passport, his naturalization certificate, my parents marriage certificate, my birth certificate and my Pakistan passport . So why the passport office can not issue the passport on same documents and they still asking about 2013 and even I have right of Abode in UK .
Re: Applying for British passport with Right of abode certificate
Posted: Sat Sep 02, 2017 3:36 am
by JAJ
Unfortunately- and unlike most countries- there is no Passports Act in force in the United Kingdom. In other words, there is no statute law governing the issue of British citizen passports which means that the Passport Office can refuse an application without any particular need to give a reason or be subject to an appeal process.
Unlike Right of Abode- which is a statutory entitlement and cannot be refused casually, or by imposing unreasonable requirements for evidence.
If you've now established residence in the United Kingdom (and registered to vote?) you may wish to ask your Member of Parliament to assist with dealing with the Passport Office.
Re: Applying for British passport with Right of abode certificate
Posted: Sat Sep 02, 2017 4:24 am
by Jhaider
Well i am already registered myself for vote , i do have National insurance number, bank account , proof of address, registered with NHS medical and working as well .
The only need is passport.
How can i get help for this and with whom i can contact?
Regards
Jalal
Re: Applying for British passport with Right of abode certificate
Posted: Sat Sep 02, 2017 5:12 am
by vinny
Did the Passport Office give a reason for their initial refusal, after 2 years deliberation?
Re: Applying for British passport with Right of abode certificate
Posted: Sat Sep 02, 2017 9:51 am
by Richard W
JAJ wrote: ↑Sat Sep 02, 2017 3:36 am
Unlike Right of Abode- which is a statutory entitlement and cannot be refused casually, or by imposing unreasonable requirements for evidence.
Dare one asks how this works? Right of abode comes automatically, although it may be lost separately to citizenships (Immigration Act 1971 Section 2A); there is no 'entitlement' to it. I've looked at the
Nationality, Immigration and Asylum Act 2002 Section 10 ("Right of abode: certificate of entitlement") and the
Immigration (Certificate of Entitlement to Right of Abode in the United Kingdom) Regulations 2006. I can't see where an
entitlement to a certificate of entitlement arises. In particular, prohibiting holders of British citizen passports from having certificates of entitlement was introduced at best by statutory instrument.
Re: Applying for British passport with Right of abode certificate
Posted: Sat Sep 02, 2017 2:46 pm
by Jhaider
vinny wrote: ↑Sat Sep 02, 2017 5:12 am
Did the Passport Office give a reason for their initial refusal, after 2 years deliberation?
They still asking the same thing which they were asked 2 years before. They mentioned We don't deals with Immegration and right of abode or anything. We want only what we asked to provide before 2 years.
Re: Applying for British passport with Right of abode certificate
Posted: Sat Sep 02, 2017 2:49 pm
by Jhaider
Richard W wrote: ↑Sat Sep 02, 2017 9:51 am
JAJ wrote: ↑Sat Sep 02, 2017 3:36 am
Unlike Right of Abode- which is a statutory entitlement and cannot be refused casually, or by imposing unreasonable requirements for evidence.
Dare one asks how this works? Right of abode comes automatically, although it may be lost separately to citizenships (Immigration Act 1971 Section 2A); there is no 'entitlement' to it. I've looked at the
Nationality, Immigration and Asylum Act 2002 Section 10 ("Right of abode: certificate of entitlement") and the
Immigration (Certificate of Entitlement to Right of Abode in the United Kingdom) Regulations 2006. I can't see where an
entitlement to a certificate of entitlement arises. In particular, prohibiting holders of British citizen passports from having certificates of entitlement was introduced at best by statutory instrument.
In my Right of Abode certificate it's mentioned section 2 [1] a.
Re: Applying for British passport with Right of abode certificate
Posted: Sat Sep 02, 2017 2:56 pm
by secret.simon
Jhaider wrote: ↑Sat Sep 02, 2017 2:49 pm
In my Right of Abode certificate it's mentioned section 2 [1] a.
Interesting. So the department issuing the CoE-RoA have accepted that you are a British citizen.
Section 2(1)(a) of the Immigration Act 1971.
I think you should use the
HMPO Complaints procedure.
If you are asked to reapply, I think the following is all the proof that you need.
Jhaider wrote: ↑Fri Sep 01, 2017 8:29 am
his (your father's) naturalization certificate, my date of birth certificate, my parents marriage certificate
Re: Applying for British passport with Right of abode certificate
Posted: Sat Sep 02, 2017 3:02 pm
by vinny
Jhaider wrote: ↑Sat Sep 02, 2017 2:46 pm
vinny wrote: ↑Sat Sep 02, 2017 5:12 am
Did the Passport Office give a reason for their initial refusal, after 2 years deliberation?
They still asking the same thing which they were asked 2 years before. They mentioned We don't deals with Immegration and right of abode or anything. We want only what we asked to provide before 2 years.
What documents did they think were missing?
Re: Applying for British passport with Right of abode certificate
Posted: Sat Sep 02, 2017 8:04 pm
by Richard W
Jhaider wrote: ↑Sat Sep 02, 2017 2:49 pm
Richard W wrote: ↑Sat Sep 02, 2017 9:51 am
JAJ wrote: ↑Sat Sep 02, 2017 3:36 am
Unlike Right of Abode- which is a statutory entitlement and cannot be refused casually, or by imposing unreasonable requirements for evidence.
I can't see where an
entitlement to a certificate of entitlement arises.
In my Right of Abode certificate it's mentioned section 2 [1] a.
No, that's how you come to have right of abode. I'm asking how it is that you have, as JAJ reports, an
entitlement to a certificate of entitlement to right of abode. I'm wondering if this might result from there having been a right of appeal against a refusal of a CoE of RoA.
Re: Applying for British passport with Right of abode certificate
Posted: Sat Sep 02, 2017 9:09 pm
by Richard W
secret.simon wrote: ↑Sat Sep 02, 2017 2:56 pm
If you are asked to reapply, I think the following is all the proof that you need.
Jhaider wrote: ↑Fri Sep 01, 2017 8:29 am
his (your father's) naturalization certificate, my date of birth certificate, my parents marriage certificate
While Jhaider is looking for the precise request, I would remind you that only a few years ago the list of supporting documents included documents that only make sense if one needed confirmation that the alleged parents were the biological father and mother. Even now, posts on this forum will show that people in India are having to provide evidence that the claimed mother was pregnant at the relevant time. This probably relates to a period when Immigration Officers frequently doubted that children from the subcontinent were the children of their claimed parents.
You can get some impression of the hassles from the monster thread
British passport for British citizen child born in india. It includes reports of requests for passports at the time of conception and for '
pregnancy photos'.
Re: Applying for British passport with Right of abode certificate
Posted: Sun Sep 03, 2017 12:10 am
by vinny
Richard W wrote: ↑Sat Sep 02, 2017 8:04 pm
I'm wondering if this might result from there having been a right of appeal against a refusal of a CoE of RoA.
Surprisingly, or
shamefully, from
6th April 2015, there is
no longer any right of appeal against a refusal of a
CoE-RoA.
Re: Applying for British passport with Right of abode certificate
Posted: Sun Sep 03, 2017 3:01 am
by Jhaider
Richard W wrote: ↑Sat Sep 02, 2017 8:04 pm
Jhaider wrote: ↑Sat Sep 02, 2017 2:49 pm
Richard W wrote: ↑Sat Sep 02, 2017 9:51 am
JAJ wrote: ↑Sat Sep 02, 2017 3:36 am
Unlike Right of Abode- which is a statutory entitlement and cannot be refused casually, or by imposing unreasonable requirements for evidence.
I can't see where an
entitlement to a certificate of entitlement arises.
In my Right of Abode certificate it's mentioned section 2 [1] a.
No, that's how you come to have right of abode. I'm asking how it is that you have, as JAJ reports, an
entitlement to a certificate of entitlement to right of abode. I'm wondering if this might result from there having been a right of appeal against a refusal of a CoE of RoA.
They have refused my passport application in 2013 when I don't had right of abode that time .
Re: Applying for British passport with Right of abode certificate
Posted: Sun Sep 03, 2017 3:47 am
by vinny
vinny wrote: ↑Sat Sep 02, 2017 3:02 pm
What documents did they think were missing?
Re: Applying for British passport with Right of abode certificate
Posted: Sun Sep 03, 2017 9:02 pm
by Jhaider
vinny wrote: ↑Sun Sep 03, 2017 3:47 am
vinny wrote: ↑Sat Sep 02, 2017 3:02 pm
What documents did they think were missing?
There is nothing missing . The passport office is just messing around only .
Re: Applying for British passport with Right of abode certificate
Posted: Mon Sep 04, 2017 1:16 am
by vinny
Re: Applying for British passport with Right of abode certificate
Posted: Fri Mar 09, 2018 4:49 am
by haiderja
Hello Everyone,
As I mentioned in my earlier Details passport office refused my application on base of old file in 2013 before Right of abode.
When they refused my application I went to the court for judicial review. The court accepted and approved and sent the consent order to passport office where the passport office the defendant said they will Withdraw my Case and will reconsider my Passport application again but it will take up 3 months in the absence of required circumtances.
I am really in stress now , I have spend a lot of money on solicitor and all these process. In the Consent order it mentioned that the Claimants can withdraw the case anytime .
and the defendant shall pay the reasonable cost for the claimants Judicial review if they are not agreed. This process getting very log . Please advice me if anyone have any idea or heard the same case as mine.
Regards
Jalal