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Australian with Right Of Abode seeking Passport.

Posted: Tue Feb 20, 2018 3:08 pm
by Emski
Hi there!

My name is Emma. Here are my details...
Anyone who can offer advice or knowledge will be hugely appreciated.
I was born in 1979 in Australia, to a British Mother.
In 2008, I was issued a Certificate of Entitlement to the Right of Abode under the British Nationality Act 1981 (Under Section 2 (1) (b) (1981)).
I have lived in the UK since Christmas 2008, I have paid taxes these last ten years and rented in the same property since 2011.
My passport with my Certificate of ROA is expiring in October this year.
I would like to apply for my British Passport and have been given two different pieces of information.
I have been told to simply apply. I have certified copies of my birth certificate and my mothers, as well as my passport with my Right of Abode. Can I apply with those things successfully to get a passport? I do not have an expired British Passport from my mother.
OR
Do I need to register as a British Citizen using form UKM first?
I know that if all else fails, I can get a new Aussie passport and re-apply for the ROA, but I would prefer to just get the British passport.
Also. If I did have to go down the route of getting a new certificate ROA issued in an Aussie passport, can I stay and keep working here during that time?
I am so sorry if these questions are basic or inane, it just all gets so confusing without any direct information.
Again, thank you for any knowledge you can share, it will truly be appreciated.

Thank you. Emma.

Re: Australian with Right Of Abode seeking Passport.

Posted: Tue Feb 20, 2018 3:21 pm
by secret.simon
Was your British mother born in the UK?
Emski wrote: ↑
Tue Feb 20, 2018 3:08 pm
Do I need to register as a British Citizen using form UKM first?
Yes.

Before 1983, British mothers could not automatically pass on their British citizenship to their children born abroad. Those children can now register as British citizens using Form UKM.

Re: Australian with Right Of Abode seeking Passport.

Posted: Tue Feb 20, 2018 3:33 pm
by Emski
Thanks for the reply secret.simon!

So in the Nationality Act, where is says on my Certificate for the Right of Abode under Section 2 (1) (b) (1981)...

2. Acquisition by descent.
(1)A person born outside the United Kingdom [F1and the qualifying territories] after commencement shall be a British citizen if at the time of the birth his father or mother—
(b)is a British citizen and is serving outside the United Kingdom [F2and the qualifying territories] in service to which this paragraph applies, his or her recruitment for that service having taken place in the United Kingdom [F3or a qualifying territory]; or

That doesn't give me citizenship?

Apologies for clarifying!

Re: Australian with Right Of Abode seeking Passport.

Posted: Tue Feb 20, 2018 3:57 pm
by secret.simon
Where was your mother born?

The paragraph highlighted by you does not apply to you as you were born in 1979, before the British Nationality Act 1981 came into force.

Re: Australian with Right Of Abode seeking Passport.

Posted: Tue Feb 20, 2018 4:05 pm
by Emski
Okay... Thanks.
Mum was born in London.