Possible Eligibility for Right of Abode?
Posted: Thu Jan 21, 2021 7:26 pm
I am trying to verify my eligibility for citizenship for via Immigration act 1971 section 2(1)(c)
A CUKC who was ordinarily resident in the UK for any continuous period of 5 years before 31 Dec 1982 (time spent subject to immigration conditions can be included but the conditions must have been removed before completion of the 5 years)
My Father was born in the 1950’s in then the colony of Nigeria (before it became independent in 1960), arrived in the UK in 1976 on a Nigerian “Commonwealth” passport and was ordinarily resident (Studying and worked) till the end of 1984 (8 years). The passport contains all home office stamps to indicate this, also his educational certificates and national insurance contributions would back this up.
I was born in the UK in 1984, after the British National Act of 1981 came into force (on 1st January 1983) which took away birth-right citizenship for persons born in the UK.
I have checked and I can’t see anything that states he had settled status in the passport as the stamps carried on until 1984. He wasn’t aware of this provision in the law for ROA as the home-office never provided information to state that he qualified as you can imagine information isn’t as available back then as it is now.
From my investigation on based on the FORM ROA Guidance on www.gov.uk website, the documents requested for I can provide.
• Evidence of citizenship of the UK and
Colonies, for example a passport or
certificate of naturalisation or registration,
and
• Evidence of settlement and 5 years ordinary
residence in the UK before 1983, for
example a passport, P60s, details of
National Insurance contributions, DSS
Applicant’s full birth certificate or adoption
certificate,
• Parents’ marriage certificate (if claiming
through father and applicant born before 1
July 2006), and
• Parents’ full birth certificate, adoption,
registration or naturalisation certificate
Just to provide a bit more context, I am applying from the UK and I have been resident here for about 18 years and trying to regularise my status. My family and I left the UK at the beginning of 1985. We have since all made our way back to the UK, my dad and mom have both achieved citizenship through different routes. I was 18 years, when I came back to the UK and my parents gained citizenship when I was well over 18 years.
What I am trying to find out is:
• Would I qualify for right of abode based on my father’s legal residency In the UK, which he would have qualified for in 1981 before my birth in 1984?
• Would it be advisable to make an ROA application despite the settled status obstacle?
A CUKC who was ordinarily resident in the UK for any continuous period of 5 years before 31 Dec 1982 (time spent subject to immigration conditions can be included but the conditions must have been removed before completion of the 5 years)
My Father was born in the 1950’s in then the colony of Nigeria (before it became independent in 1960), arrived in the UK in 1976 on a Nigerian “Commonwealth” passport and was ordinarily resident (Studying and worked) till the end of 1984 (8 years). The passport contains all home office stamps to indicate this, also his educational certificates and national insurance contributions would back this up.
I was born in the UK in 1984, after the British National Act of 1981 came into force (on 1st January 1983) which took away birth-right citizenship for persons born in the UK.
I have checked and I can’t see anything that states he had settled status in the passport as the stamps carried on until 1984. He wasn’t aware of this provision in the law for ROA as the home-office never provided information to state that he qualified as you can imagine information isn’t as available back then as it is now.
From my investigation on based on the FORM ROA Guidance on www.gov.uk website, the documents requested for I can provide.
• Evidence of citizenship of the UK and
Colonies, for example a passport or
certificate of naturalisation or registration,
and
• Evidence of settlement and 5 years ordinary
residence in the UK before 1983, for
example a passport, P60s, details of
National Insurance contributions, DSS
Applicant’s full birth certificate or adoption
certificate,
• Parents’ marriage certificate (if claiming
through father and applicant born before 1
July 2006), and
• Parents’ full birth certificate, adoption,
registration or naturalisation certificate
Just to provide a bit more context, I am applying from the UK and I have been resident here for about 18 years and trying to regularise my status. My family and I left the UK at the beginning of 1985. We have since all made our way back to the UK, my dad and mom have both achieved citizenship through different routes. I was 18 years, when I came back to the UK and my parents gained citizenship when I was well over 18 years.
What I am trying to find out is:
• Would I qualify for right of abode based on my father’s legal residency In the UK, which he would have qualified for in 1981 before my birth in 1984?
• Would it be advisable to make an ROA application despite the settled status obstacle?
