UK born baby travelling into UK without Right of Abode visa

[Vas57]

Hi,

Hope someone can help. We have ILR in UK, and residents here. Baby was born a few months ago in UK, hence have ROA by birth. We haven't applied for the ROA visa for her Malaysian passport yet. However, we need to travel urgently due to emergency to Malaysia. If we are to come back to UK with her Malaysian passport and British birth certificate, would that be ok for Malaysian immigration and British immigration control, seeing that she does not have proof of ROA other than our status and her birth cert? FYI, Malaysians do not need visa for 6-month stay as visitors.

Please advice.

Thanks.
Vas

[ayoubtt]

Hi,

Hope someone can help. We have ILR in UK, and residents here. Baby was born a few months ago in UK, hence have ROA by birth. We haven't applied for the ROA visa for her Malaysian passport yet. However, we need to travel urgently due to emergency to Malaysia. If we are to come back to UK with her Malaysian passport and British birth certificate, would that be ok for Malaysian immigration and British immigration control, seeing that she does not have proof of ROA other than our status and her birth cert? FYI, Malaysians do not need visa for 6-month stay as visitors.

Please advice.

Thanks.
Vas

I have read previously that UK citizens in some cases may enter the UK on foreign passports and certificate of naturalisation. But I am not sure if it applies to right of abode.

With regards to the no visa required for Malaysian passport holders, I would say that comes down to the discretion of the immigration officer. Technically the child is not visiting with the intent of leaving within the 6 months period, but again if you have the childs birth certificate with you as well when you enter the UK then after a few checks entry is usually granted based on the parents immigration status. But I have only found a couple of slightly similar cases of the above.

Someone with more factual evidences might be able to give a more definitive answer, due to the current Passport scenario I might be forced to travel with my daughters foreign passport and hopefully her naturalisation certificate so looking at some further information myself too.

[leeling.lim]

My husband has ROA and I hold a ILR. My baby on the other jand held a Malaysian passport. Upon entry we were given 2 months to get his ROA sorted and just received our application back today. Bring the birth certificate just in case Border Agency at the airport is being difficult. I have no problems exiting or entering with just a Malaysian passport. Worth checking if baby is entitled to ROA any longer as far as I remember checking the legislations, ROA are limited to specific groups of people only.

[ypwlng]

May I please ask Vas57 what happened in the end? i.e. did they allow your child to re-enter without the right-of-abode stamp?

Thank you very much

[vinny]

Worth checking if baby is entitled to ROA any longer as far as I remember checking the legislations, ROA are limited to specific groups of people only.

For people born from 1983, ROA are limited to British citizens only.