Right of Abode through grandparents

[steve85]

Hi Everyone,

My wife and are considering applying for our certificates of Right of Abode in the UK this fall. We are recently retired Canadians with some of our grandparents born in the UK.

My mother’s parents and my wife’s maternal grandmother and her paternal grandfather were born in the UK. I have my maternal grandparents birth and marriage certificates and my mother’s birth certificate with my mother’s parents listed. I have my birth certificate with my parents listed as well. My wife has her maternal grandmothers birth and marriage certificates. She can get her mother’s birth certificate with her grandparents information on it.

We could get more paperwork because my paternal grandmother was born in England as well and we have my wife’s paternal grandfather’s birth certificate as well, but if it is not necessary I would rather not.

We are planning on visiting the UK for a few months this fall or winter and wonder if that would be the best time to apply or if that is permitted.

Any suggestions or comments would be appreciated.

Thanks.

Steve

[vinny]

Not sure if you are eligible for Right of Abode. But you may probably apply under UK Ancestry and dependant (186-196E).

[Obie]

I agree. Under the 1981 Act, citizenship cannot be derived from Grandparents. And your immediate parents, even if they are British, are most likely to have received this status via descent, therefore Vinny is very correct that only Ancestry visa appears to be a viable option in your case.

[secret.simon]

To rephrase Vinny's point, were either of your parents (and your wife's) parents born in the UK? Your parents would need to be British citizens otherwise than by descent (so, born in the UK to British parents, naturalised or registered in the UK).

You could use this useful wizard for further guidance.

Can you also provide us with your wife and your dates of birth (month and year would be sufficient)?

Vinny and Obie, the OP has mentioned that they are "recently retired", suggesting that they are likely over 55 years of age and therefore born before 1983. Could they already have CUKC citizenship under the British Nationality Act 1948 (as amended in 1962, '68 and '71, hence the request for birthdates)? And if they already had CUKC citizenship before that date, would the British Nationality Act 1981 have retrospectively revoked the citizenship?

[steve85]

Hi Everyone,

I am sixty and my wife is sixty-five. We don't likely have any rights to UK citizenship. I am hoping for a Right of Abode through grandparents as in the following from Wikipedia:

Nevertheless, under the United Kingdom's immigration arrangements Commonwealth citizens enjoy certain advantages:

Commonwealth citizens born before 1 January 1983 may by virtue of having a parent born in the United Kingdom and Islands have the right of abode therein – such persons are exempt from all immigration control.
Commonwealth citizens with a grandparent born in the United Kingdom and Islands may be admitted for up to five years on this basis, and thereafter be granted indefinite leave to remain.

We would be eligible to stay for five years and then be naturalized if I understand this correctly and if it is actually true. How would one apply for this opportunity?

Thanks.

Steve

[Casa]

"Parents
You have right of abode if all the following apply:
one of your parents was born in the UK and a citizen of the United Kingdom and colonies when you were born or adopted
you were a Commonwealth citizen on 31 December 1982
you didn’t stop being a Commonwealth citizen (even temporarily) at any point after 31 December 1982"

Were one of your parents born in the UK and did they hold British citizenship when you were born?

[Obie]

To rephrase Vinny's point, were either of your parents (and your wife's) parents born in the UK? Your parents would need to be British citizens otherwise than by descent (so, born in the UK to British parents, naturalised or registered in the UK).

You could use this useful wizard for further guidance.

Can you also provide us with your wife and your dates of birth (month and year would be sufficient)?

Vinny and Obie, the OP has mentioned that they are "recently retired", suggesting that they are likely over 55 years of age and therefore born before 1983. Could they already have CUKC citizenship under the British Nationality Act 1948 (as amended in 1962, '68 and '71, hence the request for birthdates)? And if they already had CUKC citizenship before that date, would the British Nationality Act 1981 have retrospectively revoked the citizenship?

It seems to me , that the OP was not a citizen prior to and following commencement of the 1981 act, therefore I think vinny's advise was correct.

Both of the OP'S parent's were not British, and even if they were, I don't believe they were born in the UK.

[secret.simon]

We don't likely have any rights to UK citizenship. I am hoping for a Right of Abode through grandparents

Since 1983, only British citizens have the right of abode, except some Commonwealth citizens who have had right of abode before 1983 and have not lost it by their own actions, such as losing their Commonwealth citizenship.

If you were not settled in the UK before 1983, I think the odds of you retaining "Right of Abode" are very long. So, the only way for you to have Right of Abode is by having British citizenship.

It all boils down to whether either one of your parents was born in the UK. If either if them were, you would be a British citizen by descent (which means that your children will not inherit the British citizenship through you) and can apply for a British passport.

Commonwealth citizens with a grandparent born in the United Kingdom and Islands may be admitted for up to five years on this basis, and thereafter be granted indefinite leave to remain.

This refers to the UK Ancestry visa, alluded to by vinny above. While you are eligible for it, be aware that it is a work visa and that you "are able and planning to work in the UK" is one of the requirements.

After five years on the Ancestry visa, you would become eligible for "Indefinite leave to Remain", which means that you will have "settled" status in the UK. One year further along, you would be eligible for citizenship (so, 6 years in total).

Do you have any Irish descent, from either side of the border? Irish citizenship is comparatively easier to obtain (provided the appropriate registrations have been done). Once you have an Irish passport, you can settle in the UK and you will be considered "settled" on arrival. It would also be easier to get your spouse to the UK under an Irish passport rather than a UK passport (strange, but true).

However, it will still take you 5 years after arrival on an Irish passport to get British citizenship.

@Casa
I'm going out on a limb here, but the OP's parents would automatically have been CUKCs by descent without necessarily knowing it, if they were born to parents who were themselves born in the UK. If they have never exercised it and crucially, if they themselves were CUKCs by descent, would that also confer Right of Abode?
Can I also ask for a link to the website or document that you got the list of requirements for Right of Abode from?

To the OP;
In any case, given the complexity of the request (you can see it is complex from this thread), it is unlikely you would get a CoE-RoA before this fall (We're British, it is autumn here)/winter.

[steve85]

Thank you for your help. It is an Ancestry Visa we are eligible for. We will need to figure out if this what we want to do from here.

Thanks again for your help.

Steve

[Casa]

@secret.simon the link's from the UKVI gov website - prove your Right of Abode
https://www.gov.uk/right-of-abode/overview

[CR001]

Thank you for your help. It is an Ancestry Visa we are eligible for. We will need to figure out if this what we want to do from here.

Thanks again for your help.

Steve

My parents came to the UK on an Ancestry visa in their 60's. My mom (the main applicant with a British adoptive mother) worked part time in a pub Spam and my dad worked as a supervisor for a car wash company.