Right To Abode advise

[scottinmanila]

Hi there, I am a British national residing in the Philippines, I am married to a philippino and we have 3 children, 2 of which have British passports, my youngest currently does not have a British passport and holds a Philippino passport. all 3 of my children were born in the Phillipines . We are planning on going to the UK in December for a holiday and I have applied for a tourist visa for my wife and youngest child. both my wife and youngest have travelled to the UK previously on tourist visas but I received an email today from FCO GOV stating that my youngest may qualify for Right of Abode and I need to apply for the Right of Abode (COE) application.

My questions are : Do I HAVE to apply, my sons philippino passport expires in November 2020 and in looking at the rules, I would have to apply again for a COE for his new passport, this will be awfully expensive.
If I do not apply, do I have the right to request FCO GOV to just continue with his tourist visa given the knowledge I will be applying for a full British passport once we return.

There is a huge difference in cost for a tourist visa 95 pounds, as opposed to a COE which is 388 pounds.

Thank you for any advise you can give, it would be greatly appreciated.

[vinny]

They may refuse a visitor visa to a person with the right of abode. Child may apply for either a British passport or a CoE-RoA, if you are British otherwise than by descent.

[scottinmanila]

Hi Vinny, thanks for your reply, so they could actually refuse a visitor visa, wow so that means I would have to apply for the COE. seems a bit of a rip off considering his passport expires in Nov 2020.

[vinny]

Indeed.

[scottinmanila]

Hi Vinny, Have you heard of any instances that a visitor visa has been refused for a 5 year old where they may qualify for a right to abode ? I don't want to 'rock the boat' but as this is his 2nd time of getting a UK visa and this was not picked up the first time. do you think the FCO will take into consideration the outstanding length of his passport and the cost involved to apply for a COE.

Thanks in advance

[vinny]

It depends on whether they can deduce that the child is British and the ECO’s (Entry Clearance Officer) knowledge of the implications.

[scottinmanila]

Hi Vinny, I’m so glad your helping me with this !! Thank you, I’m still a touch confused though, I’m legally married and have 2 of my other children with British passports , he has been granted a visa before to travel to the uk which he has and returned, all the documentation supplied supports he is my legitimate child, I have been negligent in the fact that I as yet have not applied for his UK passport, what is the likelihood of his visa being rejected if I reply to FCO and request to not apply for the COE and continue with the visitor visa ?

Thanks again for all your advice !!

[vinny]

Visit Guidance:

People who are British citizens or who have right of abode

A person who is a British citizen, or who has right of abode in the UK cannot be given leave to enter or remain under the Immigration Rules. This is because under section 1(1) of the Immigration Act 1971 a person with right of abode is not subject to immigration control.

If a person who has right of abode applies for a visit visa and you are satisfied that they have right of abode, you should advise them that their application cannot be considered, the application will lapse, and they may want to apply for a certificate of entitlement to the right of abode or a British passport instead. The application fee will not be refunded.

If you believe the person may have right of abode in the UK, but they cannot establish their claim, you can issue a visit visa provided the applicant meets the Immigration Rules, and provided you are satisfied that they have made genuine and reasonable attempts to obtain the relevant documents. Where you are not satisfied that they meet the rules, they can be refused a visa in line with the rules (for example, that they are not a genuine visitor).

[scottinmanila]

Hi Vinny,

Thanks for some clarification, it looks like I will have to bite the bullet and pay for the COE, do you think this is the best approach ? or do I have the right to decline the right to abode COE and request they continue processing the visa ?