Right of Abode Eligibility for ILR Father UK born baby

[srikanth22]

Hi All Experts,

Hope you're all well.

I am on ILR since 2019 and my wife is on Tier 2 dependent visa and baby born in the UK in 2020.
Due to family emergency we took Indian passport for baby and travelled to India. Now baby and wife both are in India from last 3 months.


I want to apply for Right of Abode - Certificate of entitlement from India to get my baby to the UK quick and once baby arrives in UK I want to apply for British passport for him.

Question is: Can you please confirm if my baby eligible for Right of Abode because baby is born in UK(Got UK Birth Certificate) and I'm on ILR(Indefinite Leave to Remain) when baby was born.


Your help will be greatly appreciated.

Many Thanks

[srikanth22]

Hi All Experts,

Hope you're all well.

I am on ILR since 2019 and my wife is on Tier 2 dependent visa and baby born in the UK in 2020.
Due to family emergency we took Indian passport for baby and travelled to India. Now my baby and wife both are in India from last 3 months.


I want to apply for Right of Abode - Certificate of entitlement for my son from India so that I can quickly get him to the UK and once baby arrives in UK I want to apply for British passport for him.

Question 1: Can you please confirm if my baby eligible for Right of Abode because baby is born in UK(Got UK Birth Certificate) and I'm on ILR(Indefinite Leave to Remain) when baby was born.


Question 2: Can I claim British citizenship for my son as he acquired British citizenship by birth under Section 1(1)(b) of British Nationality Act 1981.


Your help will be greatly appreciated.

Many Thanks

[vinny]

1. Yes.

2. Yes.

[srikanth22]

1. Yes.

2. Yes.

Thank you Vinny. Thanks for your swift response

[srikanth22]

1. Yes.

2. Yes.

Sorry Vinny. One more question regarding the clause we need to use in covering letter after filling the form.

1. Do we need to mention any clause which we are basing the application on and we expect case worker to consider based some Citizenship act clause?

2. If so I'm thinking of putting a statement something like below. is it okay? or do we need to mention any other clauses? is it okay??


My son is claiming British citizenship as he acquired British citizenship by birth under Section 1(1)(b) of British Nationality Act 1981. I have enclosed original copy of my son's full Birth Certificate, copy of my ILR (Indefinite Leave to Remain) and marriage certificate.



and of course I'm intending to attach below extra documents


Applicant original passport
Applicant original full Birth certificate
Applicant Parents’ marriage certificate
Copy of Applicant Father ILR
Copy of applicant Father Passport
Copy of applicant’ Mother Passport and Visa
Applicant Father bank statement (3 months)


Can you please confirm me if I'm missing anything.

Thank you very much