Certificate of Entitlement (CoE) Query

[Mraj93]

I am Indian citizen born in 1985 in India,I have been granted CERTIFICATE OF ENT TO RIGHT OF ABODE under section 2(1)(a),
On 08/01/13 to 09/01/21(passport expired),
From 2013 to 2019 I had worked in UK.
My query is that I have been granted ROA through Appeal.
My grandfather was registered as British citizen and my mother born in India has granted CoA to RoA in 2009 and I applied for the same in 2011,But the respondent refused my application so I made an appeal in First-tier court but the Judge Ruth refused my appeal on 27th June 2012,so I made appeal again at Upper Tribunal court on 9
Nov 2012
On 19 dec 2012 the appeal was allowed and I am granted RoA.
Now I am planning to apply for CoE to RoA again as I had worked in UK for continuous 5 years and payed Tax according.
will be there any complications regarding my fresh application.
Hoping your kind response
Thanks

[secret.simon]

On 19 dec 2012 the appeal was allowed and I am granted RoA.

Not having access to the wording of the judgement of the Upper Tribunal, it is hard to say.

If the judgement expressly states that you have the Right of Abode, then I don't think you should have an issue.

[Mraj93]

Dear secret.simon

But in other ways I am born in a commonwealth country India at 1985.Before my parents birth maternal grandfather was Naturalised (previously quoted as registered sorry for that) as British citizen
Is there any way open for me to grant CoE to RoA through grandparent.

Thankyou.

[vinny]

I believe the Home Office considers that for people born from 1 January 1983, only British citizens have a right of abode. Did the UT judgment confirm that you are a British citizen?

[Mraj93]

In 2009 my mother had applied for CoE to RoA but the respondent refused the application and she made a appeal against decision and the appeal was allowed under the immigration act 1971 and was endorsed with RoA under section 2(1)(a) as I know the above section states that (A citizen of UK and colonies who was born,adopted,naturalized or registered in the UK or islands),but actually my mother was not born in UK and I dont why she was endorsed with that section.
Now I need to know can I apply for registering as BC on the basis of my mother and grandfather under UKF.
Few months back I have seen a news that UKF section will be changed because of the gender discrimination,which allows childrens born before 2006 to a British mother can also register as BC.

[secret.simon]

You are getting confused between Form UKF (which applies to the children of unmarried British fathers before 2006) and Form UKM (which applies to the children of British mothers born before 1983).

As you were born in 1985, you don't qualify for Form UKM.

However, if you (not your mother) already have a CoE-RoA stamped in your passport, that means that you are already a British citizen (because you were born after 1983 and after that year, only British citizens had RoA. Ergo, if you have RoA, you are already a British citizen), as @vinny has mentioned above.

Did your mother live in the UK at any point of her life? Was your grandfather registered as a British citizen before your mother's birth?

[Mraj93]

Mother was born in 1960 and haven't lived in UK before I was born.
But grandfather was first registered as BC in Singapore on 1954 (British colony )at the time he was working as Army depot police which is under Crown service.
And then he moved to UK and had been ordinary resident in the UK for over 5 years and singapore had become independent in 1963.In 1966 he had applied for the second registration certifcate in UK and it was granted.
while my mother applied for RoA in 2009 she had submitted the 1954 registration certificate which was issued in singapore.

[secret.simon]

I have been granted CERTIFICATE OF ENT TO RIGHT OF ABODE under section 2(1)(a),
...
On 19 dec 2012 the appeal was allowed and I am granted RoA.

Does this judgement state that you have British citizenship? If not, can you reproduce over here the findings of the judgment?

[Mraj93]

Dear secret.simon

Attaching the copy of preliminary determination and reasons.

https://ibb.co/QbCLkh2
https://ibb.co/7GwgPhh

[vinny]

The judgment appears to conclude that your mother was a British citizen otherwise than by descent. This makes you automatically British by descent.

Include a copy of it when making an application.

However, be prepared!

[Mraj93]

Attaching the findings in mothers judgement.

https://ibb.co/BGM731p
https://ibb.co/w44gsY7

[Mraj93]

Mothers decision is that appeal is allowed under immigration act 1971 and endorsed CoE to RoA stamp under sec 2(1)(a) of immigration act 1971,
Which concludes she (mother) as a British citizen.

Attaching the findings in mothers decision
https://ibb.co/J739yMS
https://ibb.co/xGcM2sp