Certificate of Entitlement to the Right of Abode for a spouse

[ronnab]

Hi all - wondering if anyone had any insight for me so I can decide whether or not to apply for myself.

My husband was born in the UK in 1956 and moved away when still a child. He has never claimed British citizenship nor has he lived there since the 60s.

But last year he applied for and very quickly got the CoE. All he had to provide was his British birth certificate and the whole thing was approved and stuck in his passport in 10 days.

Now I wonder if I am eligible to apply as well on the basis of being married to him since 1978?

I know the rules say:

1. I must have been married before 1st January 1983 - clearly not an issue and
2. my husband must have had the right of abode before that date - this part seems unclear because I suppose he did have the right abode before we were married; he just did not stake a claim until recently

The part where it says my husband must have had the right of abode before we were married - is there an accepted interpretation of what that means?

[vinny]

Worth a try, if you are a Commonwealth national wife, etc.

[secret.simon]

By birth in the UK before 1983, your husband is a British citizen otherwise than by descent automatically and can also apply for a British passport with the same documentation as that for the CoE-RoA.
He was a CUKC with Right of Abode since birth, even if he had not claimed it in the past.
If you have retained Commonwealth citizenship for the entire duration of the marriage (I think the only complications are South Africa, Zimbabwe and Pakistan), I think you will have acquired and retained Right of Abode by virtue of your pre-1983 marriage.
So, what are your nationalities?

[vinny]

If the flag is correct, then it’s Maldives.

[ronnab]

By birth in the UK before 1983, your husband is a British citizen otherwise than by descent automatically and can also apply for a British passport with the same documentation as that for the CoE-RoA.
He was a CUKC with Right of Abode since birth, even if he had not claimed it in the past.
If you have retained Commonwealth citizenship for the entire duration of the marriage (I think the only complications are South Africa, Zimbabwe and Pakistan), I think you will have acquired and retained Right of Abode by virtue of your pre-1983 marriage.
So, what are your nationalities?

Yes, my husband's situation is pretty clear. He's had the right of abode as well as the full citizenship since birth and hasn't ever lost it. He only got around to claiming RoA last year (and he's never claimed citizenship).

My understanding of my situation is similar to yours, in that my husband always had these rights so I acquired them when we married (regardless of his never having claimed anything before).

I'm just not completely sure if that's the working interpretation of the immigration rules, hence why the queries before I go through the application process.

And oh, my husband's had an Indian passport all his life and I've had a Kenyan passport all my life.

(The Maldives is just where I wish I were living!)

[secret.simon]

It seems that your husband certainly and you almost certainly have the right to reside in the UK.

However be aware that at your age, starting a new life in the UK will not be easy.

British citizenship does not amount to much when it comes to government support. Most benefits and the state pension are contributory in nature and require years of paying taxes. For instance, entitlement to the state pension only kicks in after a minimum of ten years of national insurance contributions, with at least 30 years required for a full state pension.

And if you haven't paid in, be aware that you may not be eligible for much government assistance, even if you're British citizens or have the right to reside in the UK.

Housing is also quite expensive in southern England and central Scotland.

Factor all that in when planning to move to the UK.

[ronnab]

Oh we really have no intention to move! If that were the case my husband could have claimed citizenship a long time ago and we wouldn't be fussing over the RoA business.

The RoA does make it easier to come and go as we please and eliminates the need to keep applying for visas every few years along with the associated waiting and costs.

[ronnab]

Quick update should this help anyone with a similar query.

I ended up applying for the RoA on the basis of being the spouse of a man born in the UK.

I had my appointment on 23 October and the application was processed and I have been issued a Certificate on 30 October.

For clarity's sake, my initial concern was if I would be eligible, because my husband was born in the UK, but has never claimed UK citizenship. He also did not apply for the right of abode until earlier this year. The bit in the rules about my husband's status at the time we were married was the unclear / doubtful one, but it appears that the official interpretation was that my husband has had an irrefutable right to UK citizenship since his birth, and that fact he has never made an official claim to it was irrelevant.