Right of Abode for adult child of parents with RoA

[ronnab]

My husband was born in the UK in the 1950s. As such, he is entitled by right to claim British citizenship, but he hasn't ever done so, and likely never will.

Just last year, he claimed Right of Abode and this was granted. On that basis, I claimed it as well, and it was granted to me too by virtue of having been married to him.

Now I am wondering if this is something my daughter can use? The guidance does state that "A CUKC born to or adopted by a parent who, at the time of the person’s birth or adoption, had right of abode under s.2(1)(a) of the 1971" so a basic understanding of that does imply that she does qualify.

But it isn't clear . explicit enough that I feel comfortable enough to encourage her to use this as a basis to apply for RoA.

If anyone has any input on whether or not this is something that is feasible, it will be much appreciated.

To summarise : Can the adult daughter (born before 1983) of a man born in the UK (in the 1950s) who just claimed (and got) RoA recently claim RoA for herself?

[secret.simon]

Where was your daughter born?

If she was born outside the UK, she'd be able to apply for RoA (and even a full British passport). She'd need her father's UK birth certificate, her parents' marriage certificate and her own birth certificate.

However, note that her children (if she has any children born outside the UK) won't benefit from her British citizenship (she has RoA because she is also a British citizen). Nor would her spouse, because if she wants to sponsor him to the UK, she'd have to live in the UK for at least six months on her own, earning a minimum salary of at least £29,000 per annum.

[ronnab]

Disclosure : I has started a topic several months ago, but wasn't in a position to reply to any messages so it was locked. Hence why I'm doing it again.

A quick recap of the background is:

• My husband was born in the UK in the 1950s. As such, he is entitled by right to claim British citizenship, but he hasn't ever done so, and likely never will.

• But just last year, he claimed Right of Abode and this was granted very quickly. On that basis, I claimed it as well, and it was granted to me too by virtue of having been married to him.

Now I am wondering if this is something my daughter can use? The guidance does state that "A CUKC born to or adopted by a parent who, at the time of the person’s birth or adoption, had right of abode under s.2(1)(a) of the 1971". So a basic understanding of that implies that she does qualify.

But the legalese isn't clear / explicit enough that I feel comfortable enough to encourage her to use this as a basis to apply for RoA. If it's denied, then I don't want that to impact her future regular visitor visa applications.

If anyone has any input on whether or not this is something that is feasible, it will be much appreciated.

To summarise :

• Father born in UK, never claimed British Citizenship, always had an Indian passport, but was granted RoA in 2024

• Mother born in Kenya, always had a Kenyan passport, married in the 70s, was granted RoA in 2024 on the basis of being married to someone with RoA

• Adult child, born in India in 1981, always had an Indian passport

Can the adult daughter (born before 1983) of a man born in the UK (in the 1950s) who just claimed (and got) RoA recently claim RoA for herself? Neither parents have a British Passport, but it would appear the father is entitled by right to British Citizenship on account of his birth in Britain in the 1950s.

It seems my daughter would be eligible. But like I said I don't want to encourage her and if there's a denial have it count against her in future.

[CR001]

Topics merged. You were given advice previously. Unsure what other advice you would expect?

[ronnab]

I did say right away that I had posed this query already and that I'm asking the question again because the original topic was locked.

So I so apologise for my repetition.

But wow. That was rude and curt.

[razergd1]

If all is true then the 1981 born child is British by descent.
A. Father born in the UK in the 1950's (British by birth BNA'48).
B. The child mother was married to the father when the child was born as she was born in 1981 then her nationality also covered by BNA'48 but she would have been a British citizen even under BNA'81.

She can opt for full British passport or RoA certificate. As she's Indian I would suggest that she get advice regarding the implications on the Indian nationality before applying for British passport.

[contorted_svy]

If she applied for a RoA and it was denied, I don't believe that would impact her chances to get a visa.