ILR or Right of abode - arrived in UK 1960

[Fey]

Almot 50 years on my mother still has an Indian passport she is now a widow my father was a British citizen and we her children all are. Every time her passport has expired it's meant a trip to Croydon to get her Indian passport stamped with an ILR stamp. She has just renewed her Indian passport and has to fly to India in the next few weeks. Looking at the Border Agency website I see that there is also something called “a right of abodeâ€

[f2k]

ILr and right of abode are different. ROA one has to be naturalised as a British Citizen. For peace of mind your mother can stump out another £500+ to get the stamp transferred to her new passport using the premium same day service (not guaranteed) or £165 using the postal route which can take foreverrrrrrrrrrrrrr.

She can travel with both passports of course, i have done it myself recently and i know other people who have done the same and have not faced any problems.

Hey for £735 or so, she could apply for naturalisation

[Fey]

Ok will think on the £500! but reassuring to hear the two passport option has worked for others so alternatively might suggest that she takes her collection of old passports with her.

As for the naturalisation route - unfortunately she would fail the English test! though she could tell you in detail (in punjabi) all about Dallas and Bobby Ewing! we should have just sorted it out years ago but never got around to it.

When she returns I'll have more time to investigate all avenues.

Many thanks

[geriatrix]

- The certificate is placed in a valid passport and expires when the passport expires. To have a certificate in your new passport, you must apply for one again.

Both ILR and ROA are stamped on the passport - but the ILR doesn't expire when the passport expires (unlike ROA).

As long as your mother holds an Indian passport, she'll either need to get the ILR transferred on to a new passport or carry with her the passport with ILR - along with her (new) valid passport - when she travels.

With ROA, she will need to apply for a new one everytime her Indian passport expires.

Solution (if your mom agrees to it) - naturalise as British and get a British passport, then OCI / Indian visa for travel to India.


regards

[JAJ]

ILR is permission to remain indefinitely under immigration control.

ROA is exemption from immigration control. One step down from British citizenship.

If your mother was a Commonwealth citizen (Indian) married to a UK-sourced British citizen before 1983, then she likely has Right of Abode on that basis.

Probably not relevant to her if ahe is 75, but if she was married before 1949 then she could already be a British citizen. Otherwise she needs to apply for naturalisation. Those aged 65 and over can be exempted the language and test requirements, see Annex E:
http://www.ukba.homeoffice.gov.uk/sitec ... chapter18/

[jmortoza]

Right of abode since 1983 is no longer issued as anyone born after that date to a female or male citizen is automatically British. It only exists for those who were born 1983 and they were also commonwealth citizens. Right of Abode may be something your mother would be entitled to if she had lived here in the UK before 1978 and can evidence this in her passport by a stamp. However it is more likely she will be entitled to ILR now and also as a dependent of her children under EC directive the right to join her family any where in Europe.
Hope this helps

[jamil05]

Age

1.4.4 We should exercise discretion to waive the requirements in the following way:
i.
Applicant aged over 65: we should waive the requirements without further reference to the applicant

ii. Applicant aged 60-65: we should normally be prepared to waive either or both requirements if the time needed to reach the required standard means that the applicant would then be aged 65 or over.

iii. Applicant aged under 60: we should not normally expect to waive the requirements for those under 60 on the basis of age alone.
1.4.5 Any case in which discretion is exercised in respect of an applicant under 65 should be sent to the Nationality Policy Team (NPT) for noting. Physical condition

1.4.6 Discretion should normally be exercised where the applicant is:
i. suffering from a long term illness or disability which severely restricts the ability to attend ESOL classes or to prepare for the UfI administered knowledge of life test; or

ii. deaf, mute or suffers from any speech impediment which limits ability to

[jamil05]

I think its worth while to go for naturalisation. She doesnt need the Life in Uk test