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Maybe stupid Right of Abode question

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danii
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Maybe stupid Right of Abode question

Post by danii » Tue Jul 18, 2006 10:09 pm

Hi, I've got a question about Right of Abode. I know it might be silly to ask, but thought I'd give it a shot.

My father had a Certificate of Entitlement to the Right of Abode in his passport.

I have read the rules for entitlement to this certificate and they say:

Certificate of Entitlement to the Right of Abode: Who qualifies?

* Commonwealth women who, prior to 01/01/83, had at any time been married to a man who has the right of abode in the UK

Does this mean that my mother, being a commonwealth citizen, and married to my father before that date, would be entitled to this certificate as well?

Lastly, what does this mean for me, with regards to wanting to live in the UK?

Thanks a lot in advance,

Danii

ppron747
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Post by ppron747 » Tue Jul 18, 2006 10:15 pm

Not stupid at all!

On the first question, probably yes, but we'd need to know which Commonwealth country to be sure.

On the second question, probably nothing, but you've been a bit sparing on your own family background - where and when you & your parents & grandparents were born - so it's impossible to be certain.
|| paul R.I.P, January, 2007
Want a 2nd opinion? One will be along shortly....

danii
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Posts: 10
Joined: Tue Apr 25, 2006 7:12 pm
Location: London

Post by danii » Tue Jul 18, 2006 10:18 pm

Sorry to be so vague and thanks for your prompt reply.

My grandmother was born in Kenya to English parents. My grandfather in Trinidad.

My father was born in Trinidad and got the certificate of entitlement to right of abode due to my grandmother's British Citizenship.

My mother was born in Trinidad and so was I.

ppron747
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Posts: 950
Joined: Wed Oct 19, 2005 6:10 pm
Location: used to be London

Post by ppron747 » Tue Jul 18, 2006 10:58 pm

Gosh, Danii, you've got me stumped, and I supposedly know this stuff!

The only conclusion I can reach on your father's CofE is that it may have been issued in error, I'm afraid, unless you've got some of the information wrong...

The way things would have worked is that your father (assuming he was born before 31 August 1962) would have been a citizen of the UK & Colonies (CUKC), by birth in the colony of T&T.

When T&T became independent he would have become a citizen of T&T and lost UK citizenship, automatically.

When the Immigration Act 1971 came into force he could only have acquired the right of abode as a Commonwealth citizen if he had a parent born in the UK. But he didn't have a parent born in UK - his parents were born in Kenya and Trinidad.

So he cannot possibly have the right of abode, on the information you've provided, which means he cannot have a CofE.

Which in turn means your mother shouldn't be able to have one either - and I don't know what would happen if she were to apply for one; it should be refused, but you never know....

Either way, I cannot see that it would make a difference to your own situation - sorry!
|| paul R.I.P, January, 2007
Want a 2nd opinion? One will be along shortly....

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