What's the better choice? British Passport or Right of Abode

[smtraxx]

Hi guys,

I have looked in all the old posts and did not find an answer to this question. I am an Australian who is marrying an Englishman next year.

I went to a Citizen Advise Centre with not much luck.

My question - I am entitled to a British Passport on both of my parents sides and through my grandparents too. Dad was born in Oxford, mum was born in Kenya(1943) both sets of grandparents all born in England.

If I get a British Passport does this allow me to marry in the UK? Or should I get a Right of Abode and does this allow me to marry?

Can I get dual citizenship and if so what does this mean?

We do not plan to immediately live in the UK but eventually we will.

I was also told of a fiancee visa. Our problem with that is we both work in the US so I won't be able to come to the UK untill say 3-4 weeks before the wedding.

Any help on this matter would greatly be appreicated.

Oh and I just remembered that the lady at the Advise Centre said that just because I can get a British Passport does not automatically mean I can live here ????

Once again any help guys - please.

Thanks very much

[ppron747]

Congrats on the forthcoming event...

You are a dual national! All it means is that you have two nationalities - and neither Australia nor the UK objects to it. In practical terms it means that you're a Brit in the UK, and an Australian in Australia. You wouldn't be expected to go to the Australian Consulate if you got into difficulties in UK, nor the British Consulate if you had a problem in Australia. If a problem arose in the USA, you'd go to the Consulate of whichever country's passport you entered the USA on. That's it, really.

For marrying in UK, it doesn't matter whether you get a passport or a certificate of entitlement to the right of abode - either will do. You certainly don't need a fiance visa or any form of entry clearance to come to UK for marriage, provided you've got either a Brit passport or an Australian one with a certificate of entitlement to the right of abode.

In your shoes, I'd get a British passport - apart from the general convenience of it, it proves that you're an EU national, rather than just someone who has the right of abode in UK, and this could save a spot of queuing when visiting other EU countries. And your brief encounter with the Citizens Advice Bureau has demonstrated the pitfalls of not having a British passport, hasn't it.....

Finally, the CAB remark about British passports not necessarily meaning you can live in UK is correct. There are SEVEN categories of British nationality (!) most of which don't have the right to live in UK... But you're a British CITIZEN and there's no doubt at all that British citizens have the absolute right to live here.

all the best

[JAJ]

Finally, the CAB remark about British passports not necessarily meaning you can live in UK is correct. There are SEVEN categories of British nationality (!) most of which don't have the right to live in UK...

I thought there were only six categories rather than seven?

[JAJ]

My question - I am entitled to a British Passport on both of my parents sides and through my grandparents too. Dad was born in Oxford, mum was born in Kenya(1943) both sets of grandparents all born in England.

If I get a British Passport does this allow me to marry in the UK?

Absolutely - yes. If you're in the U.S. just apply for your passport at the British Embassy in Washington DC. You'll need long form birth certificates for both parents, yourself plus their marriage certificate.

If you have a child born in the U.S. then it will be British "by descent" if your husband is born or naturalised in the UK (not because of you, because you're British by descent yourself). It's recommended to get a U.S. born child a British style birth certificate from the British Embassy in Washington DC as lifelong proof of British citizenship.

There is no problem with a future child of yours holding U.S. citizenship (from birth in the U.S.), together with both British and Australian citizenship by descent.

[ppron747]

I thought there were only six categories rather than seven?

Apologies, Quality Control - I tend to think of the two types of British subjects as being two different categories, since they're so very different from one another....

But you're right, there are six different names for the seven different categories (British citizen,British Overseas Territories citizen, British Overseas citizen, British subject (x2), British Protected person & British National (Overseas) for anyone who cares).

If one really wanted to be picky, that total could be reduced by one, given that BPP is a status rather than a nationality

[Christophe]

Although either choice - a British citizen passport or a certificate of entitlement to the right of abode in your Australian passport - would be equally valid proof of your right to live in the UK (and of your right to get married in the UK), it seems to me that it would make most sense to get a British passport.

Why? First of all, the cost is much the same if you apply outside the UK. (For some reason, a certicate of entitlement costs only £20 if you apply inside the UK, but it is much more expensive than that if you apply elsewhere.)

Secondly, a British passport is regarded as conclusive prima facie proof of British citizenship; and, moreoever, it is more widely recognised within the UK by 'unofficial', non-immigration-related people (such as those who work in citizens' advice bureaux, for example): this latter is a 'soft' advantage, rather than a 'hard' one.

Thirdly, the British passport is useful for travel, especially within Europe (although, to be honest, an Australian passport is good too, and even within the EU/EEA allows, at present, visa-free entry to countries as a visitor). A British passport will expedite your passage through airports within the EU/EEA - a trivial advantage in a way, but one that exercises the minds of lots of people! (It won't make any different in British airports, since people with a right of abode certificate in their passport may use the EU/EEA channel there.)

Fourthly, the British passport does prove that you have treaty rights within other EU countries and the non-EU EEA countries, should you wish to exercise those rights (e.g. to work or study).

[ppron747]

Is it possible for "proof" to be conclusive and prima facie at the same time? Aren't they mutually exclusive?

It might also be worth mentioning, in case smtraxx is tempted by a £20 certificate of entitlement to the right of abode, that the IND website admits to a 6-8 week delay in issuing them. Anecdotal evidence indicates this may be optimistic...

[Christophe]

Is it possible for "proof" to be conclusive and prima facie at the same time? Aren't they mutually exclusive?

Aha, yes; I ought to have said prima facie evidence, perhaps, and left out the 'conclusive'? 'Conclusive is probably wrong anyway; I guess what I meant was that for all ordinary, practical purposes it is considered to be proof of citizenship.

[smtraxx]

Thanks guys, you've been very helpful. I think I will go for the passport it now seems like the logical choice.
So I shall leave you to your friendly banter.
Once again thank you and have a great day and try and stay out of the heat.