Right Of Abode for My sister

[canine]

Hello all,

I am new to this excellent forum, this being my first post. I have tried to do some search on ROA on this forum first, so please forgive me if some of my questions are actually repeated.

Some Background info First :

My father Came to UK from Pakistan in 1962. He was registered as a British national in 1972. My mum has been to UK several times but mostly stayed back in Pakistan due to family circumstances. We are 6 brothers & sisters. 4 in UK with British nationality, 2 living in Pakistan currently with Pakistani nationality.

Now to the Point :

This is really all about one of my two sisters in Pakistan, her name is Nargis. Nargis was born in 1976. She only came to UK with mum a couple of times in late 70’s when she was a child, but then remained in Pakistan with mum.

In September 2005 dad passed away and Nargis decided that she wanted to come to UK, to live with us. I consulted a few friends to research the possibility of a visa. Most people said it was probably not possible but someone with a little bit more knowledge asked me to read up on Right of abode. I consulted the website of British High Commission Islamabad and a bit of google search. I concluded the following :

To be eligible for CoE to ROA, Father must be British at time of birth by naturalization or registration.
Both parents must be legitimately married.

In case of my sister, she was born in 1976 (in Pakistan), while my father was registered British in 1972. My parents are/were married (dad is obviously passed away now).

So I concluded that she would be eligible. I downloaded the form VAF4 and filled it for her. I attached her Birth certificate, dad’ nationality registration document, dad’s British passport copy, Parents marriage certificate, Nargis’s Pakistani passport and National ID card. Applied to BHC in Islamabad through Gerry & Fedex 5 weeks ago. Apparently it takes up to 13 weeks for these cases. Case progress is “sort of “ track-able through gerry & fed ex website as well now.


Now that the application has been made, few things have occurred to me :


a) The fact that my sister was born after my father gained British nationality, did she automatically become British ? Does it matter that she was born in Pakistan ? Section 1.5 of the form asks for applicant’s nationality. I stated her nationality as “Pakistani”. Is that a mistake or will the high commission work it out that she automatically became British as well at birth i.e dual national. ?

b) In case if she is called for an interview, I think she should be prepared for it. Only problem is, I don’t know what they would want to know if they called her for an interview. Can you guys help me out here please ?

c) In case if her application is rejected for any reason, I would like to do my bit here in UK to lodge an appeal. Is this an expensive process ?

d) I did not seek any legal advice from anyone before making application. So I don’t know whether I did justice to her application. Can you think of anything obvious that I should have done before making the application ?


Your help will be truly appreciated. So thanks in advance.

Regards,
Canine

[JAJ]

a) The fact that my sister was born after my father gained British nationality, did she automatically become British ? Does it matter that she was born in Pakistan ? Section 1.5 of the form asks for applicant’s nationality. I stated her nationality as “Pakistani”. Is that a mistake or will the high commission work it out that she automatically became British as well at birth i.e dual national. ?

Based on the facts you've stated, she ought to be a British citizen (by descent). Why is she applying for ROA rather than a British passport?

I'm wondering if it would also be possible to obtain a UK consular birth certificate through the British High Commission in Islamabad, someone else may correct me but I'm not aware of any particular time limit.

[canine]

JAJ,

thanks for your response. When she was born, she was registered at local council ...the standard thing in Pakistan. In hindsight, yes she should have been registered with high commission in Islamabad. But, dad was not aware of these things and it did not happen.

Now i did not realise that this could be done at any age and that she could apply for a british passport straight. Perhaps you have highlighted the consequenes of me not takign any legal advice ?

regards,
Canine

[canine]

Since this place is a knowledge base, i thought its only fair that i should share the out come of teh application.

* Application was submitted In mid April.
* Got interview invitation on 20th July
* Attended Interview on 26th July
* Certificate of Entitlement given at interview, docuemnts to be collected from courier 3 days later.

Now about the Interview. My sister said that it lasted a grand total of about 4 minutes. The questions and answers were as follows :

Q1. Are you nervous
A1. No i am ok

Q2. Are you in good health
A2. Yes

Q3. Why did you apply for ROA rather than A British Passport ?
A3. In hind sight, i should have applied for British passport. However, i thought ROA was the only option for me when i made my application.

Q4. How can i be sure that you are who you claim to be ?
A4. You have all of my documents, including birth certificate, national ID card, Passport etc. If you require any further documentation, you are most welcome. Just let me know what you need.

Upon that, he said acknowledged and said he was giving the ROA, and that she can collect passport from Gerry's Fedex 3 days later.

Thats all. Its been a long wait but the outcome was good and as expected.

JAJ,
I think you were spot on in your reply to my post, especially in reference to the question that BHC asked my sister. I have realised a greater respect for your and this forum's knowledge.

Best regards,
Canine

[John]

Canine, that is good news.

Given that it appears clear that your sister is British there is nothing to stop her applying for and obtaining a British Passport after she arrives in the UK.

[JAJ]

Canine, that is good news.

Given that it appears clear that your sister is British there is nothing to stop her applying for and obtaining a British Passport after she arrives in the UK.

She may also be able to apply to the British High Commission in Islamabad for a British style birth certificate.

[canine]

John,

You are absolutely right. She's coming over in a couple of months and plans to apply for the passport then.

JAJ,

Thats a good point. Infact, thats something i would also like to do for myself if/when i happen to visit Pakistan. It'd be nice to have a proper British birth certificate like everyone else.

[ppron747]

Thats a good point. Infact, thats something i would also like to do for myself if/when i happen to visit Pakistan. It'd be nice to have a proper British birth certificate like everyone else.

You can do it through Nationality & Consular Registration Section, Consular Directorate, Foreign & Commonwealth Office, Old Admiralty Building, London SW1A 2PA. tel: 020 7008 1500
The cost is the same - circa £105, I think.