DO I QUALIFY FOR THE RIGHT OF ABODE?

[spatel07]

Hello and thank you for reading this.

I was wondering if you could help me with the following query regarding the ‘Right of Abode’ and if I and my two brothers can qualify to apply.

I am a Kenyan Citizen and was born in Kenya in 1950. My parents, now both deceased, held British Overseas Citizen status. My father was born in British India in 1928 and my mother was born in Kenya in 1928. My father registered as a British Citizen in 1952 while resident in Kenya. He registered under the ‘British Nationality Act, 1948, Section 6 (1). To add, I also have two brothers. One was born in Kenya in 1948 and the other, also born in Kenya in 1955.

Looking at the Right of Abode application (VAF4) can I and my two brothers qualify under the following categories stated on the form and in relation to the above facts?

*As someone whose father was born, registered, naturalised or adopted in the UK, prior to your birth, which occurred outside the UK before 1/1/83.

I think this section might apply to my brother who was born in 1955 since my father had registered in 1952, am I right?

*As someone who, at birth, was a citizen of the United Kingdom and Colonies and has or had a grandparent born, registered, naturalised or adopted in the UK.

Since I and my brothers were born in Kenya when it was still a British colony, does this mean we were citizens of the United Kingdom and Colonies / or British subjects by birth?
Also, both our grandparents were born in British India and had registered as British citizens while resident in Kenya.

Can I and my brothers qualify under any of the above categories?
If we can qualify, what documents do we need to provide in order to support the claim?

I would appreciate it very much if anyone could shed some light on this.

Thank you.

[penanglad]

The problem is that your father was registered in Kenya, not in the United Kingdom. That is why he did not have right of abode, and why he became a British Overseas citizen and not a British citizen in 1983.

[spatel07]

Thank you for your reply.

Yes my father registered in Kenya but when he registered, Kenya was still a UK colony.

Any one else who can help?

[JAJ]

Thank you for your reply.

Yes my father registered in Kenya but when he registered, Kenya was still a UK colony.

As far as your own citizenship is concerned, you would have been a Citizen of the UK and Colonies at birth. However, if you became a Kenyan citizen at independence in 1963 then you automatically lost your UK & Colonies citizenship unless you had ties to the UK itself or a place which remained a colony (British India was not a colony, sorry).