Right of Abode or British Passport or Indian Passport?

[ranji82]

Hi Guys,

I got British Citizen Ship via Naturalisation and My baby born in india after my naturalisation.

I applied for Right of Abode for My Kid .. Its got rejected 2 times .. First time they can't see the My Original Naturalization Certificate I provided along with the application.

Second time they rejected stating

" I accepted that you have now submitted your father's certificate of naturalisation. How ever, I note that he had obtained his British Citizenship by registration under Section 6(1) which does not entitle you to Right of Abode in the UK. I draw your attention to the following link. which details eligibility for a right of abode in the UK.

https://www.gov.uk/government/uploads/s ... _57_v4.pdf

There fore your application is refused in accordance with section 2(1) of the 1971 Act "

Please can you advice .. Are they right rejecting my kids application?

Thanks,
Ranjith.

Hello Ranjith

Its quite unfortunate that they have rejected it twice even though you child is clearly eligible for ROA.

My questions to you.

When ROA was rejected first time, Vinny has advised few things such has email them and also refered you a similar case(Try sending them an email, as mpemma did?) DID YOU FOLLOW THEM?

You state that you had submitted your original naturalisation certificate first time, did you send a covering letter with it to say
1. List of Documents enclosed.
2. You are sponsoring your childs trip to uk.

What is your spouse visa status?

Can you post your rejection letter? Just the reason for rejection (Both 1st time and 2nd time)

Again your baby is eligible for ROA
Section 2(1)(a)

All the best

Hi Mahesh,

Thanks a lot for your reply. I haven't send any email to them first time as they mentioned required documents are missing and I observed this process is taking time hence I applied again.

I did send covering letter both first time and second time mentioning list of documents I sent.

My spouse is on FLR(M) valid till October 2016.

as I mentioned above first time they rejected stating " Orginal British Nationality Certificate is not included" and second time they rejected stating below reason

I accepted that you have now submitted your father's certificate of naturalisation. How ever, I note that he had obtained his British Citizenship by registration under Section 6(1) which does not entitle you to Right of Abode in the UK. I draw your attention to the following link. which details eligibility for a right of abode in the UK.

https://www.gov.uk/government/uploads/s ... _57_v4.pdf

There fore your application is refused in accordance with section 2(1) of the 1971 Act

I am planning to send an email to chennai bhs .. can some one guide what should I include in that email?

Thanks,
Ranjith

[Mahesh Gowda]

Hi Guys,

I got British Citizen Ship via Naturalisation and My baby born in india after my naturalisation.

I applied for Right of Abode for My Kid .. Its got rejected 2 times .. First time they can't see the My Original Naturalization Certificate I provided along with the application.

Second time they rejected stating

" I accepted that you have now submitted your father's certificate of naturalisation. How ever, I note that he had obtained his British Citizenship by registration under Section 6(1) which does not entitle you to Right of Abode in the UK. I draw your attention to the following link. which details eligibility for a right of abode in the UK.

https://www.gov.uk/government/uploads/s ... _57_v4.pdf

There fore your application is refused in accordance with section 2(1) of the 1971 Act "

Please can you advice .. Are they right rejecting my kids application?

Thanks,
Ranjith.

Hello Ranjith

Its quite unfortunate that they have rejected it twice even though you child is clearly eligible for ROA.

My questions to you.

When ROA was rejected first time, Vinny has advised few things such has email them and also refered you a similar case(Try sending them an email, as mpemma did?) DID YOU FOLLOW THEM?

You state that you had submitted your original naturalisation certificate first time, did you send a covering letter with it to say
1. List of Documents enclosed.
2. You are sponsoring your childs trip to uk.

What is your spouse visa status?

Can you post your rejection letter? Just the reason for rejection (Both 1st time and 2nd time)

Again your baby is eligible for ROA
Section 2(1)(a)

All the best

Hi Mahesh,

Thanks a lot for your reply. I haven't send any email to them first time as they mentioned required documents are missing and I observed this process is taking time hence I applied again.

I did send covering letter both first time and second time mentioning list of documents I sent.

My spouse is on FLR(M) valid till October 2016.

as I mentioned above first time they rejected stating " Orginal British Nationality Certificate is not included" and second time they rejected stating below reason

I accepted that you have now submitted your father's certificate of naturalisation. How ever, I note that he had obtained his British Citizenship by registration under Section 6(1) which does not entitle you to Right of Abode in the UK. I draw your attention to the following link. which details eligibility for a right of abode in the UK.

https://www.gov.uk/government/uploads/s ... _57_v4.pdf

There fore your application is refused in accordance with section 2(1) of the 1971 Act

I am planning to send an email to chennai bhs .. can some one guide what should I include in that email?

Thanks,
Ranjith

Hello Ranjith,

This is what i did, you should try ( send email to ask whether your daughter qualifies for ROA (dont tell them it was rejected now), once they reply YES, then explain that they have rejected twice, i personally feel they will overturn and issue ROA)

All the best

Hello There,

I Mahesh Malle Gowda and my wife Amitha Anne Gowda is INDIAN national legally settled in the UK since September 2010 and May 2013 respectively. We are residing at 9 Wades Road, Filton, Bristol BS34 7EA, UK.

My daughter Kavana Mahesh Gowda was born in NHS Southmead hospital, Bristol, UK on 21st March 2013. She is BRITISH by birth on the basis ‘Born in the UK after 1983 to legally settled parent in the UK’.

But I choose Kavana Mahesh Gowda to have Indian passport to be in line with my status.

After getting Indian passport to kavana We travelled back to India on 19th May 2013 for house warming ceremony of my sister and now want to return back to UK.

Queries
======
1. Does Kavana need any VISA? To travel back to UK.

2. Should I apply for Right of Abode (ROA) or Certificate of Entitlement for our daughter Kavana Mahesh Gowda.
Our daughter Kavana Mahesh Gowda is claiming right of abode on the basis of ‘Born in the UK after 1983 to legally settled parent in the UK’. She is claiming right of abode through her father who is legally settled in the UK since September 2010.

Request to please clarify. Your help in this regard is much appreciated.

Please note indian authority at airport won't allow kavana to travel back to UK unless she has a letter or visa stamped.

Thanks and Best Regards


Mahesh

EMAIL REPLY

Chennai.VisaEnquiry@fco.gov.uk
04/06/2013

to me
Dear Mr mahesh

Thank you for your email.

You daughter qualifies for a Certificate of entitlement to right of abode. Information for this category will be found in the link below.

http://www.ukba.homeoffice.gov.uk/briti ... -of-abode/

We advise applicants to visit our website mentioned above and satisfy themselves of the Immigration rules before making an application.

Yours sincerely

Casework Team | Visas and Immigration | South India and Sri Lanka | Home Office | British Deputy High Commission, 20 Anderson Road, Chennai 600 006, India | Fax : (91) 44 42192320, (91) 44 42192155 | * : Chennai.VisaEnquiries@fco.gov.uk | Web : www.ukba.homeoffice.gov.uk


BEST OF LUCK

[ranji82]

Hi Mahesh,

Thanks a lot for this. I will try as you suggested . As part of rejection letter case worker suggested us to go through below link.

https://www.gov.uk/government/uploads/s ... _57_v4.pdf

I have gone through it twice and I can't find any section which will state my kid is not eligible for ROA.

can you please have look. much appreciated.

Thanks,
Ranjith

[vinny]

If a parent was a naturalised British citizen prior to child's birth, then child is automatically a British citizen. Then the ECO is misinterpreting the legislation.

[Mahesh Gowda]

Hi Mahesh,

Thanks a lot for this. I will try as you suggested . As part of rejection letter case worker suggested us to go through below link.

https://www.gov.uk/government/uploads/s ... _57_v4.pdf

I have gone through it twice and I can't find any section which will state my kid is not eligible for ROA.

can you please have look. much appreciated.

Thanks,
Ranjith

Ranjith
Vinny is the best bet

All the best

[ranji82]

Thanks Vinny and Mahesh. I will be sending an email to Chennai BHS and hope for the best.

I got a question .. If my kid got ROA on his indian passort and once he renew his passport do we need to apply again for ROA or ROA in expired passport will be sufficient ?

Thanks,
Ranjith

[Mahesh Gowda]

Thanks Vinny and Mahesh. I will be sending an email to Chennai BHS and hope for the best.

I got a question .. If my kid got ROA on his indian passort and once he renew his passport do we need to apply again for ROA or ROA in expired passport will be sufficient ?

Thanks,
Ranjith

You need new ROA ever time you renew passport.

[sivks]

I am filling the "Right of adobe" application form for my UK born child who has got Indian passport( Me and Wife on ILR)
Child born after we got ILR.

I have a query on question 1.8 on application form https://www.gov.uk/government/uploads/s ... ssible.pdf

What is the right answer for "Your present nationality"( question 1.8 in the above form) : Indian or British

Just for info I am filling question 1.3 , On what grounds do you claim to the right of abode as British citizen.

Thanks,
Siva

[Mahesh Gowda]

I am filling the "Right of adobe" application form for my UK born child who has got Indian passport( Me and Wife on ILR)
Child born after we got ILR.

I have a query on question 1.8 on application form https://www.gov.uk/government/uploads/s ... ssible.pdf

What is the right answer for "Your present nationality"( question 1.8 in the above form) : Indian or British

Just for info I am filling question 1.3 , On what grounds do you claim to the right of abode as British citizen.

Thanks,

1.3 British Citizen
1.8 bit tricky, but i would say indian (by birth baby is British)
Siva

[sivks]

Thanks Mahesh,
But If I write "Indian" for question 1.8 is it not contradict to the answer given to question 1.3 ( British) ?

[ranji82]

Thanks Vinny and Mahesh. I will be sending an email to Chennai BHS and hope for the best.

I got a question .. If my kid got ROA on his indian passort and once he renew his passport do we need to apply again for ROA or ROA in expired passport will be sufficient ?

Thanks,
Ranjith

You need new ROA ever time you renew passport.

Hi Mahesh,

I sent email to BHS as per your suggestion .. Its been 5 days still waiting for response .. how will it took for you ?? .. can I follow it up?

Thanks,
Ranjith.

[Mahesh Gowda]

Thanks Mahesh,
But If I write "Indian" for question 1.8 is it not contradict to the answer given to question 1.3 ( British) ?

Its not contradicting.

Your baby is British by birth, u chose to take indian citizenship so ur baby is dual national.

But you dont have proof that she is British thats the reason u are applying for ROA.

ROA is given to british, who doesn't possess BRITISH PASSPORT.

[dimples123]

sorry to interrupt on this thread!

I was born in the UK in 1995 and I am 20 years old. My mother was a british citizen and my father Indian and he naturalised in 2001/2 im not quite sure of the date. I want to apply for ROA from within the UK and just not understanding which documents I will need to submit as I am dual national since birth. I know I will need to submit my indian passport and my original full birth certificate alongside my mothers original birth certificate but is there anything else that I should submit?

PLEASEEEEE help me out as I am in urgent need of the ROA as I have to travel abroad at the end of July xxxxxx

[vinny]

Was your mother or father settled or British at the time of your birth?

[dimples123]

my mother was born here in the UK too and she was british citizen at the time

[dimples123]

Was your mother or father settled or British at the time of your birth?

my mother was born here in the UK too and she was british citizen at the time

[sivks]

Thanks Mahesh,
But If I write "Indian" for question 1.8 is it not contradict to the answer given to question 1.3 ( British) ?

Its not contradicting.

Your baby is British by birth, u chose to take indian citizenship so ur baby is dual national.

But you dont have proof that she is British thats the reason u are applying for ROA.

ROA is given to british, who doesn't possess BRITISH PASSPORT.

Thanks Mahesh.

[ranji82]

Thanks Vinny and Mahesh. I will be sending an email to Chennai BHS and hope for the best.

I got a question .. If my kid got ROA on his indian passort and once he renew his passport do we need to apply again for ROA or ROA in expired passport will be sufficient ?

Thanks,
Ranjith

You need new ROA ever time you renew passport.

Hi Mahesh,

I sent email to BHS as per your suggestion .. Its been 5 days still waiting for response .. how will it took for you ?? .. can I follow it up?

Thanks,
Ranjith.

Hi Mahesh,

I sent email to BHS as per your suggestion .. Its been 5 days still waiting for response .. how will it took for you ?? .. can I follow it up?

Thanks,
Ranjith.

[dimples123]

PLEASE CAN ANYONE HELP ME

sorry to interrupt on this thread!

I was born in the UK in 1995 and I am 20 years old. My mother was a british citizen and my father Indian at the time of my birth and he naturalised in 2001/2 im not quite sure of the date. I want to apply for ROA from within the UK and just not understanding which documents I will need to submit as I am dual national since birth. I know I will need to submit my indian passport and my original full birth certificate alongside my mothers original birth certificate but is there anything else that I should submit? do I have to submit their marriage certificate or my dad's naturalisation certificate aswell? this is the reason as to why I am confused :/


PLEASEEEEE help me out as I am in urgent need of the ROA as I have to travel abroad at the end of July xxxxxx

[vinny]

You are eligible because of your mother.

Applicant was born outside the United Kingdom and the Falkland Islands on or after 1st January 1983, or outside the United Kingdom and any qualifying British overseas territory on or after 21st May 2002, to a parent born in the United Kingdom or the Falkland Islands (or, on/after 21 May 2002, any qualifying British overseas territory) or to a parent registered or naturalised in the United Kingdom prior to the applicant’s birth

(i) Applicant’s full birth certificate showing parents’ details;
(ii)Parents’ marriage certificate (if claiming through father); and
(iii)Parents’ full birth certificate, registration or naturalisation certificate

[dimples123]

You are eligible because of your mother.

Applicant was born outside the United Kingdom and the Falkland Islands on or after 1st January 1983, or outside the United Kingdom and any qualifying British overseas territory on or after 21st May 2002, to a parent born in the United Kingdom or the Falkland Islands (or, on/after 21 May 2002, any qualifying British overseas territory) or to a parent registered or naturalised in the United Kingdom prior to the applicant’s birth

(i) Applicant’s full birth certificate showing parents’ details;
(ii)Parents’ marriage certificate (if claiming through father); and
(iii)Parents’ full birth certificate, registration or naturalisation certificate

thank u Vinny and it seems like my full birth certificate and my mothers one will be enough wont they? xxxxx

[20shamat]

Thanks Mahesh,
But If I write "Indian" for question 1.8 is it not contradict to the answer given to question 1.3 ( British) ?

Its not contradicting.

Your baby is British by birth, u chose to take indian citizenship so ur baby is dual national.

But you dont have proof that she is British thats the reason u are applying for ROA.

ROA is given to british, who doesn't possess BRITISH PASSPORT.

Thanks Mahesh.

Hi Guys,
Just updating you with my experience when I submitted the application. I too had mentioned British Citizen & Indian Citizen respectively however VFS person asked me to change British Citizen to Indian Citizen since the baby was born in India and had Indian Passport. I had to explain to them ROA is for British Citizen only and how the Baby is British by Birth.They were not convienced and I did not oblige and ensured it remained as BC but they asked me to write a letter to High Commissioner about the discussion between us (VFS & Me) on this issue and enclose with the rest of the documents.
Regards

[ranji82]

Hi Guys,

Its been 2 weeks since I emailed Chennai BHC about rejection of my kids ROA application.. still awaiting for reply .. In the mean time Do I have any other options to bring my kid to UK apart from ROA and British Passport ..

My situation in brief :

1) I am British Citizen via naturalisation and my wife is on dependent visa valid till October 2016
2) My kid born in India after I got my citizenship so applied for his ROA and got rejected twice.

Thanks,
Ranjith

[Mahesh Gowda]

Hi Guys,

Its been 2 weeks since I emailed Chennai BHC about rejection of my kids ROA application.. still awaiting for reply .. In the mean time Do I have any other options to bring my kid to UK apart from ROA and British Passport ..

My situation in brief :

1) I am British Citizen via naturalisation and my wife is on dependent visa valid till October 2016
2) My kid born in India after I got my citizenship so applied for his ROA and got rejected twice.

Thanks,
Ranjith

Hello Ranjith
In my case they replied on same day.

My question to you
To whom you send email (which email address)
What did you ask them?

Family Visitor visa, but cannot be changed here.

I suggest wait for them to reply

[ranji82]

Hi Guys,

Its been 2 weeks since I emailed Chennai BHC about rejection of my kids ROA application.. still awaiting for reply .. In the mean time Do I have any other options to bring my kid to UK apart from ROA and British Passport ..

My situation in brief :

1) I am British Citizen via naturalisation and my wife is on dependent visa valid till October 2016
2) My kid born in India after I got my citizenship so applied for his ROA and got rejected twice.

Thanks,
Ranjith

Hello Ranjith
In my case they replied on same day.

My question to you
To whom you send email (which email address)
What did you ask them?

Family Visitor visa, but cannot be changed here.

I suggest wait for them to reply

Hi Mahesh,

Thanks for the reply. I send it to chennai.visaenquiry@fco.gov.uk

I asked same questions as per your suggestion like

Queries
======
1. Does Avijith need any VISA to travel to UK ?.

2. Should I apply for Right of Abode (ROA) or Certificate of Entitlement for our son Avijith Kottapalli.

Can I apply for british passport once he is here on Family Visitor visa?

Thanks,
Mahesh.