Help needed with right to abode application

[Mrlifeboat]

Evening all, as I'm sure with most visitors to this site I am in need of some advice and guidance. My wife has recently had to renew her canadian passport (new one expected in post tomorrow) she will then need to send it off to liverpool to have her right to abode certificate added.

Our problem is that we are in the process of buying our first house together and the mortgage company are requiring my wife to send in a copy of her passport as ID and the proof of residency to go along with it. Now it states on UKBF website that this application process may take up to 6 months, by which time we will almost certainly loose the house.

My wife is a canadian citizen, married to myself a british citizen. She also has a british mother living in UK. My wife has lived in this country since Dec 2002. She holds a UK driving license, a national insurance number and has worked continously this whole time and raised two children.

This renewal process has never taken this long before so we could just send her passport off and hope it comes back soon. The advice we are looking for is whether this process could be sped up in any way or if anyone could think of other options regarding the he mortgage approval. Thanks in advance.

[Wanderer]

Is she not British via her British mother?

[Mrlifeboat]

She never applied for dual nationality before aged 16 so from what she has previously been told she has to apply for right to abode. She holds a canadian passport.

[Wanderer]

She never applied for dual nationality before aged 16 so from what she has previously been told she has to apply for right to abode. She holds a canadian passport.

I'm pretty sure if her mother was British otherwise than by descent (i.e. British born), your wife is British too, by descent, it's a plain fact, no need for permissions or ROA, just apply for the passport...

On the other hand, when I get things wrong I get things wrong in spectacular fashion so wait for others!

Experts and Mods here are like buses, you see none for ages then seven come along at once

[Mrlifeboat]

Thanks for your thoughts. I should of added that I am looking for the quickest solution to this with regards to mortgage application.

[noajthan]

Thanks for your thoughts. I should of added that I am looking for the quickest solution to this with regards to mortgage application.

Have you asked bank for their alternative forms of acceptable proof?

Not everyone has a passport - your wife being a case in point.

[Mrlifeboat]

I think it is the proof of right to abode they require due to her canadian nationality status on the mortgage application form. I only had to show drivers license.

[vinny]

I'm pretty sure if her mother was British otherwise than by descent (i.e. British born), your wife is British too, by descent, it's a plain fact, no need for permissions or ROA, just apply for the passport...

When was she born and was her father married to her mother?

[Mrlifeboat]

She was born in Canada 1976. At the time her mother was married to her father a canadian citizen.

[Wanderer]

She was born in Canada 1976. At the time her mother was married to her father a canadian citizen.

I reckon she's British by descent, assuming her mother was British otherwise than by descent. Can you confirm that? Was her mother born British in the UK?

[Mrlifeboat]

Yes her mother is British by birth. I also agree about the British citizen by decent but unfortunately at this moment this doesn't help much as the application time is the same as for ROA and £1000 more expensive. We won't be able to get the mortgage quick enough.

[Wanderer]

Yes her mother is British by birth. I also agree about the British citizen by decent but unfortunately at this moment this doesn't help much as the application time is the same as for ROA and £1000 more expensive. We won't be able to get the mortgage quick enough.

All she needs is her BC etc and she can apply for a UK passport - 75 quid or whatever it is now!

[Mrlifeboat]

Well that would be good because we could opt for a express service but from all I have been reading she would be required to apply for british citizenship through registration

[vinny]

She was born in Canada 1976. At the time her mother was married to her father a canadian citizen.

I reckon she's British by descent, assuming her mother was British otherwise than by descent. Can you confirm that? Was her mother born British in the UK?

No, she isn't. Prior to 1983, British citizenship to overseas born child was automatic only via child's father.

[Mrlifeboat]

This is what I have discovered.

Here is link. It quite long winded but page 4 part E seems to be the relevant part

https://www.gov.uk/government/uploads/s ... pter20.pdf

[Wanderer]

She was born in Canada 1976. At the time her mother was married to her father a canadian citizen.

I reckon she's British by descent, assuming her mother was British otherwise than by descent. Can you confirm that? Was her mother born British in the UK?

No, she isn't. Prior to 1983, British citizenship to overseas born child was automatic only via child's father.

Ahh, I said I'd get it wrong up thread!

Sorry OP

[vinny]

If her previous passport has not expired nor been cancelled, then she may still use it with the mortgage company.

Else, try explaining to them that her CoE-RoA does not actually confer her status but it is merely confirmation of it. So, an expired one should also be okay for them.

[Mrlifeboat]

I think this is likely to be our only option. Does anybody have any experience with writing cover letters with the ROA application explaining an urgency. Not sure how you are expected to go without your passport for 6 months. Or is this a guaranteed way to get you application to the very bottom of the pile.

[CR001]

Also, just for when this issue is resolved, your spouse should look into registering on form UKM (costs £80) to be a full British Citizen and then get a British Passport.