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right of abode and student visa

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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aahwestridge
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right of abode and student visa

Post by aahwestridge » Sun Jul 10, 2016 1:59 pm

My wife is UK born and UK passport holder. I am Pakistani and Pakistan passport holder. Our son, born in 1992, has a Pakistan passport. We all live in Pakistan. My son has a certificate of entitlement for Right of Abode in the UK, entered in his first passport. We did not apply for fresh certificates to be entered in his renewed passports.

He is now going to UK in September for studying at University.

I understand that the RoA continues to be valid even when carried in an expired passport. Questions are:
1. Should he first get a student visa for going to the UK ?
2. Should he concurrently OR subsequently apply for the certificate of RoA to be freshly placed in his current passport ?
3. Should be apply for his fresh RoA cert in Pakistan or once he is at University and in UK ?
4. If he has an RoA in his current passport would he still need a student visa to enter the UK OR are RoA and Visa two separate subjects.
Thanks for any clear guidance on these interconnected subjects

vinny
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Re: right of abode and student visa

Post by vinny » Sun Jul 10, 2016 2:21 pm

Your son is also automatically British.

Therefore, he cannot, nor should, apply for a student visa.

The CoE-RoA expires with the expiry of passport.
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aahwestridge
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Re: right of abode and student visa

Post by aahwestridge » Sun Jul 10, 2016 4:00 pm

Vinny, thanks. But my further questions from answer are:

1. Should he than apply to get his cert of entitlement of RoA in his current Pakistan passport - without this how can be travel as the RoA expires with expired passport - as mentioned by you.
2. If he is automatically British but the status is he neither has a British passport nor a valid RoA ? How does he travel without these or a student visa ?
3. In which order should he get what done - RoA ? British passport ?

ohara
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Re: right of abode and student visa

Post by ohara » Sun Jul 10, 2016 8:47 pm

Why not just apply for a British passport?

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CR001
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Re: right of abode and student visa

Post by CR001 » Sun Jul 10, 2016 10:22 pm

ohara wrote:Why not just apply for a British passport?
Can take 6 - 12 months from Pakistan. Not enough time to start studies in Sept.
Char (CR001 not Casa)
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vinny
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Re: right of abode and student visa

Post by vinny » Mon Jul 11, 2016 12:26 am

Then apply for another CoE-RoA.
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ohara
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Re: right of abode and student visa

Post by ohara » Mon Jul 11, 2016 9:07 am

Could he enter the UK as a visitor and apply for a British passport inside the country?

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CR001
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Re: right of abode and student visa

Post by CR001 » Mon Jul 11, 2016 9:50 am

He could, but he still needs to apply for a visitor visa to come to the UK and he clearly isn't a 'genuine visitor' if he is going to Uni in the UK.

RoA or CoE would be the best option.
Char (CR001 not Casa)
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vinny
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Re: right of abode and student visa

Post by vinny » Mon Jul 11, 2016 9:57 am

ohara wrote:Could he enter the UK as a visitor and apply for a British passport inside the country?
Relies on an ECO's mistake.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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Re: right of abode and student visa

Post by Richard W » Mon Jul 11, 2016 7:58 pm

vinny wrote:
ohara wrote:Could he enter the UK as a visitor and apply for a British passport inside the country?
Relies on an ECO's mistake.
Or kindness.

vinny
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Re: right of abode and student visa

Post by vinny » Tue Jul 12, 2016 1:46 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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