RoA for UK Born Child from India refused

[NS16]

Hi,

I am a British Citizen and my wife on T-1 dependant. My child was born in UK and now 2 months old, we have registered our child as Indian Citizen and now need to apply for CoE-RoA. Can I apply for CoE-RoA from India.
(i.e. my child will travel from UK to India without a UK Visa/Entry Clearance). If yes can anyone please let me know timelines to get CoE-RoA from India.


-SN

[NS16]

Hello everyone,

I was on ILR when my daughter was born in UK, but we registered her as Indian. Due to time constraint we couldn't apply for her RoA from within UK. Hence I applied for her RoA from India under Section 2(1)(a) of Immigration act 1971.

ECO has refused her RoA under Section 2(1)(b) stating that I, her Father was not a British Citizen at the time of my daughter's birth. The letter says I can make an appeal with attached form, but there is no form attached with the refusal letter. After a call to UK Tirbunal number I was informed that appeal may take more than 6 months to give a decision.

I did attach UK Birth Certificates of my daughter along with a Cover letter explaining the birth status of my daughter along with other necessary documents, but seems that ECO has overlooked the same. As per legislation I know that refusal is incorrect and if I appeal the decision will be overturned but I cannot leave my daughter around 6 months in India. Is there an alternate way to request or raise a concern to British High Commission other than making an appeal.

Any help/pointer is appreciated.

Thanks

-NS

[vinny]

You are clearly correct. Unfortunately, they have removed the right of appeal in this category. Request a reconsideration and better education/training for the ECO.

[NS16]

You are clearly correct. Unfortunately, they have removed the right of appeal in this category. Request a reconsideration and better education/training for the ECO.

Vinny,

Thanks for your reply. I have looked at the form and it says "Request to reconsider a decision to
refuse a certificate of entitlement to the right of abode in the United Kingdom (UK applications only)".

1. Does this imply Only application made from inside UK can apply for re-consideration.
2. Also the form does don't say where I need to submit/post RoA documents.

- NS

[vinny]

1. It does seem to imply that.

Try emailing the British High Commission, pointing out the ECO's misinterpretation of the legislation.

[Obie]

Try sending a pre-action protocol to the Home Office, warning them of the consequences of refusing to permit a British child from returning to their country of nationality.

[NS16]

Try sending a pre-action protocol to the Home Office, warning them of the consequences of refusing to permit a British child from returning to their country of nationality.

Hi Obie,

Thanks for your reply, Can you please let me know how can I send pre-action protocol.

Thanks

SN

[NS16]

1. It does seem to imply that.

Try emailing the British High Commission, pointing out the ECO's misinterpretation of the legislation.

Hi Vinny,

I have already return mail to webhelp email address of British High Commission, but got an automated reply stating they wont be able to help in decisions related to ECO.

Thanks

SN

[vinny]

As the right of appeal has been removed, similar to family visitor visas, do let the The Independent Chief Inspector of Borders and Immigration know of any poor decision making. Ask him for advice.

[Obie]

Also see

Where the claim concerns a decision in an Immigration, Asylum or Nationality case (including in relation to an immigration decision taken abroad by an Entry Clearance Officer)— The claim should be sent electronically to the following Home Office email address: UKVIPAP@homeoffice.gsi.gov.uk
Alternatively the claim may be sent by post to the following Home Office postal address:

Litigation Operations Allocation Hub
Status Park 2
4 Nobel Drive
Harlington
Hayes
Middlesex UB3 5EY

[NS16]

Also see

Where the claim concerns a decision in an Immigration, Asylum or Nationality case (including in relation to an immigration decision taken abroad by an Entry Clearance Officer)— The claim should be sent electronically to the following Home Office email address: UKVIPAP@homeoffice.gsi.gov.uk
Alternatively the claim may be sent by post to the following Home Office postal address:

Litigation Operations Allocation Hub
Status Park 2
4 Nobel Drive
Harlington
Hayes
Middlesex UB3 5EY

Hi Obie/Vinny,

Good news from my side, in response to Pre-action protocol request raised; my child's application was re-considered and today have received passport stamped with RoA.

I had no clue on how to proceed after refusal. Thanks a ton for all your support and guidance to get a resolution.


-NS

[Obie]

Congratulations. Well done.