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Right to Abode

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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dallwright
Newly Registered
Posts: 6
Joined: Fri Jan 27, 2017 5:06 pm

Right to Abode

Post by dallwright » Fri Jan 27, 2017 10:35 pm

Hi Everyone,

I recently made an online application (visa4UK) to settle in the UK.

Not knowing any better I applied with the application category Returning Resident as this had been stamped in a prior passport when I previously lived and worked in the UK. My application was refused.

I realize now that I can apply for Right to Abode as both parents were British and I was born in Canada prior to 1983.

Am I correct in my understanding that I would meet the requirements to settle in the UK? Or am I missing something in that this only applies if I had previously taken this action prior to 1983. Are there any age restrictions to this process? I am now 60. Did I disqualify myself since I had previously lived in the UK (70s and 80s) but have since left to live in the US?

Any assistance appreciated. Also if my status is valid what documentation should I include. Canadian Passport, Parents birth certificates, ?

Last question, as mentioned above my application was refused. Would it make sense for me to appeal based on my Right to Abode status.

Thanks,

David

secret.simon
Moderator
Posts: 11261
Joined: Thu Feb 21, 2013 9:29 pm

Re: Right to Abode

Post by secret.simon » Fri Jan 27, 2017 10:50 pm

dallwright wrote:both parents were British
Were your parents born in the UK? Were they married to each other when you were born?

If you have proof that your father was born in the UK (his birth certificate) AND that your parents were married when you were born (their marriage certificate and your birth certificate), apply directly for a British passport.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

dallwright
Newly Registered
Posts: 6
Joined: Fri Jan 27, 2017 5:06 pm

Re: Right to Abode

Post by dallwright » Fri Jan 27, 2017 11:17 pm

Both parents were born in London (1928, 1930) and were married when I was born. But I was born in Canada 1956. Does that qualify me as a British Citizen? If this is case does that mean that everyone with Right to Abode is also a British Citizen with ability to obtain a passport?

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Right to Abode

Post by vinny » Fri Jan 27, 2017 11:27 pm

No, not everyone with the Right of Abode born prior to 1983 is a British citizen. However, every British citizen has the Right of abode.

Moreover, it appears that you may also be a British citizen.
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.

dallwright
Newly Registered
Posts: 6
Joined: Fri Jan 27, 2017 5:06 pm

Re: Right to Abode

Post by dallwright » Sat Jan 28, 2017 12:17 pm

Thanks for the quick responses. Plan to get my application in this week.

David

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