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Right of Abode expiry, options to extend stay in UK

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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samu_rajj123
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Posts: 19
Joined: Sat Jul 27, 2013 6:11 pm
Mood:
India

Right of Abode expiry, options to extend stay in UK

Post by samu_rajj123 » Sun Dec 03, 2017 8:28 pm

Hi,

I am British citizen by decent(Obtained through Tier 1 channel) and my wife had Indefinite leave to remain visa, our son was born in India and we had got Right of Abode Certificate of entitlement for him. He had been living with us in UK for past 3 years, now his visa is expiring next year same date as Indian passport expiry. I don't see the option of renewing it and as per my understanding I can't apply again because its eligible only for British citizen otherwise than by descent(correct me if I am wrong).
I believe I can't apply for British Citizenship directly but I have to apply for Indefinite Leave to Remain for our son. Please let me know my understanding is correct, also is there any other option available for me.

Thanks in advance.

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

Re: Right of Abode expiry, options to extend stay in UK

Post by vinny » Sun Dec 03, 2017 11:42 pm

Your understanding is incorrect.
If you were naturalised, then you are British otherwise than by descent.
If your son was born overseas after you naturalised, then he is automatically British by descent.
If your son is British, without a British passport, then he may continue to apply fro a CoE-RoA, as he had already successfully done so.

He cannot apply for British citizenship if he is already British. A British citizen cannot be granted leave to remain.
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.

samu_rajj123
Newly Registered
Posts: 19
Joined: Sat Jul 27, 2013 6:11 pm
Mood:
India

Re: Right of Abode expiry, options to extend stay in UK

Post by samu_rajj123 » Sat Dec 09, 2017 8:23 pm

Thanks Vinny, your information was more helpful. Can I apply for British passport instead of CoE RoA.

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

Re: Right of Abode expiry, options to extend stay in UK

Post by vinny » Sat Dec 09, 2017 11:19 pm

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.

samu_rajj123
Newly Registered
Posts: 19
Joined: Sat Jul 27, 2013 6:11 pm
Mood:
India

Re: Right of Abode expiry, options to extend stay in UK

Post by samu_rajj123 » Sun Dec 10, 2017 10:54 am

Thanks again Vinny for your valuable suggestion.

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