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Applying for British Passport after applying for right of abode certificate

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

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kggw6904
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Applying for British Passport after applying for right of abode certificate

Post by kggw6904 » Wed Aug 08, 2018 1:33 pm

Hi everyone,

I have a question and i hope someone on this board will be able to assist me.



My country of origin does not allow dual citizenship, so it will probably create alot of problems for me if i go there or try leave using the British passport

So i was thinking of applying for the right of abode certificate to go into my country of origin passport then applying for a British passport, that way i can use my country of origin passport to travel back and forth whilst using the British passport for all other countries i wish to visit.


I was reading the guide to applying for the right of abode certificate and i stumbled on this paragraph:


We will check with Her Majesty’s Passport Office (HMPO) to see if their records show that you
hold a passport. If HMPO records show that you hold a current UK passport, describing you as a
British citizen or as a British subject with the right of abode in the UK, we will not issue a
certificate of entitlement. This is because the law does not allow a person to hold both a
passport and a certificate of entitlement to the right of abode


I previously thought that an individual cannot apply for right of abode if he/she already possess a british passport but the last sentence in the above paragraph suggests that if i do apply for right of abode then i will not be entitled to apply for a British passport, my question is, am i correct to assume this? has anyone else applied for right of abode then a British passport and was successful?

Thank you

Edit: I recently attended a uk citizenship ceremony in London and was given the certificate

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CR001
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Re: Applying for British Passport after applying for right of abode certificate

Post by CR001 » Wed Aug 08, 2018 1:39 pm

What is your 'country of origin'??

You cannot hold Right of Abode in a foreign passport AND a British passport.
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kggw6904
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Re: Applying for British Passport after applying for right of abode certificate

Post by kggw6904 » Wed Aug 08, 2018 1:41 pm

Kuwait and they will revoke my kuwaiti citizenship if they find out that i am british.

so will the passport office refuse my application for a passport if i get a right of abode certificate ?

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CR001
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Re: Applying for British Passport after applying for right of abode certificate

Post by CR001 » Wed Aug 08, 2018 1:46 pm

kggw6904 wrote:
Wed Aug 08, 2018 1:41 pm
Kuwait and they will revoke my kuwaiti citizenship if they find out that i am british.

so will the passport office refuse my application for a passport if i get a right of abode certificate ?
1. You are British from the date you attended your ceremony and got your certificate. A passport is merely a travel document.

2. Yes or issue you a passport and cancel your RoA certificate.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

secret.simon
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Re: Applying for British Passport after applying for right of abode certificate

Post by secret.simon » Wed Aug 08, 2018 1:54 pm

When you apply for a British passport, you must also submit all other existing (both British and non-British) non-expired or non-cancelled passports. One of them will contain your CoE-RoA. It is likely that when your new British passport is issued, your CoE-RoA in your non-British passport will be revoked (i.e. have a cancelled or other similar stamp on it).
Regulation 9 of The Immigration (Certificate of Entitlement to Right of Abode in the United Kingdom) Regulations 2006 wrote:9. A certificate of entitlement may be revoked by the Secretary of State for the Home Department, an immigration officer, a consular officer or a person responsible for the grant or refusal of entry clearance, where the person who revokes the certificate is satisfied that the person in possession of the certificate (whether or not this is the person to whom the certificate was issued)—
...
(b) is the holder of:
(i) a United Kingdom passport describing him as a British citizen,...
So, yes, you can apply for a British passport after getting your CoE-RoA. Your CoE-RoA will be cancelled on getting a British passport.

If your country of origin does not accept dual citizenship, be aware that your citizenship of that country may have lapsed automatically on acquiring British citizenship (i.e. from the date of your naturalisation certificate). Also be aware that the British authorities are aware of the citizenship laws of other countries and typically return the non-British passports of British citizens who used to be citizens of countries that do not allow dual citizenship to their High Commissions/embassies. See this post and the associated thread.
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.

kggw6904
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Re: Applying for British Passport after applying for right of abode certificate

Post by kggw6904 » Wed Aug 08, 2018 2:03 pm

Thats a bummer.

My kuwaiti citizenship will only be revoked once they find out i am a dual citizen, and even then, i will be given the choice, us or them.

I think what i'll do in this case is keep my ILR biometric card and risk receiving a fine, i have friends that have been using that method and they're free to travel back and forth from the UK using their kuwaiti passport, only one had his ILR ceased upon entry to the UK.

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Re: Applying for British Passport after applying for right of abode certificate

Post by secret.simon » Wed Aug 08, 2018 2:11 pm

kggw6904 wrote:
Wed Aug 08, 2018 2:03 pm
I think what i'll do in this case is keep my ILR biometric card and risk receiving a fine, i have friends that have been using that method and they're free to travel back and forth from the UK using their kuwaiti passport, only one had his ILR ceased upon entry to the UK
Don't count on being able to do that indefinitely.
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.

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CR001
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Re: Applying for British Passport after applying for right of abode certificate

Post by CR001 » Wed Aug 08, 2018 2:13 pm

secret.simon wrote:
Wed Aug 08, 2018 2:11 pm
kggw6904 wrote:
Wed Aug 08, 2018 2:03 pm
I think what i'll do in this case is keep my ILR biometric card and risk receiving a fine, i have friends that have been using that method and they're free to travel back and forth from the UK using their kuwaiti passport, only one had his ILR ceased upon entry to the UK
Don't count on being able to do that indefinitely.
Beat me to it. Was just searching for that topic :wink:
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

secret.simon
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Re: Applying for British Passport after applying for right of abode certificate

Post by secret.simon » Wed Aug 08, 2018 2:19 pm

CR001 wrote:
Wed Aug 08, 2018 2:13 pm
Beat me to it. Was just searching for that topic
I searched in "Your posts" as I remember having commented on that thread. Much easier that way.
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.

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