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Right to Abode

Posted: Fri Jan 27, 2017 10:35 pm
by dallwright
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

Re: Right to Abode

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

Re: Right to Abode

Posted: Fri Jan 27, 2017 11:17 pm
by dallwright
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?

Re: Right to Abode

Posted: Fri Jan 27, 2017 11:27 pm
by vinny
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.

Re: Right to Abode

Posted: Sat Jan 28, 2017 12:17 pm
by dallwright
Thanks for the quick responses. Plan to get my application in this week.

David