Right of Abode or British Passport or Indian Passport?

[sanjay45]

I am reapplying for RIght of abode as the only reason they rejected was we did not submit Original Birth Certificate.
However they kept the Notarised copy of my passport.

DI have to send another Notarised copy or just the colored copy my passport is enough.

Thanks

Sanjay

[samu_rajj123]

I am applying for ROA in India for my 7 months old son, I am British Citizen thru Naturalization and my wife has ILR. Could someone please clarify the answer for the following questions in ROA form:

How long do you intend to stay in the UK?

Do I need to fill in Income section for baby, I guess for some of the questions I can fill as N/A but it will be helpful if someone could share their experience or knowledge.

How much do you spend each month on living costs?
How much of your total monthly income is given to your family members and other dependants?
What is the cost to you personally of your trip in GBP(£)?
The total amount of money you have for this trip?
The cost of the aeroplane, boat or train tickets?
The cost of your accommodation?
The cost of your living expenses?
Is someone other than you paying for all or a part of your trip?
What is the total amount in GBP(£)?

As per the following link http://www.legislation.gov.uk/uksi/2006 ... edule/made, I need to submit only following mentioned documents. Please clarify whether any additional proof should be submitter.

(i)Applicant’s full birth certificate showing parents’ details;
(ii)Parents’ marriage certificate (if claiming through father); and
(iii)Parents’ full birth certificate, registration or naturalisation certificate

Thanks in advance.

[ranji82]

I am applying for ROA in India for my 3 months old son, I am British Citizen thru Naturalization and my wife has ILR. Could someone please clarify the answer for the following questions in ROA form:

How long do you intend to stay in the UK?

Do I need to fill in Income section for baby, I guess for some of the questions I can fill as N/A but it will be helpful if someone could share their experience or knowledge.

How much do you spend each month on living costs?
How much of your total monthly income is given to your family members and other dependants?
What is the cost to you personally of your trip in GBP(£)?
The total amount of money you have for this trip?
The cost of the aeroplane, boat or train tickets?
The cost of your accommodation?
The cost of your living expenses?
Is someone other than you paying for all or a part of your trip?
What is the total amount in GBP(£)?

As per the following link http://www.legislation.gov.uk/uksi/2006 ... edule/made, I need to submit only following mentioned documents. Please clarify whether any additional proof should be submitter.

(i)Applicant’s full birth certificate showing parents’ details;
(ii)Parents’ marriage certificate (if claiming through father); and
(iii)Parents’ full birth certificate, registration or naturalisation certificate

Thanks in advance.

[vinny]

The questions in the income section do appear to be inappropriate and irrelevant.

[ranji82]

Hi Vinny,

Thanks for the reply .. what additional documents can be submitted along with mentioned above ? .. Can I simply ignore the irrelevant sections?

Thanks,
Ranjith.

[lappi831]

Hi Ranji,
Thanks for your posting .I have applied the same case of my daughter but it was rejected from BHC Chennai .
Please do post it once you get visa .Just wanted to know your son is born in India .

Thanks,
Harry

[ranji82]

Hi Harry,

I am very sorry to hear that ..Yes .. My son is born in India .. Can you please let us know why its rejected and what are the documents you submitted along with the application.

Thanks,
Ranjith

[lappi831]

Hi Ranjith ,

I wanted to know ,Your child is born in India or UK .Who suggested you to apply for Right of Abode .
Because i have approached UKBA ,So many Lawyers regards ROA Application ,They say iam not eligible.

If you give a brief information about ur documents .

Regards,
Harry

[maccdad]

Hi,

(1) Will Indian emigration official, when they see the 'Certificate of UK Right of Abode' in the Indian Passport when leaving India, will they try to cease the Indian passport OR try to deny exit from India?

(2) Has anyone exited India multiple times using UK RoA stamp on Indian passport?

(Because as per Indian law, you cannot hold an Indian passport and be a foreign citizen)

[ranji82]

Hi Ranjith ,

I wanted to know ,Your child is born in India or UK .Who suggested you to apply for Right of Abode .
Because i have approached UKBA ,So many Lawyers regards ROA Application ,They say iam not eligible.

If you give a brief information about ur documents .

Regards,
Harry

Hi Harry,

He is born in India .. I checked in Gov.uk website and he is eligible and there are so many in this form who applied successfully .. I am planning to submit .. My Naturalisation certificate , childs passport and his birth certificate.

You said you already applied and rejected?

Thanks,
Ranjith

[Mahesh Gowda]

Hi,

(1) Will Indian emigration official, when they see the 'Certificate of UK Right of Abode' in the Indian Passport when leaving India, will they try to cease the Indian passport OR try to deny exit from India?

(2) Has anyone exited India multiple times using UK RoA stamp on Indian passport?

(Because as per Indian law, you cannot hold an Indian passport and be a foreign citizen)

1. No issues, my daughter holds indian Passport with ROA.

2.yes, 2-3 times so far

[ranji82]

Hi,

(1) Will Indian emigration official, when they see the 'Certificate of UK Right of Abode' in the Indian Passport when leaving India, will they try to cease the Indian passport OR try to deny exit from India?

(2) Has anyone exited India multiple times using UK RoA stamp on Indian passport?

(Because as per Indian law, you cannot hold an Indian passport and be a foreign citizen)

1. No issues, my daughter holds indian Passport with ROA.

2.yes, 2-3 times so far

Hi Mahesh ,

Can you please share me the list of documents you submitted for your daughters ROA .. I am about to apply ROA for my son.
any tips about filling the application also hlepful

Thanks,
Ranjith

[lappi831]

Hi Mahesh,
Thanks for your update .Your daughter got ROA ON Indian Passport .

Please Clarify these doubts :
Was she born in UK TO get ROA OR India .What was your status when you applied for ROA ?
Have you applied ROA in India or UK?


Thanks,
Harry

[Mahesh Gowda]

Hi Mahesh,
Thanks for your update .Your daughter got ROA ON Indian Passport .

Please Clarify these doubts :
Was she born in UK TO get ROA OR India .What was your status when you applied for ROA ?
Have you applied ROA in India or UK?


Thanks,
Harry

Hello Harry,

i had ILR since Sep 2010
Daughter was born in the UK march 2013, we applied for indian Passport, went to india may 2013,
Applied ROA in bangalore, india- jun 2013
Recieved ROA - July 2013.

ROA applied on the basis child born to either of parents
With ILR

Regards

Mahesh

[Mahesh Gowda]

Hi,

(1) Will Indian emigration official, when they see the 'Certificate of UK Right of Abode' in the Indian Passport when leaving India, will they try to cease the Indian passport OR try to deny exit from India?

(2) Has anyone exited India multiple times using UK RoA stamp on Indian passport?

(Because as per Indian law, you cannot hold an Indian passport and be a foreign citizen)

1. No issues, my daughter holds indian Passport with ROA.

2.yes, 2-3 times so far

Hi Mahesh ,

Can you please share me the list of documents you submitted for your daughters ROA .. I am about to apply ROA for my son.
any tips about filling the application also hlepful

Thanks,
Ranjith

Hello Ranjith.

I think application is pretty straightforward

I did mine 2 years back, if i remember
The documents submitted
1. Child UK birth certificate
2. My ILR passport copy
3. My wife ILR passport copy
4. My 3 month bank statement
5. Letter from me to visa officer, to say i will sponsor
My daughters trip back to UK.

I suggest speak to one who recently applied.

Regards
Mahesh

[ranji82]

Thanks a lot Chakarj. This is very helpful.
Kind Regards:
Prakash

Hi Prakash,

Can you please tell me what are all the documents you submitted along with the application ?

Thanks,
Ranjith

[maccdad]

1) Has anyone obtained RoA on child's Indian passport while in the UK? (child was born in UK but was Indian citizen first, and is now a British citizen).

2) If yes, then how much time does it take currently to get RoA within UK?

3) Now suppose instead of RoA, If child gets British passport, then can minor keep both passports till age of 18 years 6 months?

[20shamat]

Hi Everyone,

Kindly advice the following
I'm BC, Spouse ILR, Baby born in India after my became BC and baby has Indian PP.

1) Can I apply for UK visit visa for the baby and once in UK can I apply for ROA?
2) If I decide to apply ROA from India, VAF7 is the form to be used or I should apply only on online?
3) How long does it take to get approval if ROA is applied from India.
4) Since I'm in UK, should I send all my originals viz PP & Naturalisation certificate?

Best regards

[Mahesh Gowda]

Hi Everyone,

Kindly advice the following
I'm BC, Spouse ILR, Baby born in India after my became BC and baby has Indian PP.

1) Can I apply for UK visit visa for the baby and once in UK can I apply for ROA?
2) If I decide to apply ROA from India, VAF7 is the form to be used or I should apply only on online?
3) How long does it take to get approval if ROA is applied from India.
4) Since I'm in UK, should I send all my originals viz PP & Naturalisation certificate?

Best regards

Gurus correct me if wrong

u r eligible for ROA
if u r British but don't have British passport

In your case
Baby is eligible to be British by registration (application MN1) but not actually BRITISH as we speak.

Im my viewc baby is not eligible for ROA.

The case would have been different if the baby was born in the UK, because the baby would have been BRITISH by birth.

Gurus correct me if i am wrong.

[vinny]

If baby was born overseas after a parent's naturalisation, then baby is automatically British. May apply for a CoE-RoA instead of a British passport. A British citizen cannot apply for a visit visa.

[Mahesh Gowda]

Hi Everyone,

Kindly advice the following
I'm BC, Spouse ILR, Baby born in India after my became BC and baby has Indian PP.

1) Can I apply for UK visit visa for the baby and once in UK can I apply for ROA?
2) If I decide to apply ROA from India, VAF7 is the form to be used or I should apply only on online?
3) How long does it take to get approval if ROA is applied from India.
4) Since I'm in UK, should I send all my originals viz PP & Naturalisation certificate?

Best regards

Gurus correct me if wrong

u r eligible for ROA
if u r British but don't have British passport

In your case
Baby is eligible to be British by registration (application MN1) but not actually BRITISH as we speak.

Im my viewc baby is not eligible for ROA.

The case would have been different if the baby was born in the UK, because the baby would have been BRITISH by birth.

Gurus correct me if i am wrong.

Sorry for wrong info.
As Vinny says

Your baby is British by Descent and is eligible for CoE-RoA

[20shamat]

Thanks Vinny & Gowda for your response.
My query to Vinny is, since the British PP takes longer time to be issued, I intended to bring the baby to UK(through visit visa) and apply for ROA within UK, I happened to read in UK gov web site the following (extract):
'Supporting documents
You’ll need to send:
your valid passport or travel document - if it wasn’t issued in the UK it must have immigration stamps to show you’re living here, or you must have a previous right of abode certificate
2 passport-size photos of you taken in the last 6 months
documents proving you have right of abode - read the guide to find out which ones you need

From the above underlined statement, I can demonstrate that the baby was in UK (through visit visa) and hence applying for ROA within UK.
Also if possible can you advice why would they reject my application for visit visa to my baby if I donot have intention for a British PP, any guidelines in this regard or any clauses in the visa regulations?
thanks in advance

[vinny]

Also if possible can you advice why would they reject my application for visit visa to my baby if I donot have intention for a British PP, any guidelines in this regard or any clauses in the visa regulations?
thanks in advance

A British citizen has the Right of Abode and cannot be subject to leave (46).

[20shamat]

Also if possible can you advice why would they reject my application for visit visa to my baby if I donot have intention for a British PP, any guidelines in this regard or any clauses in the visa regulations?
thanks in advance

A British citizen has the Right of Abode and cannot be subject to leave (46).

Many thanks Vinny,
The article was very extensive and section 46 to the point that any sort of leave (presume visit visa too) is not compatiable/encouraged.
Surely my application would been rejected!! Will consider to go ahead with ROA application VAF7.
One another query, if the baby is in ROA, can I apply for British PP once the baby is in UK? is there a minium period that needs to be allowed before applying. Regards

[vinny]

There is no minimum period before a British passport may be applied for. An unexpired CoE-RoA will be cancelled, if the British passport is issued.