RoA on ILR and EEA family member endorsment

[ginger.garlic]

Hi All,

Sorry if its been already discuss as I did search but not found relevant posts.

My child is born in UK before we got ILR. Now I am British by naturalization and my wife and child are Indian on ILR.

For some reason I have to live outside UK for few years. Therefor I am planing to apply RoA(Right of Abode) for my wife and kid so
that they can get out of two years restriction.

Queries:
1. Are they eligible for RoA ?
2. If yes, whether later they can apply for British citizenship if required what will be requirement for that?

Also, Along with RoA or with current ILR is there a way to apply for the endorsement "family member of EEA national" on my wife and kid passport so that she can freely travel schengen countries along with me.

I want to keep my option open for as long as possible as I am still not certain where I will be settling finally.

I suppose these could be general queries for many of us so I request moderators to have have a Sticky for RoA.

Many Thanks in Advance

[vinny]

1. No.
2. Naturalisation for wife. Registration for child.

There's no easy way to apply for the endorsement "family member of EEA national", except satisfying 9.

[ginger.garlic]

Thanks Vinny for prompt reply.

I have to go through links carefully to understand them.

[secret.simon]

Since 1983, only British citizens have Right of Abode, excepting some Commonwealth citizens who had it before 1983.

As your child is born in the UK, now that you are naturalised, he is entitled to be registered as British under Section 1(3).

On the other hand, your wife would have to apply in the normal course for naturalisation, with all the requirements about the number of days outside the country. As she already has ILR, I believe that she can apply for citizenship immediately, as the spouse of a British citizen.

Once all of you are British, you can choose to either get a British passport or a Certificate of Entitlement to Right of Abode (CoE-RoA) in the passport of their other nationality (assuming that they do not lose their nationality on getting British citizenship). If you advise us of your existing nationalities, we can guide you further on this point.

A British passport will allow you to travel as a British citizen to the EEA and around the world. The CoE-RoA will only allow entry into the UK and entry to other countries will be governed by the terms of the passport containing the CoE-RoA.

May I say in passing that your username is quite interesting and suggests a passion for the culinary arts. Are you a chef or in that field?

[ginger.garlic]

Thank for your reply

Before taking British citizenship I was holding Indian nationality and my family is still having Indian nationality .
As you suggest RoA can only be taken after acquiring British citizenship that means we cannot apply as India do not allow dual citizenship.

But I do see few posts for RoA from India

http://www.immigrationboards.com/britis ... e#p1196902
http://www.immigrationboards.com/britis ... of%20Abode

Thanks again Secret.Simon (must be Secret Service Agent )

[secret.simon]

India allows children born with multiple nationalities to retain them till the age of 18. This typically happens in two cases;

• when a child is born in the UK to an Indian parent holding ILR
  
  when a child is born in India to one British parent and one Indian parent

In these cases, the child can retain both citizenships, provided that the parents do not exercise any nationality other than Indian for the child. So, if the parents apply for a British passport for the child, the child will lose Indian citizenship automatically. In such cases, the parents would apply for an Indian passport and then a CoE-RoA for the child to enter the UK. As a British citizen, the child can not get a visa (you don't need a visa to enter your own country).

At the age of 18, the child must choose which citizenship, Indian or other(s), s/he wants to retain.

In your case, as your child was born before ILR, registering him would automatically nullify his Indian citizenship.

The UK government's summary of Indian citizenship law is also worth a read.

[ginger.garlic]

Secret.Simon in addition to my queries the link you posted suggest on point 5

5.1 If an adult makes a declaration of renunciation of Indian
citizenship, any minor child of that person also loses Indian
citizenship from the date of renunciation.

Is that means kids of Indian parent where one parent taken British Citizenship loses Indian Citizenship?

I have some friends where one parent is taken British Citizenship and other on ILR and their kid travel India without any issue. Am I missing something here ??