Right of Abode or British Passport or Indian Passport?

[vinny]

Oh. Did you state your circumstances and the legislation, as mpemma did?

[ranji82]

Hi Vinny,

Thanks for the reply. I just raised a query with Chennai BHS to take their opinion on the ROA for my son as suggested by Mahesh.
But its been more than 2 weeks still haven't heard from them. I am planning to send one more email as mpemma did.

Thanks,
Ranjith.

[Mahesh Gowda]

Hi Vinny,

Thanks for the reply. I just raised a query with Chennai BHS to take their opinion on the ROA for my son as suggested by Mahesh.
But its been more than 2 weeks still haven't heard from them. I am planning to send one more email as mpemma did.

Thanks,
Ranjith.

Hello Ranjith

I suggest send them follow up email wait for reply.

If you get a positive reply (which you should) then add as per mpemma enail and ask why they have rejected and request to reconsider.

I hope they should overturn the decision.

Be positive, my wife and sons visa was rejected in 2010. After my constant pursuance by email. They overturned decision and granted visa (this was not for ROA)

[ranji82]

Hi Mahesh/ Vinny,

Thanks for the reply. I just found this information in the Gov.uk website

https://www.gov.uk/right-of-abode/commonwealth-citizens

Parents
You have right of abode if all the following apply:

1) one of your parents was born in the UK and a citizen of the United Kingdom and colonies when you were born or adopted
2) you were a Commonwealth citizen on 31 December 1982
3) you didn’t stop being a Commonwealth citizen (even temporarily) at any point after 31 December 1982

I think they refused my kids visa as I am not born in UK even though I am citizen when he is born .. I am confused now .. Is my kid eligible for ROA?

[Mahesh Gowda]

[/img]

Hi Mahesh/ Vinny,

Thanks for the reply. I just found this information in the Gov.uk website

https://www.gov.uk/right-of-abode/commonwealth-citizens

Parents
You have right of abode if all the following apply:

1) one of your parents was born in the UK and a citizen of the United Kingdom and colonies when you were born or adopted
2) you were a Commonwealth citizen on 31 December 1982
3) you didn’t stop being a Commonwealth citizen (even temporarily) at any point after 31 December 1982

I think they refused my kids visa as I am not born in UK even though I am citizen when he is born .. I am confused now .. Is my kid eligible for ROA?

a.Firstly i think your kid is eligible for ROA bcoz baby is british by descent.
Check if you're a British citizen
https://www.gov.uk/check-british-citize ... 983/no/yes
A British citizen by descent is a person born outside the UK and is acquired if one or both parents are British citizens. This means that you cannot automatically pass on British citizenship to any child who is born abroad).

b. Did you read mpemma email?
c. Dont get confused, sort it out one by one, i know how you feel but deal the situation calm.

1. Follow up email, wait for reply
2. Read Thoroughly mpemma email, Vinnys ROA post and prepare yourself to strengthen your case.
3. its your kids RIGHT to have ROA

Regards
Mahesh

[lappi831]

Hi Ranji,
My name is Harry .I am also in the same situation .I have applied ROA From India in Dec 2014 .Straight away got Rejected.
What Rejection letter says : Have they mentioned to Apply for ROA Either of Parent should be a UK Born Citizen .
I have appealed against the decision ,but hearing will take place in 2 months .

Please give update what is the reason for Rejection.

Thanks,
Harry

[vinny]

In summary, there are two parts.

A) Show that a person has the right of abode.
B) Show that a person with the right of abode may apply for a Certificate of Entitlement for the Right of Abode.

Both parts are trivial for British citizens. Some people are automatically British citizens.

A) 2(1) defines the groups of people who automatically have the right of abode. The groups consist of:

(all) British citizens (2(1)(a)) or
(some) Commonwealth citizens (2(1)(b)).

B) 6 determines who may be issued with a Certificate of Entitlement to the Right of Abode.

6(a) states that a Certificate of Entitlement to the Right of Abode may be issued to someone who has the Right of Abode.
6(b) states that a Certificate of Entitlement to the Right of Abode may not be issued to someone who already holds certain documents.
6(c) states that a Certificate of Entitlement to the Right of Abode may not be issued to a Commonwealth citizen whose right of abode has been restricted.
6(d) states that a Certificate of Entitlement to the Right of Abode may not be issued to a Commonwealth citizen who has been deprived of his right of abode.

For a British citizen, only 6(a) and 6(b) are relevant.

[ranji82]

Hi Ranji,
My name is Harry .I am also in the same situation .I have applied ROA From India in Dec 2014 .Straight away got Rejected.
What Rejection letter says : Have they mentioned to Apply for ROA Either of Parent should be a UK Born Citizen .
I have appealed against the decision ,but hearing will take place in 2 months .

Please give update what is the reason for Rejection.

Thanks,
Harry

Hi Harry,

Thanks for the message. the same reason given to me as well even though its not that clear

Exact Reason is :

"Father obtained British Citizenship by registration under Section 6(1) i.e. Naturalisation which does not entitle kid to Right of Abode in the UK."

I did n't even had option to appeal and it seems request to reconsider application is only available in UK .. is there any other way of requesting them to reconsider apart from sending an email.

Thanks,
Ranjith.

[ranji82]

In summary, there are two parts.

A) Show that a person has the right of abode.
B) Show that a person with the right of abode may apply for a Certificate of Entitlement for the Right of Abode.

Both parts are trivial for British citizens. Some people are automatically British citizens.

A) 2(1) defines the groups of people who automatically have the right of abode. The groups consist of:

(all) British citizens (2(1)(a)) or
(some) Commonwealth citizens (2(1)(b)).

B) 6 determines who may be issued with a Certificate of Entitlement to the Right of Abode.

6(a) states that a Certificate of Entitlement to the Right of Abode may be issued to someone who has the Right of Abode.
6(b) states that a Certificate of Entitlement to the Right of Abode may not be issued to someone who already holds certain documents.
6(c) states that a Certificate of Entitlement to the Right of Abode may not be issued to a Commonwealth citizen whose right of abode has been restricted.
6(d) states that a Certificate of Entitlement to the Right of Abode may not be issued to a Commonwealth citizen who has been deprived of his right of abode.

For a British citizen, only 6(a) and 6(b) are relevant.

Hi Vinny,

Thanks for the info. The main reason for rejection for me is they are not considering applicants as British Citizens in first place .. they are treating them as common wealth country citizens and then considering the way parent/parents obtained their British citizenship.

I might have asked this question .. is there any other options available to bring my kid to UK apart from applying british passport of course .. Do you know how to request for reconsideration for ROA from india ?

Thanks,
Ranjith

[ranji82]

In summary, there are two parts.

A) Show that a person has the right of abode.
B) Show that a person with the right of abode may apply for a Certificate of Entitlement for the Right of Abode.

Both parts are trivial for British citizens. Some people are automatically British citizens.

A) 2(1) defines the groups of people who automatically have the right of abode. The groups consist of:

(all) British citizens (2(1)(a)) or
(some) Commonwealth citizens (2(1)(b)).

B) 6 determines who may be issued with a Certificate of Entitlement to the Right of Abode.

6(a) states that a Certificate of Entitlement to the Right of Abode may be issued to someone who has the Right of Abode.
6(b) states that a Certificate of Entitlement to the Right of Abode may not be issued to someone who already holds certain documents.
6(c) states that a Certificate of Entitlement to the Right of Abode may not be issued to a Commonwealth citizen whose right of abode has been restricted.
6(d) states that a Certificate of Entitlement to the Right of Abode may not be issued to a Commonwealth citizen who has been deprived of his right of abode.

For a British citizen, only 6(a) and 6(b) are relevant.

Hi Vinny,

Thanks for the info. The main reason for rejection for me is they are not considering applicants as British Citizens in first place .. they are treating them as common wealth country citizens and then considering the way parent/parents obtained their British citizenship.

I might have asked this question .. is there any other options available to bring my kid to UK apart from applying british passport of course .. Do you know how to request for reconsideration for ROA from india ?

Thanks,
Ranjith

one more thing , I am sending emails to chennai bhs at the below address is this right one

Chennai.visaenquiry@fco.gov.uk

[vinny]

Exact Reason is :

"Father obtained British Citizenship by registration under Section 6(1) i.e. Naturalisation which does not entitle kid to Right of Abode in the UK."

Whatever gave them that idea? It's unsupportable by the legislation.

Thanks for the info. The main reason for rejection for me is they are not considering applicants as British Citizens in first place .. they are treating them as common wealth country citizens and then considering the way parent/parents obtained their British citizenship.

That's another reason for their error. They were considering the wrong criteria. Being a Commonwealth citizen is irrelevant, if the person is also a British citizen. Being a British citizen is sufficient for a person to have a right of abode as defined in 6(a) and 2(1).

Logically,

6(a) is true, if 2(1) is true.
2(1) is true, if 2(1)(a) or 2(1)(b) is true.
2(1)(a) is true, if the applicant is British (*).

[ranji82]

Vinny,

Its really surprising they are doing it to almost every body ...
Can you please confirm the email address i am using is the right one?

Thanks,
Ranjith.

[vinny]

Perhaps mpemma can confirm?

[vinny]

Try contacting Sir James David Bevan KCMG, British High Commissioner to India. He may be able to help and pass on your messages to the right people.

[ranji82]

I could n't get his email address .. any one else can confirm the same please??

[Mahesh Gowda]

I could n't get his email address .. any one else can confirm the same please??

Just a thought as you always asked
Is there a other way?

Because baby is British, is it possible to come to UK on

Emergency travel document

Only gurus can answer this

[ranji82]

I could n't get his email address .. any one else can confirm the same please??

Just a thought as you always asked
Is there a other way?

Because baby is British, is it possible to come to UK on

Emergency travel document

Only gurus can answer this

I thought about it Mahesh .. gurus your thoughts please ??.. can you please check the emailId I used is correct one ?? .. Can I apply for kids passport when he is on family visiting visa??

[Mahesh Gowda]

I could n't get his email address .. any one else can confirm the same please??

Just a thought as you always asked
Is there a other way?

Because baby is British, is it possible to come to UK on

Emergency travel document

Only gurus can answer this

I thought about it Mahesh .. gurus your thoughts please ??.. can you please check the emailId I used is correct one ?? .. Can I apply for kids passport when he is on family visiting visa??

Ranjith i have already answered this
If baby comes on visitor visa, i think u cannot change
visa type.

Again gurus views

[ranji82]

Sorry Mahesh .. I am running out of ideas that's why I am asking same questions again and again ... please confirm the chennai bhs mail id again

Thanks,
Ranjith

[secret.simon]

PLEASE CAN ANYONE HELP ME

sorry to interrupt on this thread!

I was born in the UK in 1995 and I am 20 years old. My mother was a british citizen and my father Indian at the time of my birth and he naturalised in 2001/2 im not quite sure of the date. I want to apply for ROA from within the UK and just not understanding which documents I will need to submit as I am dual national since birth. I know I will need to submit my indian passport and my original full birth certificate alongside my mothers original birth certificate but is there anything else that I should submit? do I have to submit their marriage certificate or my dad's naturalisation certificate aswell? this is the reason as to why I am confused :/


PLEASEEEEE help me out as I am in urgent need of the ROA as I have to travel abroad at the end of July xxxxxx

I am going to be a damp squib about this post, but I think the person posting the question has not been advised correctly, mainly as s/he is posting in the wrong forum.

Vinny has given the correct advice as regards getting a RoA and the broad terms of British law involved.

However, as the poster has not renounced British citizenship when she reached 18, s/he has ceased to be an Indian citizen and therefore has lost the right to an Indian passport. Therefore the question of applying for a RoA is moot and the poster needs to apply for a British passport. See also the UK government's summary of Indian citizenship law.

S/he should be aware that by traveling abroad on an Indian passport past the age of 18, while remaining a British citizen, s/he is breaking Indian law and can be sanctioned if s/he were to return to India.

[secret.simon]

@ranji1982 and Mahesh Gowda

Emergency Travel Document is not an option.

You usually can’t get an emergency travel document if you’ve never had a British passport - contact your nearest British embassy, high commission or consulate if you need to travel urgently and can’t apply for a passport in time.

Nor is any visa. A British citizen does not require. nor can they be issued, a visa to come to the UK.

There are only two real options.

• a) Get a British passport for the child. The child will lose Indian citizenship automatically.
  
  b) Get an Indian passport and RoA.

There is no other alternative.

[20shamat]

Sorry Mahesh .. I am running out of ideas that's why I am asking same questions again and again ... please confirm the chennai bhs mail id again

Thanks,
Ranjith

Hi Ranjit
you were asking about email id, did you try this MADRAVisaInfo@fco.gov.uk
regards

[ranji82]

Hi Guys,

I am delighted to say that we received my kids passport today with ROA stamp on it. I sent second email with all the details like application reference number , sections of the laws as suggested by admins .. To my surprise I got a response with in 10 days stating after going through me email .. they decided to issue the visa.

I want to thank Mahesh , Vinu ,simon and other guys for their suggestions ..

Thanks,
Ranjith

[Mahesh Gowda]

Hi Guys,

I am delighted to say that we received my kids passport today with ROA stamp on it. I sent second email with all the details like application reference number , sections of the laws as suggested by admins .. To my surprise I got a response with in 10 days stating after going through me email .. they decided to issue the visa.

I want to thank Mahesh , Vinu ,simon and other guys for their suggestions ..

Thanks,
Ranjith

Congrats Ranjith, i am happy for you.

[20shamat]

Hi Guys,

I am delighted to say that we received my kids passport today with ROA stamp on it. I sent second email with all the details like application reference number , sections of the laws as suggested by admins .. To my surprise I got a response with in 10 days stating after going through me email .. they decided to issue the visa.

I want to thank Mahesh , Vinu ,simon and other guys for their suggestions ..

Thanks,
Ranjith

Congrats and Best wishes to you