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Right to abode

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

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paul1976
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Right to abode

Post by paul1976 » Sat May 27, 2017 7:24 am

Hi there guys, I have a question I was born in 1976 in Australia, my Father was born in the UK lived there for 30+ years and was a British citizen at the time of my birth mother was born in the UK but never got married can I get a right to Abode though my Father being born in the UK even tho the embedment in 1983 was introduced?

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CR001
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Re: Right to abode

Post by CR001 » Sat May 27, 2017 10:42 am

If you parents did not marry then no.

You can register as British Citizen on form UKF though with the relevant evidence.
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paul1976
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Re: Right to abode

Post by paul1976 » Sat May 27, 2017 11:06 am

had a feeling that was the case, but it was a little confusing thankyou very much for the reply

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Re: Right to abode

Post by CR001 » Sat May 27, 2017 11:08 am

Only a British citizen can apply for Right of Abode.

Did your parents marry at any time after your birth?

Is your father named on your birth certificate?
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paul1976
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Re: Right to abode

Post by paul1976 » Sat May 27, 2017 11:14 am

CR001 wrote:Only a British citizen can apply for Right of Abode.

Did your parents marry at any time after your birth?

Is your father named on your birth certificate?
no they're still unmarried

and yes my father is named on my birth certificate and on my birth cert it says my mother maiden surname but also says My Surname (fathers) as if they were married but they're definitely unmarried

paul1976
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Re: Right to abode

Post by paul1976 » Sat May 27, 2017 11:17 am

I thought right to abode also went for commonwealth citizens with British citizens parents

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CR001
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Re: Right to abode

Post by CR001 » Sat May 27, 2017 11:19 am

paul1976 wrote:I thought right to abode also went for commonwealth citizens with British citizens parents
Likely only in certain circumstances if the child is British by descent, which you are not. Right of abode is not specific to commonwealth countries.
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Re: Right to abode

Post by vinny » Sat May 27, 2017 12:38 pm

Person with right of abode wrote:A Commonwealth citizen (not a CUKC) with a parent / adoptive parent who, at the time of the person’s birth / adoption, was a CUKC by birth in the United Kingdom
4.1 Definitions wrote:Parent includes the mother, but not the father, of an illegitimate child. It also includes the adoptive parents of a legally adopted child (see below)
If your mother was born in the UK, then pehaps you may apply for a CoE-RoA?

However, it may be cheaper in the long run to register as a British citizen and get a British passport.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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paul1976
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Re: Right to abode

Post by paul1976 » Sat May 27, 2017 1:02 pm

would be able to do that in my case just apply for British passport as that yes would be a heck of a lot cheaper.

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Re: Right to abode

Post by vinny » Sat May 27, 2017 1:23 pm

No, you may automatically acquire British citizenship, only if your British father was married to your mother.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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paul1976
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Re: Right to abode

Post by paul1976 » Sat May 27, 2017 1:30 pm

vinny wrote:No, you may automatically acquire British citizenship, only if your British father was married to your mother.
okie dokie , dam parents having bastard children lol :D ok so my options are have ago at right to abode 50/50 by the rules with mother being born in the UK CoE-RoA

or apply for citizenship then passport

or the first suggestion Form UKF

I thankyou both very much for your help

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Re: Right to abode

Post by CR001 » Sat May 27, 2017 3:27 pm

UKM registration (through British mother) or UKF registration (through British father) both cost £80 each.

RoA costs a lot more than this @ £423.

Passport, once British, costs £72.50.
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Re: Right to abode

Post by paul1976 » Sat May 27, 2017 3:54 pm

CR001 wrote:UKM registration (through British mother) or UKF registration (through British father) both cost £80 each.

RoA costs a lot more than this @ £423.

Passport, once British, costs £72.50.
oh wow it's only the ceremony cost, that's very acceptable I thought I read some where per adult it was 900+ pounds aswell as the ceremony cost very much relieved lol

just one more question, would that mean I would loose my Australian Citizenship or just become a duel citizen and CR001 mate, thankyou again for all your info it's be a very frustrating few weeks going though all the info and extremely confusing

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Re: Right to abode

Post by vinny » Sat May 27, 2017 4:00 pm

Both Australia and UK permit dual citizenships.
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Re: Right to abode

Post by JAJ » Sat May 27, 2017 5:55 pm

CR001 wrote:UKM registration (through British mother) or UKF registration (through British father) both cost £80 each.

RoA costs a lot more than this @ £423.
Note that UKM gives British citizenship by descent, as does UKF (in most cases) where the applicant was born outside the United Kingdom. A holder of Right of Abode may become naturalised British after meeting the normal residence requirements and hence be a British citizen otherwise than by descent. A British citizen by descent cannot make an application for naturalisation.

The scenario in this thread looks quite similar to http://www.dailymail.co.uk/news/article ... grant.html. Which proves that one should never seek advice from the Home Office- they only mentioned the UKM/UKF options for British citizenship after some prompting and the fact that this person has had Right of Abode since birth has been missed completely.
This is not intended to be legal or professional advice in any jurisdiction.

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Re: Right to abode

Post by CR001 » Sat May 27, 2017 6:43 pm

JAJ wrote:
CR001 wrote:UKM registration (through British mother) or UKF registration (through British father) both cost £80 each.

RoA costs a lot more than this @ £423.
Note that UKM gives British citizenship by descent, as does UKF (in most cases) where the applicant was born outside the United Kingdom. A holder of Right of Abode may become naturalised British after meeting the normal residence requirements and hence be a British citizen otherwise than by descent. A British citizen by descent cannot make an application for naturalisation.

The scenario in this thread looks quite similar to http://www.dailymail.co.uk/news/article ... grant.html. Which proves that one should never seek advice from the Home Office- they only mentioned the UKM/UKF options for British citizenship after some prompting and the fact that this person has had Right of Abode since birth has been missed completely.
Unsure why you have quoted my post??
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Re: Right to abode

Post by JAJ » Sat May 27, 2017 6:48 pm

CR001 wrote: Unsure why you have quoted my post??

A person who is entitled to both a Certificate of Entitlement to Right of Abode and UKM/UKF registration as a British citizen may prefer the ROA + naturalisation route to British citizenship instead of becoming a British citizen by descent. Especially if already resident in the United Kingdom.
This is not intended to be legal or professional advice in any jurisdiction.

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Re: Right to abode

Post by CR001 » Sat May 27, 2017 6:52 pm

JAJ wrote:
CR001 wrote: Unsure why you have quoted my post??

A person who is entitled to both a Certificate of Entitlement to Right of Abode and UKM/UKF registration as a British citizen may prefer the ROA + naturalisation route to British citizenship instead of becoming a British citizen by descent. Especially if already resident in the United Kingdom.
But the OP is not British due to being born pre 1983 outside the UK to parents who were/are not married.
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Re: Right to abode

Post by JAJ » Sun May 28, 2017 2:15 am

CR001 wrote: But the OP is not British due to being born pre 1983 outside the UK to parents who were/are not married.
Nevertheless, Right of Abode is held by a substantial number of non-British citizens born before 1983.
https://www.gov.uk/right-of-abode/commonwealth-citizens
This is not intended to be legal or professional advice in any jurisdiction.

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Re: Right to abode

Post by paul1976 » Sun May 28, 2017 5:26 am

i don't mind the dual citizen route, but looking though the UKM referee needs is becoming a problem as I don't know any of those so call professional people that I would have known for 3 years. 99% of the people I know are factory workers and retail workers not accountants and government officials, doctors and solicitors

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Re: Right to abode

Post by JAJ » Sun May 28, 2017 1:48 pm

Information on why references are required and qualifications required:
https://www.gov.uk/government/uploads/s ... n-v6_0.pdf

List of acceptable professions:
https://www.gov.uk/government/uploads/s ... ersons.pdf

A person signing as a reference doesn't have to be a personal friend, only someone who has known you in person- can be in a professional capacity- and can attest to your identity if required. (Australian equivalents to specified U.K. professional bodies should normally be acceptable).
This is not intended to be legal or professional advice in any jurisdiction.

paul1976
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Re: Right to abode

Post by paul1976 » Sun May 28, 2017 2:05 pm

JAJ wrote:Information on why references are required and qualifications required:
https://www.gov.uk/government/uploads/s ... n-v6_0.pdf

List of acceptable professions:
https://www.gov.uk/government/uploads/s ... ersons.pdf

A person signing as a reference doesn't have to be a personal friend, only someone who has known you in person- can be in a professional capacity- and can attest to your identity if required. (Australian equivalents to specified U.K. professional bodies should normally be acceptable).
I think I've found afew referees now: a Bank officer (Australian) , Local Government Official (Australian), A Personal Licensee holder (British) , and for good measure going to see my Doctor (Australian) but still unsure of what they have to write. a letter stating there position, how long they have known me and contact details i'm guessing and signature or is there a official form they have to fill in?

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Re: Right to abode

Post by JAJ » Mon May 29, 2017 2:35 am

They just need to fill in the relevant section of the UKM application form.
This is not intended to be legal or professional advice in any jurisdiction.

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