Right to abode - applying from Australia

[cherry6]

Hope someone can help as i feel I am going round in circles!!

I was born in Australia in 1969 to Dutch dad and UK born mum. We all went back to UK in 1971 and I grew up there, going to school, getting NI number, working, able to claim benefits, married UK born man, had 3 UK born kids. We left the UK several times to have extended visits to Australia (all less than 1 year) but I never had a problem re entering the UK on my Australian passport, i just explained the UK was my home.
However in 2004 we moved to Australia, and now we want to go back. I now also have a Aussie born son who is entitled to a UK passport through his dad. We plan to go back in Dec. I am worried I will not be able to re enter the UK as I have been left so long. I read on the British High Commisions site that I might be able to apply for Right to Abode (or the sticker of entitlement) which would cost $460. I tried writing to the BHC and explaining my situation but all I received was an adult British passport application (which I dont think i am entitled to??). I have tried ringing the High Commission (on their expensive phone line) but have received conflicting info. The website says online applications only, but the online form doesnt allow for 4 children and it asks for things like a sponsor. The BHC on the phone says online application only, and to ignore those questions but I cant proceed without filling them in. The BHC also says I cannot apply until 3 months before I go, but then also said it takes approx 12 weeks to assess.
All I want to know is what i should be doing, as I am worried I will apply wrongly and be refused.
My husband needs a new UK passport and the children all need UK passports, and i dont want to pay out for them until I know I can get back OK. All the rest of our families are in the UK.
Hope someone can help or has been in a similar situation to advise.

Cherry x

[vinny]

See also Visa Section - Certificate of Entitlement to the Right of Abode and Chapter 3 - Right of abode.

Alternatively, you may apply to be registered as a British citizen. Subsequently, you may apply for a British passport.

[cherry6]

See also Visa Section - Certificate of Entitlement to the Right of Abode and Chapter 3 - Right of abode.

Alternatively, you may apply to be registered as a British citizen. Subsequently, you may apply for a British passport.

The first link is the site that says it has to be done online, the second site is confusing to read. Registration would be great but apparently takes ages and costs more than the right to abode, but it something I would consider in a year or 2 once i am in the UK.
I just need to know if it has to definitely be done online, as the form doesnt really apply to me, and whether it can only be done 3 months prior to leaving Aus.

[JAJ]

The first link is the site that says it has to be done online

In that case just ignore the questions that are not relevant.

, the second site is confusing to read.

Maybe so - but it explains the law if you make the effort to read it.

You may also wish to peruse:
http://www.bia.homeoffice.gov.uk/siteco ... schapter1/
Click on Section 1 for Right of Abode.

Registration would be great but apparently takes ages and costs more than the right to abode, but it something I would consider in a year or 2 once i am in the UK.

You will have to pay for registration sooner or later, anyway. And it doesn't take "ages" - about 4-6 months is normal.

I just need to know if it has to definitely be done online, as the form doesnt really apply to me, and whether it can only be done 3 months prior to leaving Aus.

It can be done anytime. Just make sure your passport is not expiring soon as the certificate will not be valid for longer than the passport.

No-one may be able to tell you if there is any alternative to an online application, but as you have a legal entitlement (read the law if unclear) you cannot be refused if you make an application for evidence of such.

[Christophe]

The first link is the site that says it has to be done online, the second site is confusing to read. Registration would be great but apparently takes ages and costs more than the right to abode, but it something I would consider in a year or 2 once i am in the UK.
I just need to know if it has to definitely be done online, as the form doesnt really apply to me, and whether it can only be done 3 months prior to leaving Aus.

I don't think it means that it has to be "done on-line", merely that you download (and print out) the application form that is available on-line.

The second website is a more technical explanation of the rules and the regulations pertaining to the eligibility for the right of abode and the procedures of the Home Office (and overseas missions) in issuing the certificates of entitlement. All that you need to know to make an application should be in the first website, from the British High Commission in Canberra.

I don't know how long Canberra takes to issue a certificate, but you would obviously be wise not to make firm plans to go until you have the certificate in your passport.

The forms themselves are extraordinarily hard to find (I think); they can be accessed from the Visa-4-UK icon at the bottom of the Apply online page, which takes you through to here.

[1963British]

Your UK born husband is a British Citizen other than by descent.

Your three UK born children are all British Citizens other than by descent.

Your Australia Born Child is a British Citizen by descent from the father.

All of the above should apply for their British Passports now.

You have an entitlement to be Registered as a British Citizen under s 4 (c) of the British Nationality Act because you were born after 1961 to a British mother. This became possible around five years ago.

Because you have a relatively easy "entitlement" to become a full fledged British Citizen you would be foolish to attempt to return to the UK by any other route. Laws and policies are always subject to change. Get it while you can, you do not know what the future entails.

You will submit an application on Form UKM, in Australia, and the British High Commission will submit it to the Home Office.

If your application is neat, straight forward and the supporting material is problem free, you will probably have your Certificate of registration in three months.

The only way that you can be turned down is if you do not meet the requirements in Guide UKM or the Home Secretary is not satisfied you are of good character, a very low bar.

IMO, going any other route is penny wise and pound foolish.

One last thing, and others on the board that are more adept can clarify, but it probably makes sense for the family members that are British and not Australian by birth to make whatever arrangements need to be done to acquire Australian Citizenship and Australian Passports before returning to the UK.

Go and print out Form UKM for yourself and complete it very neatly, type it up in CAPITAL LETTERS. Gather all the supporting documents. They will want to see your birth certificate and that of your mum. I believe they would like to see your mums UK Passport, though it is not required. If you want the Certificate in a married name, they will need your marriage certificate. I believe the new form requires referees, but they may be Australian since you are not in the UK. You will not need to take any tests and I believe that the Oath is not required since you are Australian.

Print out an adult Passport application for your husband and children passport applications. You will need qualifying photos and the photo will need to be certified by a countersignatory.

Becoming a British Citizen, will cost you an additional $700 in registration and passport fees compared to the other route. BUT it will save you a lot of headache and you will never have to worry about rule changes in the future.

Any chance that you are automatically Dutch from your father? If yes, you could apply for an Dutch/EU Passport and simply enter the UK on that passport under EU rules.

[Christophe]

You will have to pay for registration sooner or later, anyway. And it doesn't take "ages" - about 4-6 months is normal.

Why will she have to apply for registration sooner or later, anyway? Might she not decide to become a British citizen by naturalisation if she lives in the UK for three years as the spouse of a British citizen? Or might she not decide never to become a British citizen but live in the UK as a non-British citizen with the right of abode?

[paulp]

Why will she have to apply for registration sooner or later, anyway? Might she not decide to become a British citizen by naturalisation if she lives in the UK for three years as the spouse of a British citizen? Or might she not decide never to become a British citizen but live in the UK as a non-British citizen with the right of abode?

I think JAJ is looking at it in terms of costs for visas + waiting min 3 years + cost of naturalisation. There is no downside to registration for cherry as future children can get Brit citizenship from their dad if required.

[cherry6]

Your UK born husband is a British Citizen other than by descent.

Your three UK born children are all British Citizens other than by descent.

Your Australia Born Child is a British Citizen by descent from the father.

All of the above should apply for their British Passports now.

You have an entitlement to be Registered as a British Citizen under s 4 (c) of the British Nationality Act because you were born after 1961 to a British mother. This became possible around five years ago.

Because you have a relatively easy "entitlement" to become a full fledged British Citizen you would be foolish to attempt to return to the UK by any other route. Laws and policies are always subject to change. Get it while you can, you do not know what the future entails.

You will submit an application on Form UKM, in Australia, and the British High Commission will submit it to the Home Office.

If your application is neat, straight forward and the supporting material is problem free, you will probably have your Certificate of registration in three months.

The only way that you can be turned down is if you do not meet the requirements in Guide UKM or the Home Secretary is not satisfied you are of good character, a very low bar.

IMO, going any other route is penny wise and pound foolish.

One last thing, and others on the board that are more adept can clarify, but it probably makes sense for the family members that are British and not Australian by birth to make whatever arrangements need to be done to acquire Australian Citizenship and Australian Passports before returning to the UK.

Go and print out Form UKM for yourself and complete it very neatly, type it up in CAPITAL LETTERS. Gather all the supporting documents. They will want to see your birth certificate and that of your mum. I believe they would like to see your mums UK Passport, though it is not required. If you want the Certificate in a married name, they will need your marriage certificate. I believe the new form requires referees, but they may be Australian since you are not in the UK. You will not need to take any tests and I believe that the Oath is not required since you are Australian.

Print out an adult Passport application for your husband and children passport applications. You will need qualifying photos and the photo will need to be certified by a countersignatory.

Becoming a British Citizen, will cost you an additional $700 in registration and passport fees compared to the other route. BUT it will save you a lot of headache and you will never have to worry about rule changes in the future.

Any chance that you are automatically Dutch from your father? If yes, you could apply for an Dutch/EU Passport and simply enter the UK on that passport under EU rules.

I worry though that the High Commission will take longer than 3 months though. I have set my heart on being back in time for Xmas and the BHC said on the phone it takes at least 6 months for registration.

The Dutch thing I will check out but I think JAJ said on a previous matter that I posted on that I had missed out on that.

I am actually tempted to enter UK on an Aus passport with a return ticket and apply for right to abode or registration there, is it any cheaper doing it that way? Or is that no good?

[cherry6]

The form will not allow me to bypass questions so should I just write anyones details in under sponsor? They want to know all about them?

[JAJ]

The form will not allow me to bypass questions so should I just write anyones details in under sponsor? They want to know all about them?

No sponsor is needed for Right of Abode so why don't you give a name "Not Applicable"

I find it amazing that they are trying to make one form fit every category.

[Christophe]

I find it amazing that they are trying to make one form fit every category.

I don't, unfortunately — the passport application form (different origin, I know) is extraordinarily poorly designed. Once upon a time there were different forms for people with different claims to a passport; no doubt that caused problems, for example with people being given the wrong form to fill in, but the resultant single form is a mess, asking questions that not everyone has to answer and without consistently clear instructions about who should fill in what. It's a sign of sloppy thinking, I think.

[JAJ]

Go and print out Form UKM for yourself and complete it very neatly, type it up in CAPITAL LETTERS. Gather all the supporting documents. They will want to see your birth certificate and that of your mum. I believe they would like to see your mums UK Passport, though it is not required. If you want the Certificate in a married name, they will need your marriage certificate. I believe the new form requires referees, but they may be Australian since you are not in the UK. You will not need to take any tests and I believe that the Oath is not required since you are Australian.

Oath is required for Australians, since 2004.

Any chance that you are automatically Dutch from your father? If yes, you could apply for an Dutch/EU Passport and simply enter the UK on that passport under EU rules.

But Dutch citizenship is not the same as British citizenship, or Right of Abode either.

[cherry6]

The form will not allow me to bypass questions so should I just write anyones details in under sponsor? They want to know all about them?

No sponsor is needed for Right of Abode so why don't you give a name "Not Applicable"

I find it amazing that they are trying to make one form fit every category.

Just wanted to let you know (in case anyone reading this is in same situ), that i filled the online form in, which was extremely difficult. There was heaps of questions regarding sponsors, including their employment details, their earnings, passport details, where they live etc. I was able to put not applicable for some of the questions but others would not allow this, as I had to choose particular dates etc. So I have just had to pick anything which is ludicrous, and the form is three quarters not applicable to me. After I filled it out I had to book an appointment at my local consulate to have biometrics taken, again ridiculous as biometrics are not required for right of abode but as this form does not cater for right of abode I have to go to an appointment which will be a waste of time. As well as that, the form had to be printed out so it could be posted to Canberra after my supposed biometric meeting, and there was virtually no space on it for me to explain the situation regarding me having an extra child which the form doesnt cater for, plus the background to me being a previous UK resident.
The whole thing sucks and is badly organised.

[Christophe]

Cherry6, will you let us know how you get on?

[cherry6]

Cherry6, will you let us know how you get on?

Went to the british consulate for my biometric appointment and, surprise, they told me that i did not need biometrics done. They said that the online form was having problems and said sorry, i would need to write a cover letter explaining the situation. This would all need to be posted to canberra and i did not have to wait till three months prior to departure. Its a shame my trip was wasted but i am relieved that i finally have some answers, even if they had to ring canberra for the info! I will let you know what the final result is, thanks for all your help.

[Christophe]

Went to the british consulate for my biometric appointment and, surprise, they told me that i did not need biometrics done. They said that the online form was having problems and said sorry, i would need to write a cover letter explaining the situation. This would all need to be posted to canberra and i did not have to wait till three months prior to departure. Its a shame my trip was wasted but i am relieved that i finally have some answers, even if they had to ring canberra for the info! I will let you know what the final result is, thanks for all your help.

Thanks for the information, cherry6.

It all seems extraordinary, doesn't it? If they know that the "online form was having problems", they could do more than say sorry and ask you to write a covering note — they could surely organise for it to be fixed, or else put a prominent note on their website about what to do for applications for a certificate of entitlement. Additionally, there must be people making such applications all the time: it is hardly unusual.

Not very impressive!

[JAJ]

It may be worth making a formal complaint to UK Visas and/or the British High Commission.