Transfering from Right of Abode to British Citizenship

[hi0u826d]

Hi,

My girlfriend holds an Indian Passport but has RoA through her father and has a CoE for this in her current Indian passport. She has lived in the UK since September 2013 (5+ years) and wishes to renounce her Indian citizenship and apply for BC instead in order to acquire a British Passport.

Through reading various sources it appears that since she has RoA already, she is not subject to immigration control and therefore can not apply for ILR and then BC through naturalisation.

Can anyone provide me with details for how to go about the process of applying for BC whilst holding RoA, the Gov.uk website has not made this process very clear.

Please let me know if you need any more details, any help would be greatly appreciated.

Thanks

[CR001]

Is her father British and if so how did he become British and when??

[hi0u826d]

Her father is Indian and holds an Indian passport, however he was born in the UK in the early 70s and holds RoA.

[secret.simon]

If the father was born in the UK before 1983 (and neither parent of his was a diplomat), he is automatically a British citizen otherwise than by descent (and can therefore apply directly for a British passport himself).

Therefore, provided that he was married to your girlfriend's mother at the time of of her birth, your girlfriend (and all of her siblings) is already a British citizen by descent and can apply for a British passport directly.

She'll need her father's British birth certificate, her parents' marriage certificate and her own birth certificate to apply for the British passport.

[hi0u826d]

Thanks for your detailed reply secret.simon

If her father has never claimed BC, does this have any impact, or does it pass through by descent regardless?

[secret.simon]

It passes by descent regardless for the first generation born outside the UK.