Right of Abode or BC

[ric1982]

Hi,

We are currently planning for a immigration application for newly born baby. But we are not sure if to go for right to abode or BC for the new born baby. We want the baby to study in India so our preference would be to have Indian citizenship with Right of Abode. But the question is what are the drawbacks of Right of Abode to the BC?

Thanks

[vinny]

ROA2 Who has the right of abode?

Section 2 of the 1971 Act, as amended by s.39(2) of the British Nationality Act 1981 (BNA 1981), defines the two categories of people who currently have the right of abode:

British citizens; and
Commonwealth citizens who had the right of abode before 1 January 1983 and who have not, since then, ceased to be Commonwealth citizens.

There is no difference in the UK between Right of Abode and British citizenship for people born since 1983.

However, see also Parents have ILR, can baby avoid being British.

[ric1982]

ROA2 Who has the right of abode?

Section 2 of the 1971 Act, as amended by s.39(2) of the British Nationality Act 1981 (BNA 1981), defines the two categories of people who currently have the right of abode:

British citizens; and
Commonwealth citizens who had the right of abode before 1 January 1983 and who have not, since then, ceased to be Commonwealth citizens.

There is no difference in the UK between Right of Abode and British citizenship for people born since 1983.

However, see also Parents have ILR, can baby avoid being British.

Thanks . I got BC and my wife has got ILR. Can we also apply for Right to Abode for my wife who has ILR and avoid BC?

[vinny]

Probably no.

The right of abode is a statutory right, which a person either has or does not have, depending on whether they meet the conditions in section 2 of the 1971 Act. Under s.2A of the 1971 Act, the right of abode can be taken away. The Minister (or officials working on his behalf) cannot confer the right of abode on any person - for example, merely by issuing a passport or certificate of entitlement (Christodoulido - v - SSHD [1985] Imm AR 179).