Right of Abode Certificate

[ric1982]

Dear eashkuma4 and ric1982

Thank you guys for sharing your experience which is very valuable since very few people have an experience on this. Would like to ask you a few doubts-

1. Did you submit parents original passports when registering birth and applying for Indian passport of newborn child at CGI/HCI ?
2. How long did it take to get the indian registration of birth and indian passport for newborn child and were you able to do both things together ? Also did you apply in person or by post ?
3.Did you submit a handwritten declaration of non acquisition of british citizenship or did you apply for certificate of non acquisition of british citizenship from UKBA and how long does it take to get one in case of the latter ?

Would really appreciate your advise and experience.
Thanks

1. Yes you do. Both parents
2. Yes together about 2-3 weeks
3. I have submitted the letter from UKBA which cost a fortune . IHC have asked for this letter specifically. The letter takes about couple of weeks to arrive.

[ramu123]

For 2) I don't think they are allowing to apply for both registration and passport at once.
I went to HC last week and was told that I couldn't do both together.

[rrp]

Dear eashkuma4,

Thanks for this valuable information. Its very useful. I and my wife both are in ILR visa and wanted our baby to retain Indian citizenship.

1) Will my child be eligible for COE-ROA?
2) Once the child becomes full age, does the child need to choose one passport/nationality?
3)Is there any difference between normal Indian citizenship and citizenship with COE-ROA?

I would really appreciate if this information can be provided.

Thanks.

[rrp]

Sorry, in addition to the above question, I would like to know if the child has to be registered as British citizen first before applying ROA. As I can see in the ROA form there are only two options - British and Commonwealth.

If any one can provide this information it will really help me to take an urgent decision.

[vinny]

A non-British citizen born in/after 1983 cannot be eligible for ROA.

The only way to acquire the right of abode since 1 Jan 1983 has been by becoming a British citizen.

See also Are you a minor, Indian by descent and also foreign citizen?

[rrp]

Thanks for your reply. I was speaking with Indian high commission - London and they advised me that I can apply for an Indian passport for my UK born child even though I and my wife are both in ILR. So in this case the child will be Indian by descent.

So we need a visa for my child to stay in this country. My question is that what visa we need here? Is it COE-ROA? I have been told earlier that the child can not apply ILR.

I am really tensed now and based on this we need to take a decession. Any help/info will be appreciated.

Thanks

[vinny]

If UK-born child is British, then child may apply for COE-ROA. Else, child may apply for ILR/ILE.

[rrp]

Thanks for your reply. In my case will the child be British or Indian. Because I am going to apply Indian passport for the UK born child.
Also I have been told earlier in this forum that I can not apply ILE/ILR for the UK born child.

Could you please clarify.

[vinny]

That is correct. A British citizen cannot apply for ILR/ILE.

Do click on given links for more info.

[rrp]

So in my case the child will be British or Indian?
The child will be born here but we are going to apply Indian passport.

[vinny]

Did you read the link given before?

[rrp]

Yes, I have read this. So does this mean my child will be having both British and Indian nationality. And can I follow these steps to retain Indian citizenship for my child.

Instead of applying for British passport, apply for Indian citizenship -> Indian passport -> certificate of entitlement (CoE) to right of abode (RoA) from UKBA.

Also do I need to make anything to register my child as British as ROA is for British only and as per the above steps I will be only applying Indian passport.

[vinny]

Do read all the previous links.

If child is automatically British, then it's unnecessary to register child as British.
If child is not automatically British, then you may register child as British.

Naturally, you will register her/his Birth and get a Birth certificate when s/he is born.

[rrp]

Thanks. Can you please confirm the steps for me then once the child is born.

Just for info, I am my wife both having ILR.

1. Get the child birth cerificate.
2. Register the child birth in Indian emabasy.
3. Apply for Indian passport.
4. Apply for COE-ROA as the child will be both British and Indian both.

Thanks.

[vinny]

Seems Okay.

[wmazhar]

Hi eashkuma4

could you tell me what documents you submitted?
and r u sure 2-3 weeks is still the processing time

your answer will be really appreciated

thanks

It takes hardly 2-3 weeks within the UK

I got my son in 2 weeks

[snowflake007]

Hi,

I am a british citizen, my wife an indian citizen on spouse visa in uk.

Have had a baby born to us last month and we have started doing his paperwork. my baby is a british national i believe as he is born in uk to a british father, however we are applying for indian passport/nationality

Can you advise me the following:-

--Non acquisition of british citizenship form has a section asking for nationality/passport number, does that mean my details or the baby,s details. the form has to be filled from baby's side isnt it?

Please clarify. most grateful for your help
Regards
Snowflake007

[snowflake007]

please respond..seniors...thanks a lot

[rrp]

Hi,

Hope you can help me. I am applying COE-Right to abode for my baby. In the application form, can I put my signature under declaration section.

Thanks.

[snowflake007]

Yes you can sign where declaration is required. Do mention your relationship with baby i.e. father/mother of baby( name)...

[rrp]

Thanks a lot.

[rrp]

Hi,

Can any one please help me urgently. Two weeks back I applied Right to abode for my baby in UK. Today I received an letter from Home office acknowledging my receipt of application. Along with that I got another letter that contains general information about the process and it says that that '95% of applications are processed within 6 months'.

I am really worried by seeing this. I was under impression that the applications are processed pretty quickly if made within UK. I need to go to India soon for a personal work and this much delay can create problem for me.

Can you please suggest if there is any way I can speed up the process or normally how much time it takes to process the application.

Thannks.

[rrp]

Can any one please help me for the above query. Does any one know the standard processing time for Right to abode if apply via post. Is there any same day service available for right to abode application.

Thanks.

[snowflake007]

Hi, standard processing time varies. can take upto 6 months, mine took 2 months though which includes the x mas period.
Not sure if they have the same day service but worth looking into.
You can email them and explain your circumstances to going back to india soon, no harm in trying but doubt that ever helps.
also could contact your local MP and see if they can do anything to help.
cheers

[maccdad]

If the parents apply for ILR (indefinite leave to remain) after the baby was born, then is baby eligible for ROA certificate or british passport once the parents obtain their ILR?