Indiamad

Hi all,

I'm new here and totally confused so bear with, bear with

I'm trying to work out whether I should apply for a Right of Abode certificate (that I've previously held but need to re-apply for as the passport it was in has expired) or, whether I should apply for a British passport as I am eligible as 'British by decent' as my father is English. And clarify a few things in relation to this also.

I've been looking at UK Border Agency and Gov.UK sites but given the complexities of the immigration system I would really appreciate any clarification from people who can give me a clear answer instead of referring me back to their websites!!! Seems they make it as hard as they can to deter people If anyone is up to giving some advice I would be extremely grateful as I feel a tad frustrated

UKtravelbear

Speak to a proper immigration adviser about this.

Only you can decide whether to reapply for right of abode or for British Passport / Nationality and the factor in the implications this might have on your usual nationality.


So to reiterate -

Speak to a proper immigration adviser

Christopher

Indiamad, welcome to FlyerTalk!

I think the advice by UKtravelbear is broadly good.

But a few thoughts and points to consider:

• From the point of view of living and working in the UK, it makes no difference whether you have a British citizen passport or a Certificate of Entitlement to the Right of Abode in another passport - a British citizen passport confirms your right of abode in the UK, as (obviously) does the certficate of entitlement.
• The differences arise in terms of (a) your immigration, employment and residence rights in other EU/EEA countries and Switzerland; (b) your ability to travel visa-free or not to other countries on the basis of your British citizenship; and (c) your right to retain your "other" nationality, depending on the laws and practice of that country. Points (a) and (b) might or might not be important to you.

In terms of EU rights, the certificate of entitlement confers no particular benefits, and other EU/EEA countries and Switzerland will essentially view your passport in the same way as if it were not endorsed.

This will also apply in other, non-EU countries, although they will presumably accept the certificate as proof of residence in the UK where that is relevant for applying for, or being exempt, from tourist/business visas (as is sometimes the case). (In fact, the certificate is not really a proof of residence but on the other hand it is proof that your right to enter and reside in the UK is absolute.)

I assume from your user name here that you might be an Indian citizen? As you probably know, India, and a number of other countries, aim to restrict the possession of dual and multiple citizenships by various means. In the case of India, application for a passport of another country (even though you are already entitled to it) would generally be taken as grounds for the Indian authorities to withdraw your Indian citizenship (not just your current Indian passport). There are ways of obviating this - Overseas Citizenship of India, for example, but you should get proper advice about this.

If you are a citizen of another country (not India) that seeks to limit dual citizenship you would need to find out the laws and regulations of that country with regard to obtaining the passport of another country - it might cause problems, or it might not.

If you are a citizen of a country that has no such restrictions, then from an immigration point of view there would seem to be little point in getting a certificate of entitlement rahter than a British passport, although you would want to be certain that there are no other possible problems (such as an assumed renunciation of residence for tax purposes, difficulty in inheriting or owning property, etc, etc).

As I say, these are just some thoughts to be going on with.