Right to abode
#1
Forum Regular
Thread Starter
Joined: Jun 2011
Posts: 64
Right to abode
Hi this is my first post and hoping someone might be able to answer my question.
I had "right to abode" when I lived in the UK, I believe this is still the case even though we have been living in OZ for last 15 years and hoping to go back to live in the UK. My question, though may sound silly, is when I had my passport renewed a few years ago I was living here in OZ so therefore I haven't actually got a RTO visa in my current passport.
What do I need to do? I enquired but had no reply from The british visa dept in the UK.
I hope this makes sense to someone and look forward to your replies.
Kind Regards
I had "right to abode" when I lived in the UK, I believe this is still the case even though we have been living in OZ for last 15 years and hoping to go back to live in the UK. My question, though may sound silly, is when I had my passport renewed a few years ago I was living here in OZ so therefore I haven't actually got a RTO visa in my current passport.
What do I need to do? I enquired but had no reply from The british visa dept in the UK.
I hope this makes sense to someone and look forward to your replies.
Kind Regards
#2
BE Forum Addict
Joined: Apr 2008
Posts: 2,294
Re: Right to abode
The certificate is placed in a valid passport and expires when the passport expires. To have a certificate in your new passport, you must apply for one again.
If you have a certificate that was issued after 21 December 2006, it can be withdrawn if we find out that you no longer qualify for one or if an official order is made to remove your right of abode.
http://www.ukba.homeoffice.gov.uk/br...mrightofabode/
#3
Re: Right to abode
If you had Right of Abode (under the 1983 laws) then you won't have ceased to hold ROA merely because your stamp is expired. You can get a new stamp if you follow instructions at http://www.ukvisas.gov.uk
Do you have Right of Abode based on a UK born mother? If so, you should normally be able to apply for British citizenship by descent. And if you have had children born in Australia since returning, you might also be able to get them British citizenship provided you apply before they turn 18.
Do you have Right of Abode based on a UK born mother? If so, you should normally be able to apply for British citizenship by descent. And if you have had children born in Australia since returning, you might also be able to get them British citizenship provided you apply before they turn 18.
#4
slanderer of the innocent
Joined: Dec 2008
Location: Vancouver, BC
Posts: 6,695
Re: Right to abode
If you had Right of Abode (under the 1983 laws) then you won't have ceased to hold ROA merely because your stamp is expired. You can get a new stamp if you follow instructions at http://www.ukvisas.gov.uk
Do you have Right of Abode based on a UK born mother? If so, you should normally be able to apply for British citizenship by descent. And if you have had children born in Australia since returning, you might also be able to get them British citizenship provided you apply before they turn 18.
Do you have Right of Abode based on a UK born mother? If so, you should normally be able to apply for British citizenship by descent. And if you have had children born in Australia since returning, you might also be able to get them British citizenship provided you apply before they turn 18.
#6
Forum Regular
Thread Starter
Joined: Jun 2011
Posts: 64
Re: Right to abode
Hello,thank you for all your replies, I first had RTO stamp in 1985,I lived in the UK with my British husband who I married here in OZ in 1977.We divorced and I continued to live in London where I met my partner who is English we had a child then came to live in oZ in 1996. We now want to return and our son who is English wants to study at a University in the UK next year.My OH and I have been together since 1989 though never married.
I just thought applying for RTO would be simpler then spouse sponsorship.
I have read all the different information on applying for perm residents,it does get confusing so I might give them a buzz.
Thanks again.
I just thought applying for RTO would be simpler then spouse sponsorship.
I have read all the different information on applying for perm residents,it does get confusing so I might give them a buzz.
Thanks again.
#7
BE Forum Addict
Joined: Apr 2008
Posts: 2,294
Re: Right to abode
There have been lots of topics on this, so have a look on the search function.
Edited to say:-
This is one of the threads
http://britishexpats.com/forum/showthread.php?t=712474
Last edited by formula; Jun 19th 2011 at 12:09 pm.
#8
Re: Right to abode
I think you have to have lived in the UK for three years before a child is eligible for UK university fees and not international fees. I enquired for my three sons, its really expensive.
#9
Re: Right to abode
Hello,thank you for all your replies, I first had RTO stamp in 1985,I lived in the UK with my British husband who I married here in OZ in 1977.We divorced and I continued to live in London where I met my partner who is English we had a child then came to live in oZ in 1996. We now want to return and our son who is English wants to study at a University in the UK next year.My OH and I have been together since 1989 though never married.
I just thought applying for RTO would be simpler then spouse sponsorship.
I have read all the different information on applying for perm residents,it does get confusing so I might give them a buzz.
Thanks again.
I just thought applying for RTO would be simpler then spouse sponsorship.
I have read all the different information on applying for perm residents,it does get confusing so I might give them a buzz.
Thanks again.
Your son - is he also an Australian citizen? If not, he needs to get his citizenship before he even thinks about leaving Australia.
Also, does he have a British passport? His claim to British citizenship based on UK birth also required you to be "settled" in the UK (which you were). As you were not married to his father, they don't look at the father's status as he was born before July 2006.
#10
Forum Regular
Thread Starter
Joined: Jun 2011
Posts: 64
Re: Right to abode
Thanks everyone for all your advice and replies most appreciated.
Yes unfortunately I did find out that we will have to pay Uni fees (grrrrrrrrr).
Our son has got Australian citizenship I did that before we left the UK. He doesn't have UK passport yet but will apply for that when he turns 18 next year,he has a British birth certificate .My OH will apply for Citizenship before we leave so if we do have to or want to return to OZ it will be so much easier.
I will definitely apply for RTO just got to find the right forms to fill in online.
Oh while I am on here has anyone lived or visited Hertford,if so is it a nice Town to live in?.We need to be close to trains for London,would like somewhere with loads of charm and character plus be close to Essex, roughly no further than one hours drive.We also are looking at Farnham and Godalming out of these we have only visited Farnham in Surrey which had a lovely feel,I just think it may be a tad too far on the dreaded M25 and crossing the Dartford Tunnel when visiting family and friends.
Thanks again cheers.
Yes unfortunately I did find out that we will have to pay Uni fees (grrrrrrrrr).
Our son has got Australian citizenship I did that before we left the UK. He doesn't have UK passport yet but will apply for that when he turns 18 next year,he has a British birth certificate .My OH will apply for Citizenship before we leave so if we do have to or want to return to OZ it will be so much easier.
I will definitely apply for RTO just got to find the right forms to fill in online.
Oh while I am on here has anyone lived or visited Hertford,if so is it a nice Town to live in?.We need to be close to trains for London,would like somewhere with loads of charm and character plus be close to Essex, roughly no further than one hours drive.We also are looking at Farnham and Godalming out of these we have only visited Farnham in Surrey which had a lovely feel,I just think it may be a tad too far on the dreaded M25 and crossing the Dartford Tunnel when visiting family and friends.
Thanks again cheers.
#11
Re: Right to abode
Thanks everyone for all your advice and replies most appreciated.
Yes unfortunately I did find out that we will have to pay Uni fees (grrrrrrrrr).
Our son has got Australian citizenship I did that before we left the UK. He doesn't have UK passport yet but will apply for that when he turns 18 next year,he has a British birth certificate.
Yes unfortunately I did find out that we will have to pay Uni fees (grrrrrrrrr).
Our son has got Australian citizenship I did that before we left the UK. He doesn't have UK passport yet but will apply for that when he turns 18 next year,he has a British birth certificate.
What I'm saying is that if he has no passport record already on the system (and doesn't have a British parent - his father doesn't count as you're unmarried), his first British passport application will not be as simple as others. Do not leave it until the last minute as embassy staff often do not understand nationality law.
My OH will apply for Citizenship before we leave so if we do have to or want to return to OZ it will be so much easier.
I will definitely apply for RTO just got to find the right forms to fill in online.
Your ROA stamp will have validity limited to your passport validity, so if your passport is going to expire anytime in the next few years, renew that first.
#12
Forum Regular
Thread Starter
Joined: Jun 2011
Posts: 64
Re: Right to abode
Oh no I didn't realize that,does it help that he was on his fathers passport when we first came to OZ when he was 2 years old?
#13
Re: Right to abode
So he really needs to apply for his British passport well in advance. And keep copies of evidence of your old ROA stamp (you may have to send away the original, so keep a copy) as it is the only way he will be able to show he's British and hence eligible for a British passport.
And by the way, when applying for his British passport he does NOT need to send away his Australian passport. You can ignore any instruction that says so. But do send a copy.