Right to abode

Old Jun 18th 2011, 7:26 am
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Default 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
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Old Jun 18th 2011, 9:51 am
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Default Re: Right to abode

Originally Posted by Belles30
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.
A quick google brought this up from the UKBA website

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If you have a certificate that was issued after 21 December 2006, it can be withdrawn if we find out that you no longer qualify for one or if an official order is made to remove your right of abode.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/
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Old Jun 19th 2011, 2:21 am
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Default 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.
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Old Jun 19th 2011, 3:31 am
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Default Re: Right to abode

Originally Posted by JAJ
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.
I thought citizenship by descent only went to first generation born outside UK?
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Old Jun 19th 2011, 3:38 am
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Default Re: Right to abode

Originally Posted by Kiwilass
I thought citizenship by descent only went to first generation born outside UK?
There are exceptions. One of which is if a British citizen by descent has lived in the UK for 3+ years and child is under 18.
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Old Jun 19th 2011, 5:33 am
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Default 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.
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Old Jun 19th 2011, 11:26 am
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Default Re: Right to abode

Originally Posted by Belles30
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.
Are you aware that he will have to pay International fees for univiersity and have no access to the UK government's Students Loans money? A British passport alone is not enough to get home fees.

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.
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Old Jun 19th 2011, 12:14 pm
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Default 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.
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Old Jun 19th 2011, 5:25 pm
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Default Re: Right to abode

Originally Posted by Belles30
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.
As an Australian citizen, when you married a British man before 1983, you automatically acquired Right of Abode in the United Kingdom. As far as I am aware, the subsequent divorce did not remove your ROA and yes, getting a new ROA stamp is simpler than any other immigration option.

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.
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Old Jun 25th 2011, 9:52 am
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Default 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.
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Old Jun 25th 2011, 7:35 pm
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Default Re: Right to abode

Originally Posted by Belles30
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.
As he was born after 1982, his birth certificate does NOT prove that he is a British citizen. He will have to show that you (his mother) had "settled status" when he was born. A copy of your Right of Abode stamp should do, although they might want to see the original.

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.
Also, that will take months to process ... don't leave it until the last minute.


I will definitely apply for RTO just got to find the right forms to fill in online.
http://www.ukvisas.gov.uk

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.
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Old Jun 25th 2011, 10:58 pm
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Default 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?
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Old Jun 26th 2011, 5:27 pm
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Default Re: Right to abode

Originally Posted by Belles30
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?
Not really, because 1. they don't want to look up passport archives, and 2. there may be no proof of citizenship on his passport file anyway.

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.
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