syncro

Hi,

Would like to know further regarding Right of Abode (RoA).

1. My parents was previously PR in the UK. Now currently resides in Malaysia.
2. I was born in UK 1980 and have UK birth certificate with me.

Was wondering if I'm qualified for Right of Abode and if yes could it be extended to my spouse through certificate of entitlement?

Thanks in advance.

Pulaski

What nationality are you? From what you say (born in the UK in 1980) I suspect you are (also) British.

Where are you currently living? What nationality is your spouse?

If you are British and your spouse is neither British, nor a citizen of any country in the European Economic Area (EEA), nor has any claim to citizenship of any country in the EEA, then your spouse will need a visa to live in the UK. ..... Merely being the spouse of a British citizen does not confer any right to live in the UK.

If you have a European citizenship you could formally give up your British citizenship and then move to the UK claiming a family permit for your (non-EEA) spouse to "exercise your treaty rights".

There is an awkward and inconvenient route (if you don't already live in an EEA country) to bypassing the visa requirement for your spouse to live in the UK, by living in another EEA country and then transferring to the UK.

syncro

Hi Pulaski,
Thanks for the quick reply. I'm a Malaysian and residing in Malaysia (but born in UK). My spouse is a Malaysian too.

By virtue of my birth in UK (birth before 1983), would that eligible for me to be a British citizen? I checked through Web page below and it does indicate so.

https://www.gov.uk/check-british-cit...nuary-1983/yes

What do you think?

Thanks again.

syncro

Hi Pulaski,
Thanks for the quick reply. I'm a Malaysian and residing in Malaysia (but born in UK). My spouse is a Malaysian too.

By virtue of my birth in UK (birth before 1983), would that eligible for me to be a British citizen? I checked through Web page below and it does indicate so.

https://www.gov.uk/check-british-citizen/y/before-1-january-1983/yes

What do you think?

Thanks again.

BritInParis

Unless your father was a diplomat then you are a British citizen and therefore hold Right of Abode in the UK. As you probably know applying for a British passport would run the risk of you losing your Malaysian citizenship so a Certificate to Entitlement to Right of Abode in your Malaysian passport is the way to go. Your wife wouldn't qualify for Right of Abode as you (presumably) weren't married before 01/01/1983 so you would need to need to sponsor her for a spouse visa if you both wanted to move to the UK.

Spouse Immigration-UK : British Expat Wiki

syncro

Hi BritinParis,

Thanks for the info. I'm thinking of doing that as well to have a Cert to Entitlement to ROA in my Malaysian passport. Wish me luck!.

Would my baby requires a sponsor similar to my spouses' situation?

BritinParis, you seem to know alot. Are you from Malaysia as well?


Thanks for sharing. You guys/gals are awesome.

HKG3

If you planning to move to the UK with the family, you will need a spouse visa for your other half. Please see link below for details -

https://www.gov.uk/remain-in-uk-family/eligibility

As you are a British Citizen otherwise than by decent, your child would become a British Citizen by decent if the birth took place outside the UK. You may wish to register the child's birth with the UK's Foreign Office.

https://www.gov.uk/register-a-birth

A wee note for you - as your child is a British Citizen by decent, he/she will not be able to automatically pass on British Citizen to any child (i.e. your grandchild) born overseas.

Pulaski

But will be able to pass on citizenship if he/she (the child) lives in the UK for three consecutive years (1095 days) with no more than 270 days during that period outside the UK, before the birth of any children he/she has.

BritInParis

Your child would also be a British citizen so another Certificate of Entitlement to RoA would be the way to go to protect their Malaysian citizenship. Only your wife would need a visa and to be sponsored by you.

And no, I'm not from Malaysia

infocat13

Out of curiosity how would a anti dual national state respond to the ROA ?
India for example is now encouraging a form of dual citizenship and the secretariat of the commonwealth of nations recently suggested harmonizing free movement of peoples

My thoughts are that the right of abode is a form of permanent residence / right to remain so should not be a problem

BritInParis

A Certificate of Entitlement to Right of Abode is an imperfect solution to Malaysia's strong anti-dual nationality stance. Technically Malaysian citizens who voluntarily exercise their rights to another citizenship which gives the passport holder of that country freedom of movement and no conditions/restrictions on employment may be deprived of Malaysian citizenship. RoA would fall under this definition as it permits a holder to live with restriction in the UK but it a lot less likely to cause difficulties than obtaining a foreign passport which would definitely be grounds for loss of citizenship.

Novocastrian

FFS. Descent.