chichiant

Hello, I need some help, I've been reading the Right of abode web page from Gov.uk but I still don't fully understand it.
Essentially, my brother would like to come to the UK to live with me and my mum.

According to gov.uk:
You have right of abode if all the following apply:

• one of your parents was born in the UK and a citizen of the United Kingdom and colonies when you were born or adopted - Very confused by this, our mum was born in Nigeria in 1950 while it was still a colony but my brother was born in 1978 after it had received independence. Nigeria received its independence in 1960.
  
• you were a Commonwealth citizen on 31 December 1982 - He was born in September 1978 in Nigeria so he's definitely a Commonwealth citizen.
  
• you didn’t stop being a Commonwealth citizen (even temporarily) at any point after 31 December 1982 - Nigeria is still a commonwealth country so therefore he's still a Commonwealth citizen.

But according to Wikipedia:
The right of abode in the UK is also conferred on a person who, on 31 December 1982:

• was a Commonwealth citizen or a British subject; and
• had a parent who, at the time of the person's birth or legal adoption, was a citizen of the United Kingdom and Colonies on account of having been born in the UK

Does this mean that he would have had to be born before Nigeria received its independence to be eligible to apply for a certificate of entitlement for ROA, or would our mum had to have been born in the UK instead of the Nigerian colony?

HKG3

The UK Parliament passed The Nigeria Independence Act 1960 and in it, it stated that after Nigeria's independence, A Citizen of the United Kingdom and Colonies (CUKC) in Nigeria would no longer be CUKC if he/she received Nigerian citizenship after independence and his/her father was born in Nigeria. Please see section 2 of the link below for details -

http://www.legislation.gov.uk/ukpga/...9600055_en.pdf

Another important point is -

one of your parents was born in the UK and a citizen of the United Kingdom and colonies when you were born or adopted - Very confused by this, our mum was born in Nigeria in 1950 while it was still a colony but my brother was born in 1978 after it had received independence. Nigeria received its independence in 1960.

As your mother was not born in the UK, your brother is not likely to qualify.

Ebilil

Good day.I was born in the uk in 1988 and my mother was born in Nigeria in 1955 before the independence. am i entitled to the right of abode?because have been trying to figure out a way around this.

BritInParis

Was your mother's immigration status in the UK when you were born? When did she arrived in the UK? What about your father? Are you living in the UK now?

Ebilil

my mother was not a citizen as at the time I was born,neither my father .further than that I was taken to nigeria some days before I clocked one.what can I do to go back to the uk?I am 30 years old now

BritInParis

If neither of your parents were British citizens when you were born then in order for you to be a British citizen at birth at least one of them would have needed to have been 'settled' in the UK - this means having Right of Abode or Indefinite Leave to Remain (or permanent residence if you are an EU citizen).

When did your parents arrive in the UK? What was their immigration status at the time you were born? Were your parents married when you were born?

Ebilil

my parents do go to the uk on holidays to visit .they were married at the time of my birth. My mother came by herself some months before my delivery to visit her brothers who were residing there then and my father was in Nigeria busy at work.it was not until after my delivery that he came over for a vast also.I just want to know if there is any way around it.I mean I want to know if I stand a chance of working and living in the uk?

BritInParis

If your mother only held a visitor visa at the time of your birth then you will have no entitlement to British citizenship. If she still possess her old passports from that time I would check to make sure.

Ebilil

her old passport ,my passport and my birth certificate were stolen in transit some years back. So what you imply is that I can't come and live in the uk then turn to a citizen by naturalization after 5 years or more?what privileges do I have from someone who wasn't born there at all ?

BritInParis

You could come to the UK for five years and then apply for ILR and subsequently naturalisation but you would need a suitable visa to do so like any other Nigerian citizen. There’s no UK immigration advantage for being born in the UK to a visitor parent if you then returned to Nigeria with your parents. Birthright citizenship was abolished in the UK in 1983. If you need a replacement birth certificate and you were born in England or Wales then you can order one online from the General Register Office.

Ans504

SanDiegogirl

Sounds like you are already British by descent i.e your mother being born in the UK. (Getting US citizenship does not mean you lose your British citizenship) Presume your mother and grandparents have/had British passports?

Provide further details as to when and where mother born; when and where grandparents born.

When and where you were born?

Ans504

SanDiegogirl

When becoming an American citizen I have never heard of a Brit being asked to choose. If your mother has/had a British passport then all you need to do is apply for yours.

BritInParis

If your mother was born in the UK and you were born after 1983 in the US then you’re already a British citizen and just need to make a passport application. The ‘renunciation’ your mother made during her naturalisation ceremony has no effect under British nationality law.

https://www.gov.uk/overseas-passports