A person with a Right of Abode in the UK can live and work freely here with no immigration restrictions. They do not need a visa to enter the UK, and there is no time limit on how long they can live here. Anyone already a British Citizen has a Right of Abode in the UK.
Children born overseas to a British parent are automatically British if the parent was born in the UK. You might think it would be a simple matter to apply for a British passport for these children, so they can come to their country. However, in practice, it can be a long-winded and confusing process.
His Majesty’s Passport Office asks for a range of documents to prove the relationship between parent and child. In some countries, those documents do not exist. Original documents may have to be sent from overseas to the British passport office. In addition, the passport office checks the records for fraud and conducts verification checks.
There is an alternative to applying for a British passport from overseas. It is possible to apply for a certificate which confirms that your child has a right of abode. It does not confirm that the child is British – just that they have a right of abode. This is called a Certificate of Entitlement (to a Right of Abode). The Certificate will allow your child to enter the UK with their country’s passport but without a visa.
You must prove that you are British and have the right to pass on your British citizenship. If you were born abroad to British parents, you may be unable to pass it on. If you were born in the UK after 1983, you will need to show that your parents were born in the UK. It is a good idea to check all this before applying for a Certificate of Entitlement. You must also show that you are the parent of your child. If you provide all the right evidence, your child should be issued with the Certificate and travel with you to the UK without problems.
Please contact our team if you would like to discuss the Certificate of Entitlement to the Right of Abode.