Am I eligible for right of abode?

[us2uk]

I’m a US citizen, and don’t have any intention to emigrate but this has been a conversation in my family for years so I was hoping someone could shed some light.

Both of my parents were born in the UK, father in 1955 and mother in 1960. My mother was born to US parents while grandfather was stationed there with the US air force. My father was born to WW2 refugees legally residing in the UK (they were European but not UK citizens and both are deceased) . My father is a naturalized US citizen.


None of us are actually sure what either of their legal status is in the UK. My mom has said that, in the past (I’m talking 70s and 80s), when she had travelled to the UK her visa would state something to the effect of “indefinite stay and work permitted.” But, she has never taken any steps to secure her citizenship, it was an automatic thing based on her birth location. This wasn’t the case for my dad. I also understand that there was a massive change in UK immigration laws in the 80s, but I’m not sure if that would apply to them.


So, I have two parents that were born in the UK, and at some point in the past my mother was able to work in the UK by virtue of this. My dad has stated I could apply for “right of abode” to the UK if I wanted, but I also don’t know if he’s correct. So I was curious if anyone knows what their “most likely” status would be and how this would relate to me.




Thanks!

[newacct]

Anyone born in the UK before 1983 is a British citizen "by birth", regardless of the status of their parents (as long as their parents weren't foreign diplomats). (Technically, they were automatically CUKC (Citizen of the United Kingdom and Colonies) at birth, with automatic right of abode in the UK due to being born in the UK. When the British Nationality Act 1981 came into effect in 1983, CUKCs with right of abode in the UK automatically became "British citizens".) So your parents are both British citizens by birth. Their British citizenship could not be lost by naturalizing in a foreign country after 1949.

Assuming you were born outside the UK, you would automatically be a British citizen "by descent" at birth, because your parents were British citizens "otherwise than by descent" (e.g. by birth or by naturalization). This is automatic, and you do not need to have been "registered" with the British consulate or anything like that. (If you were born before 1983, your father needed to have been a British citizen "otherwise than by descent", though those born to British mothers can register now. If you were born after 1983, either parent being a British citizen "otherwise than by descent" is enough. In any case, both your parents were British citizens otherwise than descent, so it doesn't matter.)

So you are a British citizen now, and you can apply for a British passport at any time, without "applying" for anything else first. You would need to document your parents' births in the UK before 1983 as part of the passport application process.

[Kuppu]

Hello sir.
My father was citizen of united kingdom and colony citizen by registration certificate issued1955 in malayasia.my father was born in India 1935.my father was cukc at the time of my birth in India 1979.I eligible apply for right of abode please help me
By San

[Kuppu]

Reply me

[newacct]

Hello sir.
My father was citizen of united kingdom and colony citizen by registration certificate issued1955 in malayasia.my father was born in India 1935.my father was cukc at the time of my birth in India 1979.I eligible apply for right of abode please help me
By San

Generally, your father did not have right of abode in the UK if he was not born or naturalized in the UK. And any CUKC status he had in connection with a colony most likely ended when that colony became independent.

[Kuppu]

Dear sir
My father passport endorsement HOLDER IS SUBJECT TO CONTROL UNDER THE IMMIGRATION ACT 1971. This is right of abode endorsement.please reply me