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INC
INC, Solicitor-Advocate
Category: UK Immigration Law
Satisfied Customers: 11614
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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My father was a U.K resident from a commonwealth country for

Resolved Question:

My father was a U.K resident from a commonwealth country for more than ten years prior to 1973, does he qualify for anything than could help enable him to return to the U.K and if so, can this also help me stay in the U.K
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  INC replied 5 years ago.

Hi,

 

Did your father ever hold UK Nationality?

 

Many thanks,

Customer: replied 5 years ago.
No, my father didn't hold the U.K nationality. However,while i was going through the home office website on the right of abode there was specification for people whom stayed in the U.K prior to 1973. Do you know anything about such law.. Thanks for your reply
Expert:  INC replied 5 years ago.

Hi,

 

Section 2 of the 1971 Act, as amended by s.39(2) of the British Nationality Act 1981 (BNA 1981), defines the two categories of people who currently have the right of abode:

 

  • British citizens; and
  • Commonwealth citizens who had the right of abode before 1 January 1983 and who have not, since then, ceased to be Commonwealth citizens.

Thus, if your father was a commonwealth citizen before 1983 and did not cease to be a commonwealth citizen, he would ave the right of abode.

 

 

If you wish to discuss, please feel free to ask further questions.

 

Kind regards,

Customer: replied 5 years ago.
thanks for the information but what i need now is that, he moved back to Nigeria and hasnt been lived in the U.K till now apart from occassional visits.. does this affect him in any way?
Expert:  INC replied 5 years ago.

Hi,

 

No it does not affect the advice in any way whatsoever.

 

 

If you wish to discuss, please feel free to ask further questions.

 

Kind regards,

Customer: replied 5 years ago.
Thanks for the prompt response, lastly I would like to know; because I haven't been able to contact him due to him being in Malaysia I am not sure if he actually did posses any right of abode stamp on his passport while he was living in England. Does this affect him if he didn't have it then or does he staying here for more than 7years prior to 1983 automatically guarantee him to have the right of abode if he applies for it now?
Expert:  INC replied 5 years ago.

Hi,

 

This should not affect him. I would suggest you first try to find out before speculating.

 

 

If you wish to discuss, please feel free to ask further questions.

 

Kind regards,

Customer: replied 5 years ago.
i have asked and he said he did have one however what i would like to know is that, does this in anyway help me apply to be resident in the UK.
Expert:  INC replied 5 years ago.

Hi,

 

I am of the opinion that it does not.

 

I hope this answers your question. If so, kindly click accept.

 

Kind regards,

INC and other UK Immigration Law Specialists are ready to help you