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Awan-Legal
Awan-Legal, Solicitor
Category: UK Immigration Law
Satisfied Customers: 128
Experience:  Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
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Hi, I hold both a South African and UK passport (by naturalization,

Resolved Question:

Hi,

I hold both a South African and UK passport (by naturalization, I was resident for 5 years on an ancestral visa). I'm am resident in SA, and am expecting our first child. Would our child be able to get a British passport? If not would he/she be eligible for an ancestral visa?

My wife only has a South African passport.

Thanks
Mike
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Awan-Legal replied 2 years ago.

Awan-Legal : Hi
Awan-Legal : As long as you hold a British passport, your son is eligible to apply for a certificate of entitlement and the right of abode as follows:
Awan-Legal : http://www.ukba.homeoffice.gov.uk/britishcitizenship/othernationality/Britishcitizenship/bornoverseas/
Awan-Legal : Right of abodeThis page explains who has the right to live permanently in the UK without any immigration restrictions. This is officially known as 'right of abode in the UK'. It means you do not need an immigration officer's permission to enter the country, and can live and work here without restriction.Who has the right of abode?All British citizens have the right of abode in the UK. To find out whether you are a British citizen, see the Who already has British citizenship? page.Some Commonwealth citizens also have the right of abode, but some others cannot claim the right of abode. For more information, see the Commonwealth citizens and the right of abode page.If you are not sure whether you have the right of abode, you can phone our nationality contact centre for advice.How to claim the right of abodeYou can use the following documents as evidence that you have the right of abode:a UK passport describing you as a British citizen or a British subject with the right of abode; ora UK identity card describing you as a British citizen or a British subject with the right of abode; ora certificate of entitlement to the right of abode in the UK, which has been issued by the UK government or on its behalf.You can find out how to obtain a UK passport on the Identity and Passport Service website.If you do not have a passport or identity card confirming your right of abode, you must apply for a certificate of entitlement in order to claim the right of abode.
Awan-Legal : The link for the above is http://www.ukba.homeoffice.gov.uk/britishcitizenship/right-of-abode/
Awan-Legal : Applying from outside the UKDepending on where you live, you may be able to apply online or you may need to print out application form VAF7 and complete it by hand - see 'More information' below.If you need to apply using application form VAF7, you can download it and the VAF Guidance document from the right side of this page. You must read the guidance document before you apply.The Supporting documents outside the UK page lists the documents that you should include with your application.To find out how to make your application in your country of residence, and the application fee in local currency, please use our country finder.
Awan-Legal : http://www.ukba.homeoffice.gov.uk/britishcitizenship/right-of-abode/certificate-entitlement/
Awan-Legal : It does not matter if you are a dual national so long as you have British nationality.
Awan-Legal : Please click accept on my answer, thanks.
Awan-Legal : Alternatively, your child can apply directly for a British passport as follows since he is automatically British as he is born to a parent who has British nationality otherwise than by descent (you were naturalised). The certificate of entitlement differs in that it will be endorsed in the child's south African passport but gives the same rights.
Awan-Legal : http://ukinsouthafrica.fco.gov.uk/en/help-for-british-nationals/apply-british-citizenship/
Awan-Legal : Please click accept on my answer, thanks.
Awan-Legal, Solicitor
Satisfied Customers: 128
Experience: Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
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