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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
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Experience:  I am a qualified solicitor and an expert in UK law.
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hi I was born in Fiji in 1972 to a British father and Fijian

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hi I was born in Fiji in 1972 to a British father and Fijian mother however they did not marry till 1977 as My father was legally married to a British women but separated at the time. Can I qualify for right of abode ?
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

If you were born outside the United Kingdom before 1 January 1983, you became a British citizen if, immediately before that date, you were a citizen of the United Kingdom and Colonies and had the right of abode in the United Kingdom.

You may have had citizenship of the United Kingdom and Colonies by descent from a father who had that citizenship, or because you were registered or naturalised as a citizen of the United Kingdom and Colonies.

If you have a passport issued before 1 January 1983 that describes you as a citizen of the United Kingdom and Colonies on page 1, you will almost certainly have become a British citizen on 1 January 1983 as long as page 5 says 'Holder has the right of abode in the United Kingdom'.

However, if you had the right of abode because you were registered under the British Nationality (No2) Act 1964, you will not normally have become a British citizen on 1 January 1983 unless your mother became a British citizen then.

You may have had right of abode if:

• you were adopted, naturalised or registered as a citizen of the United Kingdom and Colonies in the United Kingdom (except in certain circumstances);

• you had been legally settled in the United Kingdom and ordinarily resident there for five years; or

• when you were born, you had a parent who was a citizen of the United Kingdom and Colonies because he/she was born, adopted, naturalised or registered in the United Kingdom (except in certain circumstances), or because one of your grandparents was

You are not a British citizen, you may still have the right of abode if, on 31 December 1982, you were:

• a Commonwealth citizen with a parent who, at the time of your birth or legal adoption, was a citizen of the United Kingdom and Colonies because they were born in the UK; or

• a female Commonwealth citizen who was, or had been, married to a man who had the right of abode. You must have been married to him before 1 January 1983.

Restrictions on claiming right of abode

If you were not a Commonwealth citizen on 31 December 1982, or you stopped being a Commonwealth citizen (even temporarily) at any time after that date, you will not have right of abode.
For example, citizens of South Africa and Pakistan do not have right of abode, because those countries left the Commonwealth before 1983 and joined it again afterwards.

If you gained the right of abode through marriage, you will not be given a certificate of entitlement to right of abode if another living wife or widow of the same man:

• is (or has been at any time since her marriage) in the UK, unless she entered the UK illegally, as a visitor, or with temporary permission to stay; or
• has been given a certificate of entitlement to right of abode or permission to enter the country because of her marriage.

What you may also try and do is apply for naturalisation as a british citizen if you do not meet the above requirements, asking the home office to exercise discretion ie grant you citizenship even though you do not meet the requirements, please see the following link:

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/nationalityinstructions/nichapter18/chapter18?view=Binary

I hope this clarifies the matter, I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards

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

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