How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask UK_Lawyer Your Own Question

UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2041
Experience:  I am a qualified solicitor and an expert in UK law.
Type Your UK Immigration Law Question Here...
UK_Lawyer is online now
A new question is answered every 9 seconds

hi I was born in Fiji in 1972 to a British father and Fijian

Resolved Question:

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 ?
Submitted: 10 months ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 10 months ago.
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, Solicitor
Satisfied Customers: 2041
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and 2 other UK Immigration Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
< Last | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    793
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    782
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/AMARHAYAT/2009-12-11_31638_phpZxJuBB_c2PM.jpg A Hayat's Avatar

    A Hayat

    Immigration Solicitor

    Satisfied Customers:

    205
    13 years specialist skill in UK Immigration & Nationality Law
  • http://ww2.justanswer.com/uploads/paulrichmond1/2010-05-29_112318_PaulRichmond.jpg Paul Richmond's Avatar

    Paul Richmond

    Barrister

    Satisfied Customers:

    114
    LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
  • http://ww2.justanswer.com/uploads/AW/AwanLegal/2011-6-16_113818_DSC00284.64x64.JPG Awan-Legal's Avatar

    Awan-Legal

    Solicitor

    Satisfied Customers:

    95
    Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
  • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg John Knox's Avatar

    John Knox

    Solicitor

    Satisfied Customers:

    19
    solicitor with 8 years experience