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My mother was born in St Lucia in 1942 and holds a current…

My mother was born in...
My mother was born in St Lucia in 1942 and holds a current St Lucian passport. Prior to independence in 1979 she held a UK and Colonies passport in which was stamped "Right of Abode" for the UK. Unfortunately she no longer has this old passport. She left St Lucia in 1963 and lived in what was then British Honduras and had a passport from there too. She has lived in the US as a resident alien since 1973 (her husband, my late father was a Canadian).

Does she still have right of abode in the UK?
How does she get this evidenced today?
As her son born in America in 1977 am I eligible to apply for UK citizenship?

Thank you.
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Answered in 16 minutes by:
7/1/2012
UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Law
Satisfied Customers: 2,458
Experience: I am a qualified solicitor and an expert in UK law.
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Hi thank you for your question. Please remember to rate my answer 3 STARS OR ABOVE so that I am credited for my time.

Your mother will need to firstly apply for a certificate of entitlement, which will confirm her right of abode. Please see following link on how to apply for a certificate of entitlement :

http://www.ukba.homeoffice.gov.uk/britishcitizenship/right-of-abode/documents-abroad/

You will have to apply for nationality under your own right and not of your parent.

I hope this answers your question if so kindly leave positive feedback so I can get credited for my time.

Kind regards

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Customer reply replied 5 years ago
Hi Thank you for responding.

Please clarify:

Does she still have right of abode in the UK?

Are you saying that she is not a UK citizen for the purpose of me obtaining UK citizenship by decent?

Many thanks
Regards
Thank you for your reply.

Please clarify the following :

1. On what basis did your mother obtain a right of abode stamp?
2. What passport did she hold at the time?

Kind regards
Ask Your Own UK Law Question
Customer reply replied 5 years ago
The Passport was a black "British Passport" with the crest and below "St Lucia". (I have been able to ask my sister's brother who has lived in the UK since the 1960's and entered on the same passport as my mother had. He says that the right of abode was in the passport when it was issued.)
Thank you for your reply.

Having looked into your specific situation it would seem that your mother would not have a right to abode or British citizenship. Once st Lucia become independent all nationals on the country lost their citizenship bar a few countries. Therefore if your mother did not exercise her right prior to gaining independence then that right for her is lost.

You are free to apply to apply for a certificate of entitlement to establish your mothers right of abode but this is likely to fail.

I'm sorry if this is not what you wanted to hear.

I hope this answers your question if so kindly leave positive feedback so I can get credited for my time.

Kind regards
UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Law
Satisfied Customers: 2,458
Experience: I am a qualified solicitor and an expert in UK law.
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