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frantzgregory
frantzgregory, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 501
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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I am seeking for a advice, my father was a British citizen

Customer Question

Hi there !!
I am seeking for a advice , my father was a British citizen by naturalization, he passed away 23 years before. I got the Certificate of Entitlement Right of Abode already. I am in UK now , do am I eligible for the British passport?
Submitted: 3 months ago.
Category: Immigration Law
Expert:  frantzgregory replied 3 months ago.

Hello

You should be eligible to apply where you have had a lawful residence of 5 years or more and you have been freedom from immigration time restrictions.

Customer: replied 3 months ago.
The certificate which is pasted in my forign passport it's says life time . I have full rights to go and come UK without any restrictions. Its doesn't mention that i have to spend 5 years to be free from Immegration time . Right of Abode is a Kind of citizenship . If I spend 5 years i can get the citizenship by naturalization, where i am already having a citizenship by father on decent way .
My question is do i can apply for UK passport on base of my Right of Abode certificate ?
Expert:  frantzgregory replied 3 months ago.

A certificate of entitlement does not make to a British citizen. If you want to become British you must be lawfully resident for at least 5 years. You must first apply for British citizenship before you can apply for a passport. A certificate of entitlement is exactly what it says in your passport.

Customer: replied 3 months ago.
I applied for the passport already, the HM office doesn't refuse it yet only they ask me to send some additional documents which I did already. Please find the attached file also as what they wanted and let me know your advice please.
Expert:  frantzgregory replied 3 months ago.

I have had sight of your letter.

A certificate of entitlement does not make you a British citizen but you may already be a British citizen through your father and that is why they are asking for information in relation to your father. The answer I gave was on the basis you have right of abode for 5 years without considering the option through your father. I cannot give advice on whether you are British through your father on Justanswer as you would need to seek legal advice for that query.

Customer: replied 3 months ago.
I get as what you said . I am a British by birth from my father, due to i was born outside the UK and after long time i get the right of through my father.
So overall story could you advise me as per your experience that i can get the passport or not ?
Expert:  frantzgregory replied 3 months ago.

Please read my previous answer carefully. You already have an application pending from HM Passport, I suggest you wait for their decision.