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Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7675
Experience:  UK Lawyer holding practising certficate for England & Wales.
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My husband is a Canadian citizen, born in Canada in 1926 to

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My husband is a Canadian citizen, born in Canada in 1926 to British parents. I am British. We married in 1990 and have lived together in France since 1991. My husband has held a residence permit for France (and thus the EU) since 1988. We are now contemplating moving from France to UK. My question is, does my husband have right of abode in UK or are we going to have to jump through a lot of hoops?
Thanks for your question.
Were your husband's parents both born in the UK?
Were your husband's parents married at the time of your husband's birth?
Kind regards
Customer: replied 2 years ago.

Yes to both questions - and apologies for the delay in replying but I had to be out for the rest of the day. Also he has pensions amounting to some £29,000 pa.

Thanks for your help.

Thanks. I should be able to answer at 9 a.m.
Kind regards
Customer: replied 2 years ago.

Many thanks. I have to go out around that time but look forward to your response.

Thank you for your question and patience, I’m Tom and I’ll try to help you.
If his parents were both born in the UK before 1983 and they were married before he was born then he should be able to apply for a UK passport. This is his father was a UK citizen otherwise than by descent and could pass on his UK citizenship to his legitimate children (the situation is different if only the mother was a UK citizen.
Therefore it is probable that he can apply for a UK passport at the moment I would consider doing this if the plan is to settle in the UK.
Additionally, I would also expect him to be regarded as a commonwealth citizen with a right of abode given that he was a commonwealth citizen on 31/12/1982 and his parent were born in the UK, but I would normally expect this to be show on his passport. This is having a right of abode via a “parental link”. If there is no right of abode stamped in his passport then he will need to apply to the British High COmmision for a certificate of entitlement to right of abode by proving his birth and his parents birth.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
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