Application For Right Of Abode On Nigerian Passport

Can anyone advise if a British Citizen (Uk Passport Holder) with Nigerian passport can still apply for ROA on a Nigerian passport?

 A Certificate of Entitlement to right of abode in the UK is issued to Commonwealth passport holders to indicate that the holder is free from UK Immigration control and remains valid for the life of the passport. The holder has the right to live and work in the UK indefinitely.

People with British passports do not need a certificate of entitlement of ROA to prove that they have the right to live there. Hence, a British passport holder who has dual nationality in a Commonwealth country can apply for a ROA certificate to be endorsed in his other foreign passport.This rule has just been changed by the UK government and is still the subject of some Appeal court judgements.Note that these are Immigrations Rules and is quite different from the provisions of the Immigration Act. Rules are made by the Home Office and can be changed from time to time, depending on the political climate.

I personally sent my British passport with Nigerian passport to the Home Office to get a ROA vignette endorsed in my Nigerian passport without much ado. However, there has been a back-log of applications in the Home Office  and a shortage of certificates recently which has affected the outcome of some applications and made the Home Office to cchangethe rules.

In a letter dated 29 November 2006 the Home Office stated that at the moment they were short of ROA certificates and that they were going to use the ones they have for applicants  who cannot get any other document showing that they can enter and stay in the UK free from any immigration control.

In other words, the letter says that if you have made an application for a certificate of entitlement and the Home Office see that you are entitled to a British Passport (which would prove your right of abode just as well as a certificate), they will write and tell you so. In effect, your application for a certificate of entitlement will go to the back of the queue and the Home Office will suggest that you apply for a British passport if you need to travel.

Back to the main question: Who Qualifies ?

According to the Immigration Act

- Commonwealth citizens who are also British Citizens by their birth, adoption or registration in the United Kingdom.

- Commonwealth citizens who had the Right of Abode on 1.1.1983 and became British Citizens by virtue of five years continuous residence, free of conditions, in the United Kingdom prior to 1.1.1983

But according to the new Immigration rules British passport holders are not allowed to apply,they keep on changing.It may change again if the Conservative Party take over power. Note that the reasons given by the Home Office was because the ROA Certificates were in short supply as they were cutting costs amidst a tight budget (to please Gordon Brown,I presume). Its more of an Adminstrative curtail than a  fundamental change in  Immigration policy

@ londoncool

Please help me dissect  the attached zipped form or you can

 use the link to get to the form from my previous post.

cheers!

Thanks Londoncool, She actually has a UK Passport through birth, so we need to see what happens next if we do challenge it or wait till her UK passport expires and then see if she can apply for ROA on her Nigerian P.

Another reason I opted for ROA on my Nigeria P  at the time is so I could have  a 2yr B1/B2 US Visa on my Nigeria P which I then use to obtain a US licence and SS which made it easier for me to do business /Investing over there without too many obstacles.

Thanks once again

Na so we see am oh