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Discussion Starter · #1 ·
hope I am in right place I am looking for help I am from Zimbabwe and moved to the uk in 2001 with a right of abode visa which I got through my mother being born in the uk , in 2005 my passport expired however the Zimbabwe passport office said I would have to go to Zimbabwe and renounce my mothers citizenship to uk befor they would issue a new passport which I would not do . I called the uk home office and they said it ok as I have right of abode so I could stay in uk , however in feb this year I got a letter for the border agencies saying I cant work and have to leave the country , I have appealed against this but have been told it could take up to 2 years as have backlog but I cant work until it sorted , were do I stand ? and what can I do ?
 

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What seemed to have happened is when your Zimbabwean passport expired in 2005, your right of abode endorsement died as well. So in order to maintain your ROA status, you had to apply for a new endorsement called the certificate of entitlement to right of abode with your new passport. As you didn't get a new passport, and your certificate of entitlement has expired, you can no longer remain in UK.

I can see two options. Either to get a new Zimbabwean passport and apply for certificate of entitlement to right of abode, or just apply for British passport. You will probably have to get the same documents that you used to get the right of abode, such as your mother's birth certificate, your birth certificate and possibly her marriage certificate.

If you can give us further details of your immigration history and your contact with Home Office, let us know.
 

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Discussion Starter · #3 ·
Thanks for the reply Joppa
Is that the only 2 options I have got , if I get a new Zimbabwe passport I would have to go back to Zimbabwe and renounce my mothers rights to the uk which would mean I would not have any right to roa and at this point in time I am unable to apply for british citizenship as I have not been able to work or do anything since feb I have had to use what little money I had to survive.

I have not got a contact name at the border agency I just replied by email through ukba status validation explaining the same as what I have told you and they asked me to e mail copies of my expired passport and roa endorsement back to them and they will look at it , which I did
 

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What is your status? If your mother was born in UK and you were born outside UK after 1983, you are automatically British by descent so you are entitled to British passport (you don't need to be naturalised and you don't have to be in work or have savings).
You have to tell us exactly the circumstances of your mother's birth, her parentage, where you were born and your immigration history in UK to advise you further.
 

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Discussion Starter · #5 ·
Sorry Joppa one other question would I have to apply for british citizenship befor I could apply for british passport ?
 

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Discussion Starter · #6 ·
ok thank you, if you could give me a bit of time I will get all the documents and forward all the information to you as soon as possible
thank you
 

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Entitlement to British citizenship is a hugely complex affair and it's best not to assume anything until you lay hands on all relevant documents.
 

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Discussion Starter · #8 ·
Hi Joppa, thanks for your help so far. My record is as follows...

I was born in Rhodesia in 1968 to a British born mother and South African born father. Both of my mothers parents were born in the UK. I went to the UK for two months in 2000 and then moved over in 2001 with my now ex wife and two children who have British passports through their mother.

I have two sisters living in UK and no family back in Zimbabwe.

In 2005 my Zimbabwe passport expired and I was told by the Zimbabwe embassy in London that I would have to go back to renew it and renounce my mothers citizenship (now deceased) in order to get a new Zimbabwe passport which would deny me any futher right to UK. One phoning the UKBA they said that would be ok as I have right of abode. In February I got a letter from them saying because my passport had expired therefore so had my right of abode and I would not be able to work any further until the issue was resolved.

The UKBA said I should leave within 28 days of the letter in February but because I appealed to them they asked me for copies of my passport and ROA visa which I sent via email. I have heard nothing since.
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On reading this would you say I qualify to apply for citizenship using UKM form? I have all of my mothers documents to support this.

Thanking you in advance
 

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After a quick look at your facts, I think you need to either register as British citizen by descent by completing form UKM but no fees other than £80 for citizenship ceremony (Section 4C registration), or you can be naturalised as British otherwise than by descent (so can transmit your nationality to any children you may have born outside UK) but you have to pay the full fees of £874. Or you can simply retain your ROA stratus, for which you require a valid passport.

I am no expert on Zimbabwean nationality law, but I know dual nationality is generally banned and in order to confirm your Zimbabwean nationality, you must renounce any foreign citizenship. But until you register or are naturalised, you aren't a British citizen so you have no nationality to renounce. The fact you are entitled to British citizenship by registration or naturalisation shouldn't prevent your getting a new passport - that's how I look at it and I believe there is a recent legal precedence. But before you do anything, consult a legal advisor familiar with Zimbabwean law.

So unless you want to retain your Zimbabwean nationality, the simplest seems to be to register or be naturalised as British. But get professional advice first before you take an irrevocable step.
 

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Discussion Starter · #10 ·
Thank you so much Joppa that is a great help I will look at the options and see which way I will go down

once again thank you so much for your help
 
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