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Posted
How do I prove that I have the right of abode?

You must produce either:

a United Kingdom passport describing you as a British citizen or as a citizen of the United Kingdom and Colonies who has the right of abode,

or

a certificate of entitlement showing that you have the right of abode

And how do you qualify for a cert. of entitlement? By producing either a Britsh passport or other evidence that you are British; e.g. relevant birth/marriage certificates. It is possible to obtain a cert. of entitlement without having ever held a British passport.

The relevant embassy link.

Wherein it does indeed say:

How do I prove that I have the right of abode?

You must produce either:

    * a United Kingdom passport describing you as a British citizen or as a citizen of the United Kingdom and Colonies who has the right of abode, or

    * a certificate of entitlement showing that you have the right of abode

Back to questions

Thus, while once it was possible to obtain a certificate of entitlement without previously have had one or having had a British passport, now the only way to obtain your first certicate of entitlement is to have had a British passport!

The guidance seems to be internally inconsistent - but then it's only a guide. The only way of resolving the issue is the diplomatic procedures. Turning to Diplomatic Service Procedures: Entry Clearance Volume 1: General Instructions: Chapter 3, I find:

3.3 - Proof of Right of Abode

Under Section 3(9) of the 1971 Act, as amended by the Immigration Act 1988, a person claiming right of abode in the UK must prove it by presenting either:

    * a British citizen passport; or

    * a passport endorsed with a Certificate of Entitlement (see following sections for details).

This requirement supersedes earlier legislation which allowed the production of other documentation in some cases.

Posted
Have just discovered this thread and from the above I understand that my wife with both British and Thai passports can travel with both - however what other documents would she need to present if the Thai passport is in her Thai name and the British is in her married name? Is this a case of changing the name in her Thai passport? Which name should we book her airticket in to make life easy at Don Muang?  Any advice would be much appreciated![/code]

From my personal experience, changing her neam in her current passport was the best solution. Everyome had the same name on passports and plane tickets. it only cost about Bt100 for the endorsement.

However, bear in mind that it also involves changing her ID card prior to the passport change and this can lead to other problems later. Mine started when she sold her old farm and bought a new one. the local Amphur wanted all sorts of signed papaerwork from me stating it was her money, etc....... it all stemmed from her having a falang surname now. Just weigh up the pro's and cons and make an informed decision.

Posted
Have just discovered this thread and from the above I understand that my wife with both British and Thai passports can travel with both - however what other documents would she need to present if the Thai passport is in her Thai name and the British is in her married name? Is this a case of changing the name in her Thai passport? Which name should we book her airticket in to make life easy at Don Muang?  Any advice would be much appreciated![/code]

From my personal experience, changing her neam in her current passport was the best solution. Everyome had the same name on passports and plane tickets. it only cost about Bt100 for the endorsement.

However, bear in mind that it also involves changing her ID card prior to the passport change and this can lead to other problems later. Mine started when she sold her old farm and bought a new one. the local Amphur wanted all sorts of signed papaerwork from me stating it was her money, etc....... it all stemmed from her having a falang surname now. Just weigh up the pro's and cons and make an informed decision.

And that informed decision will prove that it makes no difference.

Posted
How do I prove that I have the right of abode?

You must produce either:

a United Kingdom passport describing you as a British citizen or as a citizen of the United Kingdom and Colonies who has the right of abode,

or

a certificate of entitlement showing that you have the right of abode

And how do you qualify for a cert. of entitlement? By producing either a Britsh passport or other evidence that you are British; e.g. relevant birth/marriage certificates. It is possible to obtain a cert. of entitlement without having ever held a British passport.

The relevant embassy link.

Wherein it does indeed say:

How do I prove that I have the right of abode?

You must produce either:

    * a United Kingdom passport describing you as a British citizen or as a citizen of the United Kingdom and Colonies who has the right of abode, or

    * a certificate of entitlement showing that you have the right of abode

Back to questions

Thus, while once it was possible to obtain a certificate of entitlement without previously have had one or having had a British passport, now the only way to obtain your first certicate of entitlement is to have had a British passport!

The guidance seems to be internally inconsistent - but then it's only a guide. The only way of resolving the issue is the diplomatic procedures. Turning to Diplomatic Service Procedures: Entry Clearance Volume 1: General Instructions: Chapter 3, I find:

3.3 - Proof of Right of Abode

Under Section 3(9) of the 1971 Act, as amended by the Immigration Act 1988, a person claiming right of abode in the UK must prove it by presenting either:

    * a British citizen passport; or

    * a passport endorsed with a Certificate of Entitlement (see following sections for details).

This requirement supersedes earlier legislation which allowed the production of other documentation in some cases.

There are 2 different issues here: proof of the right of abode and the documents needed to obtain that proof. Yes, the acceptable proof is either a British passport or a certificate of entitlement. However, to obtain the certificate of entitlement it is not necessary to have a British passport. It can be obtained on the basis of the documents that I previously described. Upon production of the documents an applicant will have a certificate of entitlement placed in their non-British passport which is then acceptable proof to the immigration officer that they have the right of abode in the UK.

If it were necessary to have a British passport in order to obtain a certificate of entitlement then people bearing a passport of a country which does not recognise dual citizenship but who are also British citizens would not be able to get one.

Scouse.

Posted
Have just discovered this thread and from the above I understand that my wife with both British and Thai passports can travel with both - however what other documents would she need to present if the Thai passport is in her Thai name and the British is in her married name? Is this a case of changing the name in her Thai passport? Which name should we book her airticket in to make life easy at Don Muang?  Any advice would be much appreciated![/code]

From my personal experience, changing her neam in her current passport was the best solution. Everyome had the same name on passports and plane tickets. it only cost about Bt100 for the endorsement.

However, bear in mind that it also involves changing her ID card prior to the passport change and this can lead to other problems later. Mine started when she sold her old farm and bought a new one. the local Amphur wanted all sorts of signed papaerwork from me stating it was her money, etc....... it all stemmed from her having a falang surname now. Just weigh up the pro's and cons and make an informed decision.

Actually - that requirement is for any Thai woman married to a foreign husband - so they should have got you to sign even before she changed her surname.

Anyway - I've signed myself - it's hardly onerous, sign at a couple of Xs at the Amphur... - how often does your wife buy property?

Posted
Have just discovered this thread and from the above I understand that my wife with both British and Thai passports can travel with both - however what other documents would she need to present if the Thai passport is in her Thai name and the British is in her married name? Is this a case of changing the name in her Thai passport? Which name should we book her airticket in to make life easy at Don Muang?  Any advice would be much appreciated![/code]

From my personal experience, changing her neam in her current passport was the best solution. Everyome had the same name on passports and plane tickets. it only cost about Bt100 for the endorsement.

However, bear in mind that it also involves changing her ID card prior to the passport change and this can lead to other problems later. Mine started when she sold her old farm and bought a new one. the local Amphur wanted all sorts of signed papaerwork from me stating it was her money, etc....... it all stemmed from her having a falang surname now. Just weigh up the pro's and cons and make an informed decision.

Actually - that requirement is for any Thai woman married to a foreign husband - so they should have got you to sign even before she changed her surname.

Anyway - I've signed myself - it's hardly onerous, sign at a couple of Xs at the Amphur... - how often does your wife buy property?

Posted
Have just discovered this thread and from the above I understand that my wife with both British and Thai passports can travel with both - however what other documents would she need to present if the Thai passport is in her Thai name and the British is in her married name? Is this a case of changing the name in her Thai passport? Which name should we book her airticket in to make life easy at Don Muang?  Any advice would be much appreciated![/code]

From my personal experience, changing her neam in her current passport was the best solution. Everyome had the same name on passports and plane tickets. it only cost about Bt100 for the endorsement.

However, bear in mind that it also involves changing her ID card prior to the passport change and this can lead to other problems later. Mine started when she sold her old farm and bought a new one. the local Amphur wanted all sorts of signed papaerwork from me stating it was her money, etc....... it all stemmed from her having a falang surname now. Just weigh up the pro's and cons and make an informed decision.

And that informed decision will prove that it makes no difference.

I do not agree Dr PP. If the circumstances are to make travelling easier, then getting the name change may help. I am still curiuos as to why the initial poster had to prove the childs birth details. Maybe it is just one of those unfortunate things that happen here (well there atthe moment). :o

  • 3 weeks later...
Posted

good topic,just thinking of applying for british passport for my son,[two years and living in thailand]he has a thai passport and i was'nt sure if he could have both,thanks

Posted
Have just discovered this thread and from the above I understand that my wife with both British and Thai passports can travel with both - however what other documents would she need to present if the Thai passport is in her Thai name and the British is in her married name? Is this a case of changing the name in her Thai passport? Which name should we book her airticket in to make life easy at Don Muang?  Any advice would be much appreciated![/code]

From my personal experience, changing her neam in her current passport was the best solution. Everyome had the same name on passports and plane tickets. it only cost about Bt100 for the endorsement.

However, bear in mind that it also involves changing her ID card prior to the passport change and this can lead to other problems later. Mine started when she sold her old farm and bought a new one. the local Amphur wanted all sorts of signed papaerwork from me stating it was her money, etc....... it all stemmed from her having a falang surname now. Just weigh up the pro's and cons and make an informed decision.

And that informed decision will prove that it makes no difference.

I do not agree Dr PP. If the circumstances are to make travelling easier, then getting the name change may help. I am still curiuos as to why the initial poster had to prove the childs birth details. Maybe it is just one of those unfortunate things that happen here (well there atthe moment). :o

Immigration are picky if any child born in Thailand departs the country.

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