Follow this request
There are 5 people following this request
Act on what you've learnt
Similar requests
Right of Abode Rights
To Home Office by J Mortoza 5 September 2010
Expired Passport
To UK Border Agency by J Mortoza 6 August 2010
Wrongful use of Law
To Parliamentary and Health Service Ombudsman by J Mortoza 19 August 2010
no other nationality-FOI
To UK Border Agency by Mohamed Ajim 7 February 2011
Request to clarify
To Home Office by Mohamed Ajim 21 February 2011
Expired Passport
To UK Border Agency by J Mortoza 14 August 2010
Right of Abode
To Home Office by J Mortoza 9 August 2010
Expired Passport
To Home Office by J Mortoza 6 September 2010
UK passports
To Home Office by David 15 December 2010
minutes of the MOD/UKBA working group meetings
To UK Border Agency by Katherine Houlston 11 November 2010
Right Of Abode Rights In the UK
J Mortoza made this Freedom of Information request to UK Border Agency
The request was partially successful.
From: J Mortoza
19 March 2010
Dear UK Border Agency,
Thank you for the standard information, however my questions are
not really covered by the standard questions.
So if you do not mind I am going to ask the following specific
questions which I hope you can answer for me please
So I would like to rephase the questions and would like a careful
thought out set of answers to these please.
1. What is the Right of Abode
2. What is ILR and ILE
3. Does Right of Abode expire if the passport expires
4. Does a persons right to work in the UK cease if the passport
containing the right of abode is in an expired passport ?
5. Will presenting a new valid passport make a difference ?
6. Why do people with ILR and ILE are treated more specially then
those who have the right of abod.
7. Can UK Help line staff give out advice telling employers to not
employ a person who has the right of abode ?
8. Is this a form of discrimination as Right of Abode persons under
the law are to be treated with the same rights as British Citizens
have ?
9. Why do the nationality department have to recheck the same birth
certificate and mothers birth certificate in order to reissue a new
ROA when a existing one should be enough as evidence of the right
weather in a expired passport or not.
10. Is this a way in which to generate revenue for the department
and hold ROA holders as captive economic hostages to pay a levy to
enable their rights ?
Your answers will be very useful to have
An exact set of replies by your department will be greatly
appreciated as it will help resolve my rights and the confusion
across the UKBA departments about us older persons who are of mixed
descent and have right of abode.
Yours faithfully,
J Mortoza
From: Freedom Of Information Team ( IND )
UK Border Agency
22 March 2010
Dear J Mortoza
Re: Right of Abode Rights in the UK (31149)
FOI 14421
Thank you for your recent e-mail concerning the above matter. Your
request is being dealt with under the terms of the Freedom of
Information Act 2000 and we will respond shortly.
Kind Regards
UKBA
FOI Team
show quoted sections
From: Whitehead, Jane
23 March 2010
Dear Mr Mortoza,
Thank you for your e-mail, in which you asked about right of abode in
the United Kingdom.
1. The right of abode is a statutory right which a person either has or
does not have, depending on whether the conditions in section 2 of the
Immigration Act 1971 (as amended by section 39(2) of the British
Nationality Act 1981 ) are satisfied.
Persons with the right of abode in the United Kingdom are exempt from
immigration control by virtue of the Immigration Act 1971.
Right of abode is held by:
a) British citizens
b) Commonwealth citizens who had right of abode immediately before 1
January 1983 and have not ceased to be Commonwealth citizens at any
time. These were:
i. A Commonwealth citizen with a parent or adoptive parent who, at the
time of the person's birth or adoption, was a CUKC by birth in the
United Kingdom
ii. A female Commonwealth citizen who is, or has been, married to a man
with right of abode at any time before 31 December 1982.
2. Indefinite leave to remain (often known as ILR) is permission to stay
permanently (settle) in the United Kingdom, free from immigration
control. ILE is indefinite leave, but given at the port on entry to the
United Kingdom. ILR and ILE can be lost if a person is outside the UK
for more than 2 years.
3. The right of abode is something that a person holds indefinitely,
irrespective of the validity of a passport. However, the evidence of
right of abode, such as a British citizen passport or certificate of
entitlement in a foreign passport, may have limited validity. A
certificate of entitlement to the right of abode, for example, ceases to
have effect when the passport in which it has been fixed ceases to have
effect. (This is specified in the Immigration (Certificate of
Entitlement to the Right of Abode in the United Kingdom) Regulations
2006.)
4. A person's right to work in the UK does not cease if their passport
containing the right of abode expires, but they would no longer have any
evidence of that right.
5. In such cases an application can be made for a new certificate of
entitlement to be placed in a current passport.
6. I am not sure in what way those with ILR and ILE are treated more
specially than those with the right of abode.
7. Guidance is available to employers as to who is eligible to work in
the United Kingdom. As those with the right of abode are able to work
here, UKBA staff would not advise employers otherwise.
8. See above - I am not aware that those with the right of abode are
discriminated against.
9. The Immigration (Certificate of Entitlement to the Right of Abode in
the United Kingdom) Regulations 2006 specify that applications must be
accompanied by the applicant's own valid passport or travel document, 2
photographs of the applicant taken no more than 6 months prior to the
date of the application, and the relevant supporting documentation to
establish a claim to the right of abode. This means, as you state, that
the original documents required to establish the right of abode have to
be produced for each application.
10. The reason why documents have to be provided for each application is
to prevent fraud, by establishing that the person applying has a claim
to the right of abode. Prevention of fraud was also a reason why a link
was set out in law between the validity of a certificate of entitlement
and the validity of the passport or travel document in which it was
placed. A time limit on certificate validity means that the holder has
to apply for a replacement on the expiry of the original, at which point
a further check on eligibility can be made. If a certificate of
entitlement continued to be valid once the passport in which it was held
had expired, this would increase the likelihood of it being sold on and
put to fraudulent use.
I hope this clarifies the position.
Yours sincerely,
Jane Whitehead
Jane Whitehead
Policy Manager
Nationality Policy Team
North West Region
UK Border Agency
show quoted sections
From: J Mortoza
23 March 2010
Dear Whitehead, Jane,
With regards to ILR/ILE persons being treated differently. ILR/ILE
persons can have an expired passport along with a new one to prove
their claims however right of abode persons cannot prove their
claim if the certificate is in an expired passport. I have seen
letters and statements stating this however right of abode persons
are not.
With regards to fraud as the reason why reapplications have to be
made, I do not see why an electronic or photo copy cannot be used
for birth certificates as these are all that is verified each time
and also why new photos and fingerprints have to be provided each
time contrary to the law which states biometrics should not be
collected from persons with right of abode.
With regards to advise being given out you state the helpline would
not, however there are two instances one of which I have complained
about that a staff member has been giving out advise stating that
right of abode persons if their certificate is in an expired
passport should not be employed and currently have taken this up in
as an Employment Tribunal Case as the agency that was about to
recruit me also stated this about the UKBA Helpline.
The Illegal Working Unit - Ms. Mansell stated that such advice was
correct and I have logged a complaint which has not been answered
as the case has gone to various departments. Hence my complaint to
the FOI and also the Nationality Department.
Why is the following advice also on the UKBA web site at Is it
possible to transfer a visa from an expired passport
"This is not necessary and will attract a fee. Instead you should
travel with both passports which should be shown to an Immigration
Officer on arrival in the UK. "
Under the case worked legal guidance also on the UKBA web site the
following is stated
"3.2. Procedure
When a passenger presents a valid document as noted at paragraph 3
(above) he should, subject to paragraph 2, be accepted immediately
as being exempt from control
unless the immigration officer has reason to believe or suspect
that the passport has been forged or falsified or was improperly
obtained. The fact that a passport is out of
date does not in itself render it invalid as evidence of
nationality and identity, but this fact may justify the immigration
officer in continuing his examination until he is
satisfied on these points. Note that it is for the Immigration
Officer to prove fraud, not for the passenger to disprove it."
Why is it the UKBA helpline disregards this and has singled out ROA
persons even though they should be treated the same as British.
If a British Citizens can use an expired passport to prove their id
and on going right to the work why is not the same accorded to ROA
holders since Part 1 Paragraph 2 of the 1971 Act states that such
persons are to be treated the same as if they were British Citizens
Finally why when the law has changed allowing registration as
British been implemented finally for those born before 1961 to be
finally registered as British, just the oppposite action is being
achived by insisting on renewal of the certficate by making the
proof of it expire !
What is the policy of the UKBA overall towards those with the Right
of Abode who are after all the children of British Citizens to be
treated like they had to overcome all these hurdles even though
they have statutory rights.
Sincerely
A J MORTOZA
Yours sincerely,
J Mortoza
From: Whitehead, Jane
23 March 2010
I am out of the office until Thursday 25 March.
If your query is urgent please contact Jonathan Devereux.
Thanks
Jane
show quoted sections
J Mortoza left an annotation (23 March 2010)
With regards to Question 4
You state that the evidence will cease to exist to prove the right to work. Firstly I find that section on the proof of right in the 2006 act which amends the 1971 act states the following
Under section 3(9) of the 1971 Act, as amended by the Immigration, Asylum and Nationality Act 2006, a person claiming the right of abode in the UK can prove it by presenting either:
a UK passport or an ID Card issued under the Identity Cards Act 2006 describing them as a British citizen; or
a UK passport or an ID Card issued under the Identity Cards Act 2006 describing them as a British subject with the right of abode in the UK; or
a certificate of entitlement to the right of abode.
There is no mention that this has to be in a valid passport
There is also case law similar to the affect as what decisions apply to British Citizens also able to those with right of abode and vice versa
The following was stated by Mr Justice Sedley in Regina v Secretary of State for the Home Department, ex parte Obi; Queen's Bench Division Crown Office List (Mr Justice Sedley) 18 April 1997.
Mr Justice Sedley said that the principal question to be decided was one of pure law: was it for the Home Secretary to satisfy the court that the applicant was an illegal entrant, or for the applicant to satisfy the court that he was not?
"Section 33(1) of the Immigration Act 1971 provided that an illegal entrant was a person who unlawfully entered, sought to enter or had entered the United Kingdom in breach of immigration laws. A person with the right of abode in the United Kingdom was not an illegal entrant. Section 3(8) of the 1971 Act provided that it was for a person asserting that he was a British citizen to prove that he was, and by section 3(9) a person claiming to have the right of abode should prove it "by means of . . . (a) a United Kingdom passport describing him as a British citizen . (b) A certificate of entitlement to the right of abode..."
In the factual situation described, his Lordship had reached the conclusion that no such further burden rested upon an entrant. He remained open to all the sanctions of the law if it could be proved that he had secured the passport by fraud. Until that point was reached, however, the production of a genuine passport which described as a British citizen a person who was undoubtedly the person seeking to enter, discharged the burden of proof of British citizenship established by section 3(8).
Finally what impact assesment study was made with regards to the negative resolution in preventing discrimination of such persons and why have not UKBA taken care in its duty under the race relations act and human rights acts to make clear the provisions of the right to work is not affected by requirment to renewal
The certificate states valid for presentation in a UK Port so does the expiry only apply to travel purposes ??
Thanks I would really appreciate a detailed response to these as I do not feel care has been taken by the UKBA staff in managing to indirectly control ROA persons despite legislation to the contrary!
From: J Mortoza
23 March 2010
Dear Whitehead, Jane,
I had one more question.
Is it mandatory by law to renew the right of abode certificate into
new passport ?
What will the UKBA do if staff are givig out advice not to employ
persons who have the right of abode?
Yours sincerely,
J Mortoza
From: J Mortoza
23 March 2010
Dear Whitehead, Jane,
5. In such cases an application can be made for a new certificate
of
entitlement to be placed in a current passport. Item 5 circumvates
the question made specifically as I find documents that state this
to be the case for those holding ILR or Residency Status. A letter
from the under home secretary was written to Baroness Gardner of
Parkes and forwarded to me. The following is stated
In it it states the following
"You can choose not to have the residence permit transferred to
your new passport. In that case you should carry both your old
passport and your new passport when you travel to the United
Kingdom, as evidence of your resident status. If you cannot produce
your original permit, you may not be allowed to enter the country"
I am pretty sure this statement should apply equally to those who
hold right of abode, but I find if it does not then ILR/ILE persons
who are subject to immigration control are being treated specially
differently from ROA persons and also ROA persons are not being
treated in the same way as British Citizens are according to 1971
act Part 1 Paragraph 2 which states the following:-
" In relation to Commonwealth citizens who have the right of abode
in the UK by virtue of subsection (1)(b) above, this Act, except
this section and section 5(2), shall apply as if they were British
citizens; and in this Act (except as aforesaid) "British citizen"
shall be construed accordingly"
So again I put the question why have regulations been devised to
force payment of fees ? by denying the right to work because a
passport has expired
Also why has the following case law been ignored in this context.
The law states the following in the 2006 act
The following was stated by Mr Justice Sedley in Regina v Secretary
of State for the Home Department, ex parte Obi; Queen's Bench
Division Crown Office List (Mr Justice Sedley) 18 April 1997.
Mr Justice Sedley said that the principal question to be decided
was one of pure law: was it for the Home Secretary to satisfy the
court that the applicant was an illegal entrant, or for the
applicant to satisfy the court that he was not?
"Section 33(1) of the Immigration Act 1971 provided that an illegal
entrant was a person who unlawfully entered, sought to enter or had
entered the United Kingdom in breach of immigration laws. A person
with the right of abode in the United Kingdom was not an illegal
entrant. Section 3(8) of the 1971 Act provided that it was for a
person asserting that he was a British citizen to prove that he
was, and by section 3(9) a person claiming to have the right of
abode should prove it "by means of . . . (a) a United Kingdom
passport describing him as a British citizen . (b) A certificate of
entitlement to the right of abode..."
In the factual situation described, his Lordship had reached the
conclusion that no such further burden rested upon an entrant. He
remained open to all the sanctions of the law if it could be proved
that he had secured the passport by fraud. Until that point was
reached, however, the production of a genuine passport which
described as a British citizen a person who was undoubtedly the
person seeking to enter, discharged the burden of proof of British
citizenship established by section 3(8). "
Also please clarify why the right of abode sticker which says valid
for presentation at a uk port ie travel purposes expire - although
we find evidence to the contrary, and why has not any means testing
been put in place for those ROA holders who may be unfortunate
enough to be unemployed or on benefits due to illness ?
In what way will this ease discriminating for those who have the
right of abode based on their nationality ?
How come an employment agency is stating that the UK help line
advised them not to employ persons because ROA was in an expired
passport even though a new passport was presented along with it to
prove id and that there was an ongoing right to work.
Your clear and helpful answers will help clear up what I think has
been a grave injustice been done to me as a person with the right
of abode. I have younger sisters who were automatically British and
the ROA I was always told when at 16 I was first given a
certificate of partiality was for life and that nobody could take
this away from me and while I lived in England which I have blood
ties with that I would not be discriminated in any way. I do feel
the UKBA has not protected me and has forced me to be a captive
market to provide fees and under go constant rechecking of my
background which will always be the same two documents, my birth
certificate and my mothers birth certificate showing she is English
and born in England.
Surely this is wholly wrong and incorrect and has nothing to do
with illegal immigrants working in the country.
I feel the UKBA have missed their target completely and has turned
inwardly and picked on its own citizens by enforcing id and renewal
of ids despite it not being mandatory under the law.
I would really appreciate some real clarifications and hope the
UKBA will realise it has a duty to prevent discrimination from
happening rather then encouraging it and then going into self
denial over it.
I am looking for a proactive way perhaps which the UKBA will help
resolve my dilema without having to come up with fees in order for
me to go on re-establishing my rights as a captive market. Surely
this cannot be right ??
Yours sincerely,
J Mortoza
J Mortoza left an annotation (25 March 2010)
The following notes are based on statutory law and also a crown court ruling which should be read with great care as it has some very important legal precepts that should be adhered to. The telephone helpline has apparently given out advice and even the illegal working unit have stated that this advice was clear even though they have accepted that question 11 on their guide on page 45 is incorrect. Apparently the helpline personnel refer to the guide and do not seem to know the difference between ILE/ILR and ROA which is a natinality category and status and not that of immigrant as persons who hold the ROA are also patrials.
I really would like the UKBA nationality team address this issue with their interpretation of the 2006 regulations which is not compatible to the requirments of the law on the proof of the right of abode in particular. How on earth can this be made to be expired by expiring the very document that establsihes proof !
Another thing that needs to be looked at in the light of its impact for those persons who have been living their lives in the UK as ROA persons which is after all their entitlement as descendents of British Citizens who may through ill fortunate or illness be on benefits and cannot afford the fees that are imposed and this requirment to mandatorily pay fees each time as a captive audiance to whatever is being charged at any time. This means in old age, mental illness or other illnesses this levy would have to be paid and updated data about such persons would be constantly collected. I understand the law is very specific about not collection bio metric data for British Citizens and those who have the right of abode as the compulsory id scheme was scrapped.
I really hope an open attitidue is taken to address this problem rather then taking a uneven approach that does not address the rights of those who happen to have rights rather then erode these rights on the basis of stopping others. I have not committed any crimes and nor have I done anything to deserve this treatment specially since the long overdue changes in the law finally allows us to register as British of course for a high fee as well! Does not seem very right to treat those who have close blood and family ties with people from the UK to be treated in this manner specially as some of us have already been living here and paying out our share of taxes not to mention those of our parents. I cannot accept that it be right to save the uk tax payer this by charging fees and then stating incorrectly such persons are immigrats and then supposing that they are not tax payers either! A lot of incorrect assumptions and statements which I hope the UKBA will examine as a grave injustice and try and set things right instead of covering up for one department by another.
The following two statements are excerpts from the stautues and the requirment of the proof of the right of abode mearly requires the production of a certificate of entitlement. The law does not state that it must be produced in an unexpired passport mearly to be produced to establish proof of the right of abode.
The certificate itself looks like the example shown here and contains the following on it
CERTIFICATE OF ENTITLEMENT TO THE RIGHT OF ABODE
"Valid for presentation at a United Kingdom port within the validity of the passport"
CASE LAW GUIDEDANCE ON THE UKBA'S OWN WEB SITE STATE THE FOLLOWING IN THEIR DOCUMENT DOWNLOADED CALLED SECTION1.PDF ENTITLED
CHAPTER 1 – SECTION 1 RIGHT OF ABODE
Section 3.2. Procedure
When a passenger presents a valid document as noted at paragraph 3 (above) he
should, subject to paragraph 2, be accepted immediately as being exempt from control unless the immigration officer has reason to believe or suspect that the passport has been forged or falsified or was improperly obtained. The fact that a passport is out of date does not in itself render it invalid as evidence of nationality and identity, but this fact may justify the immigration officer in continuing his examination until he is satisfied on these points. Note that it is for the Immigration Officer to prove fraud, not for the passenger to disprove it.
The Law on the right of Abode
Statement of right of abode in United Kingdom, 1971 Immigration Act as amended by the 2006 Assylum and Immigration Act
(1) A person is under this Act to have the right of abode in United Kingdom if--
(a) he is a British citizen; or
(b) he is a Commonwealth citizen who--
(i) immediately before the commencement of the British Nationality Act 1981 was a Commonwealth citizen having the right of abode in theUnited Kingdom by virtue of section 2(1)(d) or
section 2(2) of this Act as then in force; and
(ii) has not ceased to be a Commonwealth citizen in the meanwhile.
(2) In relation to Commonwealth citizens who have the right of abode in the UK by virtue of subsection (1)(b) above, this Act, except this section and section 5(2), shall apply as if they were British citizens; and in this Act (except as aforesaid) "British citizen" shall be construed accordingly
Section 2 clearly states that persons who hold the right of abode shall be trated as British citizens and in law cases tried that apply to ROA persons also apply to British Citizens and Vice Versa. Hence British Citizens are able to establish their right of abode even by producing a expired British Passport why cannot those persons who have the right of abode do the same with their expired commonwealth passports.
CROWN COURT DECISION
The following was stated by Mr Justice Sedley in Regina v Secretary of State for the Home Department, ex parte Obi; Queen's Bench Division Crown Office List (Mr Justice Sedley) 18 April 1997.
Mr Justice Sedley said that the principal question to be decided was one of pure law: was it for the Home Secretary to satisfy the court that the applicant was an illegal entrant, or for the applicant to satisfy the court that he was not?
"Section 33(1) of the Immigration Act 1971 provided that an illegal entrant was a person who unlawfully entered, sought to enter or had entered the United Kingdom in breach of immigration laws. A person with the right of abode in the United Kingdom was not an illegal entrant. Section 3(8) of the 1971 Act provided that it was for a person asserting that he was a British citizen to prove that he was, and by section 3(9) a person claiming to have the right of abode should prove it "by means of . . . (a) a United Kingdom passport describing him as a British citizen . (b) A certificate of entitlement to the right of abode..."
In the factual situation described, his Lordship had reached the conclusion that no such further burden rested upon an entrant. He remained open to all the sanctions of the law if it could be proved that he had secured the passport by fraud. Until that point was reached, however, the production of a genuine passport which described as a British citizen a person who was undoubtedly the person seeking to enter, discharged the burden of proof of British citizenship established by section 3(8).
(Please read the followin in conjuction with the Crown Court Verdict)
SECTION 33(1) 1971 Immigration Act As Amended by the 1996 Act
Section 33(1) of the Immigration Act 1971, as amended by the Asylum and
Immigration Act 1996, defines an illegal entrant as a person who:
• unlawfully enters or seeks to enter in breach of a deportation order or
the immigration laws; or
• enters or seeks to enter by means of deception. (This can also include
deception by another person.)
Section 3(8) 1971 Immigration Act
When any question arises under this Act whether or not a person is [a British citizen], or is entitled to any exemption under this Act, it shall lie on the person asserting it to prove that he is.
A person seeking to enter the United Kingdom and claiming to have the right of abode there shall prove it by means of—
(a) a United Kingdom passport describing him as a British citizen,
(b) a United Kingdom passport describing him as a British subject with the right of abode in the United Kingdom,
(c) an ID card issued under the Identity Cards Act 2006 describing him as a British citizen,
(d) an ID card issued under that Act describing him as a British subject with the right of abode in the United Kingdom, or
(e) a certificate of entitlement.
From: J Mortoza
25 March 2010
Dear UK Border Agency,
Please pass this on to the person who conducts Freedom of
Information reviews.
I am writing to request an internal review of UK Border Agency's
handling of my FOI request 'Right Of Abode Rights In the UK'.
I do not feel the answers given reflect the severity of the problem
and is contridictory as it does not balance my right to work with
the ability to prove this as my certficate is an expired passport.
I also find that ROA persons are not be treated as the same as a
British Citizen due to these actions and want a review of the
answers being given and a process though which my concerns can be
addressed
A full history of my FOI request and all correspondence is
available on the Internet at this address:
http://www.whatdotheyknow.com/request/ri...
Yours faithfully,
J Mortoza
From: Freedom Of Information Team ( IND )
UK Border Agency
26 March 2010
Dear J Mortoza,
Your request has not been treated under the Freedom of Information Act
as they were questions relating to Right of Abode in the UK and your
particular circumstances, and therefore you cannot request an internal
review.
However, I note that you have been provided with a full response to the
issues you have raised and your complaint appears to regard your
personal situation rather than the information you have been provided
with or the way your enquiries have been handle.
Therefore, I would recommend that you take the matter up with your local
MP.
Yours sincerely,
Freedom of information team
show quoted sections
J Mortoza left an annotation (14 August 2010)
The immigration restriction order 3290 has a schedule of documents that can prove a persons ongoing right to work free of immigration control or permission
6. A passport or other travel document endorsed to show that the holder is exempt from immigration control, is allowed to stay indefinitely in the United Kingdom, has the right of abode in the United Kingdom, or has no time limit on their stay in the United Kingdom.
J Mortoza left an annotation ( 7 September 2010)
The UKBA have used Rule 8 of SI 3145 to "Imply" that a persons work rights are expired if they have a right of abode. This is not correct and this "implication" is not allowed as there is no evidence that the statutory instrument has stated this. Therefore to "imply" is not lawful and does not have the approval of Parliament in formulating policy.
Mickey_NZ left an annotation ( 2 December 2010)
I'm having the exact same trouble, I legitimately have Right of Abode status, currently in the UK and don't know how to get it renewed while in the UK if renewing my passport invalidates my RoA. Its a nightmare trying to get clarity around this issue. There seems to be a clear solution for UK Ancestry path but not when your parent was born in the UK which is insane.
J Mortoza left an annotation ( 2 December 2010)
Currently you will need to send in a new application form along with your birth certificate and old passport to renew and pay a fee which may have gone up yet again. The right to register as British by descent is now available for those born before 1961. You will need both your and your mother/fathers birth certificate which if they were born here you can obtain from the records office for a small.
It is not fair that children of British mothers are treated like they are immigrants and have to be held hostage to fees in this manner!
J Mortoza left an annotation ( 2 December 2010)
Frederick Colbourne left an annotation ( 1 April 2011)
There are at least two problems with the UK rule re ROA. A non-citizen with ROA does not lose the right when the passport expires but loses the evidence of that right. In effect, the exercise of the ROA is determined by the person's country of nationality not the UK. The holder of ROA has a legitimate expectation that the UK will continue to recognise the ROA irrespective of the validity of a foreign passport.
The second problem is a more serious matter. Requiring the holder of ROA to reapply for a certificate in the same way as non-holders of the ROA and to pay the same fee constitutes procedural unfairness and may be construed as constructive denial of the ROA.
Where those with ILR and ILE benefit is that they are issued with evidence of the right to remain in the UK that is independent of the actions or inactions of foreign governments.
A simple change in UK policy would be this: issue a ROA certificate in the form of a card and not a vignette to be placed in the passport. This would be consistent with the advice that certificates such as ID cards are not travel documents, but documents to be used within the UK. Ditto for ROA certificates: it makes no more sense to place the ROA certificate in the passport than it does to place the ID card in the passport.
Frederick Colbourne left an annotation ( 3 April 2011)
Actually, the holders of the ROA would have been entitled to hold ID cards had the present government not repealed the legislation requiring ID cards for citizens and other persons with ROA.
Things to do with this request
- Add an annotation (to help the requester or others)
- Download a zip file of all correspondence
Make and explore Freedom of Information requests






J Mortoza left an annotation (23 March 2010)
http://www.ukvisas.gov.uk/resources/en/f...
Is it possible to transfer a visa from an expired passport
"This is not necessary and will attract a fee. Instead you should travel with both passports which should be shown to an Immigration Officer on arrival in the UK. "
Link to this