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Alice H
Alice H, Solicitor Advocate
Category: UK Immigration Law
Satisfied Customers: 2847
Experience:  Partner in national law firm.
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My daughter has an expired Australia Passport. It contains

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My daughter has an expired Australia Passport. It contains a certificate of right of abode in the United Kingdom (issued as a permanent ancestry visa based on my wife's British citizenship). She has previously been advised by the Home Office that she could carry this passport with her current Australian passport and that she was not required to have a new certificate in her current passport providing that she presented both passports at border control. When the certificate of right of abode was issued we were told that this entitled her to full UK rights in terms of employment etc. when she ws permanently resident in the UK. She has been permanently resident in the UK since 1995 and has studied and worked in that time.
Today she successfully inteviewed for a new job but has been informed by the Human Resources Department of the prospective employer that her status is illegal because her certificate of right of abode is not in her current passport. She has phoned the border agency who advised her that the original advice that they gave her was unofficially acceptable but are not prepared to put this in writing.
She is concerned that the job offer will be recinded because she will not have sufficient time to apply for a new passport with the certificate in it before the start date of the job (6 weeks)

Can you please clarify her legal position in terms of right to work in the UK
Hello and welcome to Just Answer.

My name is XXXXX XXXXX I'm happy to help with your question today.

Is there any reason why the certificate was not transferred to the new passport?
OK don't worry about the additional information.

Your daughter has the right of abode in the UK.

This means she is free from immigration control.

She also has the right to work without restriction.

The prospective employer is wrong about the need for the stamp to be in the new passport.

Once a person has a right of abode its not essential that the permission is in the new passport although it would save misunderstanding if it were.

Here is a link to UK Border Agency confirming the position as stated above:

Alice H and other UK Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.

But what about this info at the bottom of page? Her certificate says "Valid while this passport current", so I fear what she hs been told may be correct...

Sadly that appears to be the case. The note at the end does say the certificate expires with the passport. She has no choice but to renew.

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