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Howard
Howard, Immigration Lawyer
Category: UK Immigration Law
Satisfied Customers: 459
Experience:  Senior Partner with nearly 20 years experience in UK Immigration Law.
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Can you give some advise please. A family friend was born in

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Can you give some advise please. A family friend was born in Jamaica in 1934. He came to the UK in 1961 on a Jamaican British passport. He has lived in the UK since then, has married a Jamaican woman and all his children have been born in the UK. He has worked until he retired several years ago paying national insurance, tax and the right to vote. He now wants to apply for a passport to return one last time home in his frail years. The passport he arrived on expired in 1966. How do we go about getting him a passport when he has no citizenship paperwork? Also how would we go about getting him his citizenship.
Submitted: 11 months ago.
Category: UK Immigration Law
Expert:  Howard replied 11 months ago.
Does he have his previous passport and does this clearly state right of abode?
Customer: replied 11 months ago.

He has a British Jamaican passport that was issued in 1961 a few months before he left there and traveled to the UK.The passport does not state right of abode but is stamped British subject Citizwen of the United Kingdom and colonies.

Expert:  Howard replied 11 months ago.
And not one page of the passport states right of abode?
Customer: replied 11 months ago.

No I have checked it on the inside of the cover it gives a statement from the governor in charge of the island. It then goes onto say "Request and require in the name of her majesty all those who it may concern to allow the bearer to pass freely without let or hindrance and to afford him every assistance and protection of which he may stand in need". No where does it state about the right of abode.

Expert:  Howard replied 11 months ago.
On no pages? Not even page 5?

He should have been a CUKC - Citizen of the United Kingdom and Colonies - and I would have expected right of abode to be stated somewhere in his passport.

You have presumably used the passport checking service at the Post Office. You will no doubt realise that they are not particularly adept at matters of law relating to Citizenship, so you might be better placed to simply apply directly instead of visa the Post Office.

Jamaica ceased to be a part of the UK and Colonies in 1962 so he was ok to enter the UK and should have right of abode based on this.

Does the passport state British Citizen?
Customer: replied 11 months ago.

Page 5 is empty. I understand what you are saying about the post office but my concern is that if we apply directly and it is not adequate information will they advise us what information we will need? Also what happens if they say they need proof of citizenship? Have you come across this situation before please advise

Expert:  Howard replied 11 months ago.

I understand. You might want to apply for a certificate confirming right of abode.

 

Please see the following page:

 

http://www.ukba.homeoffice.gov.uk/britishcitizenship/right-of-abode/documents-in-uk/

 

You will find the following text:

 

If you were a citizen of the United Kingdom and Colonies and were ordinarily resident in the UK for a continuous period of 5 years before 1 January 1983, and were settled in the UK at the end of that period

 

You should send evidence of:

 

your citizenship of the United Kingdom and Colonies, such as a passport, or certificate of naturalisation or registration; and

 

your settlement and 5 years of ordinary residence in the UK before 1983, such as your passport, P60 tax forms, details of National Insurance contributions, social security claims or employers' letters.

 

This would seem to suggest that if right of abode is not indicated in the passport then a certificate confirming this can be obtained if he was a CUKC (he was) and he had lived in the UK for at least 5 years prior to January 1983 (he had). It might be worth applying for right of abode confirmation before applying for the passport.

 

Sorry to use rather vague terminology but these situations are never as clear as we would like them to be.

Customer: replied 11 months ago.

Can you advise how I get a right to abode confirmation?

Expert:  Howard replied 11 months ago.
Everything you need is on the following page:

http://www.ukba.homeoffice.gov.uk/britishcitizenship/right-of-abode/certificate-entitlement/

This includes the form and guidance. Link in the top right of that page.
Howard, Immigration Lawyer
Satisfied Customers: 459
Experience: Senior Partner with nearly 20 years experience in UK Immigration Law.
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