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Expired Passport-What to do?

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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new.citizen
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Expired Passport-What to do?

Post by new.citizen » Mon Apr 04, 2016 8:51 am

I arrived in the UK as an EU national using an Italian passport under the freedom of movement for workers policy agreement. I have lived continuously in the UK for the last 17 years. According to what I read on the GOV website, residency is an automatic right after 5 years of continuous residency. I don’t have a PR card or a document proving permanent residence and my Italian passport expired last year (June 2015) and I don’t really want to renew it because I now wish to apply for British citizenship, but I’m not sure how to go about it under my circumstance.

1) Do I need to apply for permanent residence before British citizenship?
2) If so, how do I prove my right as an EU national if my passport has expired?

Thanks in advance. :)

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Re: Expired Passport-What to do?

Post by ohara » Mon Apr 04, 2016 8:59 am

Permanent residence is automatic after 5 years of continuously exercising treaty rights, but you will need to apply for a DCPR (costs £65 and takes 6-8 weeks on average) before you apply for citizenship as this is now one of the required documents.

Do you have an Italian ID card you can use instead of passport? Surely it would use useful to have an Italian passport anyway, in the case of the UK exiting the EU.

I applied for naturalisation in March, and my passport at the time was set to expire in August, so I got a new one anyway and used that instead.

new.citizen
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Re: Expired Passport-What to do?

Post by new.citizen » Mon Apr 04, 2016 10:28 am

My Italian passport has expired and I don't have an Italian ID card. I have other forms of valid identity, such as a UK driving licence, a valid Australian passport and I can get a letter from my employer to prove I have lived and worked in the UK as a resident for 17 continuous years. I just don't have valid EU identity and wanted to avoid having to renew my Italian passport.

I lived and worked in the UK with a valid EU passport for the 5 years needed to qualify for permanent residence.

Is there any chance this will be considered or do I have no other option but to renew my Italian passport?

noajthan
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Re: Expired Passport-What to do?

Post by noajthan » Mon Apr 04, 2016 10:32 am

new.citizen wrote:My Italian passport has expired and I don't have an Italian ID card. I have other forms of valid identity, such as a UK driving licence, a valid Australian passport and I can get a letter from my employer to prove I have lived and worked in the UK as a resident for 17 continuous years. I just don't have valid EU identity and wanted to avoid having to renew my Italian passport.

I lived and worked in the UK with a valid EU passport for the 5 years needed to qualify for permanent residence.

Is there any chance this will be considered or do I have no other option but to renew my Italian passport?
You need to prove identity or your application will fail.
Maybe Australia passport will do or maybe it will confuse things as its not an EU passport.

From PR guidance...
we can only accept alternative evidence of your identity and nationality if you’re unable to submit a valid passport, travel document or EEA national identity card due to circumstances beyond your control
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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Re: Expired Passport-What to do?

Post by new.citizen » Mon Apr 04, 2016 11:31 am

I appreciate the answers but I am still none the wiser. According to all the information I read, an EU national is granted UK permanent residency AUTOMATICALLY after 5 years of continuous residency in the UK. By my definition, ‘automatic’ means I didn’t have to do anything other than live in the UK for 5 years.
I have fulfilled that requirement and then some.

I know what the guidance form says and hence my confusion. I cannot seem to get a definitive answer about whether I need to apply for residency before citizenship. Why do I need to apply for something that was granted automatically 12 years ago?
Without applying, how do I prove I have automatic permanent residency?

Still very confused. :?

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Re: Expired Passport-What to do?

Post by noajthan » Mon Apr 04, 2016 11:43 am

new.citizen wrote:I appreciate the answers but I am still none the wiser. According to all the information I read, an EU national is granted UK permanent residency AUTOMATICALLY after 5 years of continuous residency in the UK. By my definition, ‘automatic’ means I didn’t have to do anything other than live in the UK for 5 years.
I have fulfilled that requirement and then some.

I know what the guidance form says and hence my confusion. I cannot seem to get a definitive answer about whether I need to apply for residency before citizenship. Why do I need to apply for something that was granted automatically 12 years ago?
Without applying, how do I prove I have automatic permanent residency?

Still very confused. :?
That's something of a misunderstanding.
By my definition, ‘automatic’ means I didn’t have to do anything other than live in the UK for 5 years.
Just residing in UK is nowhere near enough :!:
If that's all you've done then technically it could be argued you had no basis to be in UK.
However all is not lost, I guess you have been working &/or self-employed &/or studying &/or something (?)

The EU national needs to have been exercising treaty rights continuously for 5 years as a qualified person tio acquire PR.
- have you done that?

Do you have adequate documentary supporting evidence to prove (exercise of treaty rights) plus your residency in UK (plus your identity)?
That is what is required to succeed in applying for confirmation of PR.
(The PR itself is automatically acquired - its the proof you now need to apply for).

An outline of your timeline & activities in UK may help people dig deeper into your chances of having acquired PR.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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Re: Expired Passport-What to do?

Post by new.citizen » Mon Apr 04, 2016 12:41 pm

Hi noajthan,

Sorry I have been sparse with details which have probably made advising me difficult!
  • In 1998 I came to the UK from Australia because I was offered a full time job with a British company and I still work for the same company
  • I was able to live and work in the UK under the EU freedom of labour movement because I have Italian nationality by descent and have held a valid Italian passport until June 2015 when it expired
  • I applied and obtained a National Insurance number circa 1998 and have been paying UK National Insurance and income tax for 17 years
  • I could probably obtain a letter from my employer stating when my employment started and perhaps even my nationality
It is under these conditions that I thought I would automatically have qualified for permanent residence after 5 years. If so, how do I prove it?

Kind regards

noajthan
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Re: Expired Passport-What to do?

Post by noajthan » Mon Apr 04, 2016 12:45 pm

new.citizen wrote:Hi noajthan,

Sorry I have been sparse with details which have probably made advising me difficult!
  • In 1998 I came to the UK from Australia because I was offered a full time job with a British company and I still work for the same company
  • I was able to live and work in the UK under the EU freedom of labour movement because I have Italian nationality by descent and have held a valid Italian passport until June 2015 when it expired
  • I applied and obtained a National Insurance number circa 1998 and have been paying UK National Insurance and income tax for 17 years
  • I could probably obtain a letter from my employer stating when my employment started and perhaps even my nationality
It is under these conditions that I thought I would automatically have qualified for permanent residence after 5 years. If so, how do I prove it?

Kind regards
You prove it by collating all your evidence (as per the PR guidance) and applying on PR form.
(I.e. evidence of work, of residence & of identity).
Note The latest form is a monster, you don't have to use that one - you can use an earlier (simpler) version if you like.

It's a longshot but if you came to UK back in 1990s you may have been granted ILR on arrival - suggest checking your old passports for any such stamp or annotation.
If so you will be 'settled' already.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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Re: Expired Passport-What to do?

Post by Wise » Mon Apr 04, 2016 4:32 pm

Noajthan has advised you at length and I gave him cudos for his contribution.

It's unfortunate that the Home office doesn't want to just loose the application fee for PR if not people like youself would have just apply for Naturilisation with just 6 years of your treaty right. But you still have to proof what you already acquired automatically it's just ridiculous.

Get it right if you don't proof that you're EEA national any application is automatic refusal. Otherwise apply for 10 years legal residence under UK law which cost future and you have to proof your residence legality in UK to succeed on that route. But if I were you I will sort out my EU ID to make things easier for you.

Good luck.
It is really good to help and everyone deserve to be respected in life. Good luck.

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Re: Expired Passport-What to do?

Post by secret.simon » Tue Apr 05, 2016 1:11 am

new.citizen wrote:I appreciate the answers but I am still none the wiser. According to all the information I read, an EU national is granted UK permanent residency AUTOMATICALLY after 5 years of continuous residency in the UK. By my definition, ‘automatic’ means I didn’t have to do anything other than live in the UK for 5 years.
I have fulfilled that requirement and then some.

I know what the guidance form says and hence my confusion. I cannot seem to get a definitive answer about whether I need to apply for residency before citizenship. Why do I need to apply for something that was granted automatically 12 years ago?
Without applying, how do I prove I have automatic permanent residency?

Still very confused. :?
You are mixing up two related concepts.

You will have automatically acquired Permanent Residence (and thereby settled status in the UK) by exercising treaty rights (not mere residence) for any five continuous years. Acquisition of PR is automatic under EU law.

However, for getting British citizenship, you need to evidence your settled status under UK law by applying for a DCPR (Document Certifying Permanent Residence). That document is primarily relevant only for the application for British citizenship. That document merely evidences the PR that you have automatically acquired.

So, you do not apply for permanent residence before applying for citizenship, you apply for a Document Certifying Permanent Residence and submit that along with your citizenship application to prove that you have settled status in the UK.

I could be wrong, but I think even an expired Italian passport is sufficient as proof of identity. The issue that arises because of expiry of passport is that there is no proof of your EU citizenship.

Now, here is a hypothetical question for these forums. Can a PR acquired under EU law continue to exist if the underlying EU Citizenship comes to an end? From the OP's posts, he seems to have successfully acquired PR at some point in the past. Now if hypothetically his Italian citizenship ceased, would his PR persist? With ILR, it is quite straightforward. ILR Is granted to a specific person and does not rely on the subsisting citizenship. Does PR depend on the subsisting citizenship or is it independent of that citizenship once acquired?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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Re: Expired Passport-What to do?

Post by new.citizen » Tue Apr 05, 2016 6:04 am

Hello secret.simon,

Having read more thoroughly the advice in this forum and official documentation from HO, I can say unequivocally that I have lived and worked in the UK as an EEA qualified person exercising treaty rights for 17 years continuously. I think I have enough documentary evidence to show that I did so when my EU passport was valid.

EEA(PR) Section 5 and the supporting guide seems to have a provision for an EU passport as documentary evidence:
“Previous immigration or residence documents (section 5) – e.g. registration certificate, residence card, biometric residence permit; previous passports, travel documents or national identity cards; police lost property report or crime reference number for lost/stolen documents”
So, it seems I can submit the EEA(PR) application using my current, valid Australian passport for identity and use my expired Italian passport and other supporting documents to prove that I legally lived and worked in the UK as an EEA qualified person exercising treaty rights for 5 years continuously.

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Re: Expired Passport-What to do?

Post by new.citizen » Tue Apr 05, 2016 6:10 am

EEA(PR):
5.3 Have you (or has your sponsor, if applicable) had any absences from the UK since you/they entered?
In regard to the above question: I take it 'absences' is defined as long periods, not short holidays a person typically takes? Some forms specify absences as being 6 months. It's not clear on this one. :?:

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Re: Expired Passport-What to do?

Post by ohara » Tue Apr 05, 2016 7:31 am

If your application is simple, for example you are applying on the basis of being a worker for 5 years, then to simplify things I suggest using an old version of the EEA3 form. It's much shorter and less intrusive. You still need to pay the £65 fee, though.

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Re: Expired Passport-What to do?

Post by new.citizen » Tue Apr 05, 2016 9:03 am

ohara wrote:If your application is simple, for example you are applying on the basis of being a worker for 5 years, then to simplify things I suggest using an old version of the EEA3 form. It's much shorter and less intrusive. You still need to pay the £65 fee, though.
That form doesn't seem to exist anymore. Searches for that form link to EEA(PR)

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Re: Expired Passport-What to do?

Post by ohara » Tue Apr 05, 2016 9:08 am

https://portal.mpsv.cz/eures/podminky/b ... /eea31.pdf

Enjoy.

Make sure you print off the payment section from the EEA(PR) form as you will need to include this. No need to include the biometric section as you are an EEA citizen.

Send it to the address in the EEA(PR) form, it will make things simpler as UKBA does not exist any more.

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Re: Expired Passport-What to do?

Post by Wise » Tue Apr 05, 2016 12:29 pm

My humble advice for you.

Firstly, call or email them your situation very briefly and know your faith.

1. Your application will be treated as an EEA national and the only way you can proof that is by having a valid EU passport with minimum of 6 month old.

2. I quess this is your first time you're dealing with HO. I will be extremely shock if any caseworker approved that application.

3. When you submit an application. A department that will issue you with COA will not even accept an expired passport as valid ID unless they don't see it. Years back they accept birth certificate but now they don't
.

4. Have you search anywhere and see anyone with same circumstance ? I honestly don't know how you can proof why you don't want to renew you Italian Passpot as they will never treat your case as an Australian under EU law.

5. The only way out is to proof you're still an EU to be succeed with such application. Also either previous or recent quality period you choose, you need to proof that your EU Passport have never be revoke or cancel.

Sorry I don't mean to scare you but from what I know
about the way HO operate you just need to convince them.

Good Luck.
It is really good to help and everyone deserve to be respected in life. Good luck.

new.citizen
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Re: Expired Passport-What to do?

Post by new.citizen » Tue Apr 05, 2016 1:02 pm

Hello Wise,

This is a quote directly from the Europa website:

http://europa.eu/youreurope/citizens/re ... dex_en.htm

Updated : 29/03/2016
As EU national, you automatically acquire the right of permanent residence in another EU country if you have lived legally there for at least 5 years continuously.

You can then apply for a permanent residence document, which confirms your rights to live in the country where you now live permanently, without any conditions.
I have just collated all of my original documentation (Bank statements and payslips) and I can prove without any doubt that I lived in the UK legally as an EU national qualified person from 1999 - 2005 and practically every year since 1998.

"Confirms your rights to live in the country where you now live permanently, without any conditions" tells me loudly and clearly that it doesn't matter if my EU passport has expired because I acquired the right to permanent residence more than 10 years ago.

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Re: Expired Passport-What to do?

Post by Wise » Tue Apr 05, 2016 7:22 pm

Everything you've posted is a real truth and I am not in doubt that you're not an EU citizen, but my point is in UK and with that office at Liverpool "Home Office" you cannot apply for anything from them without a valid passport.
Unless is not noticed.

Secondly, I am sure not in this western world you can do things with an expired ID as that will still proof that right you about to claim.

Thirdly, please don't get me wrong neither take this personal. Why don't you want to renew your EU Passport?
And also do you have any identification to proof you're EU national? .How long is being expired and were you born in Italy?

Anyone or any office will always wanted you to proof your nationality simple as that. As you have Australian passport you can travel to anywhere in whole world as long as you meet the entry/visa requirements, but you cannot enter any country with an expired passport. No airline will carry you neither.

Do you know that some people may have got EU passport in a dodgy way/revoke in the past and use it till expired and unable to renew it. It's been shown on aTV program call UK border force .That is the impression any government office will wanted you to clarify, they will not call Italian embassy on your behalf as is not there responsibility. Please I will have love to convince you more but I think you have every right to proof me and the forum wrong when you sort yourself out. Also keep me update.

Once again Good luck.
It is really good to help and everyone deserve to be respected in life. Good luck.

new.citizen
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Re: Expired Passport-What to do?

Post by new.citizen » Mon Apr 11, 2016 7:32 pm

EEA(PR) mailed today with:
  • Valid Australian passport
  • 2 x expired Italian passports
  • 5 years bank statements
  • 5 years payslips
  • Letter from Employer
Sent with special delivery, should arrive by 1pm tomorrow (Tue 12/4)

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Re: Expired Passport-What to do?

Post by avjones » Sat Apr 23, 2016 9:38 am

Wise wrote:Noajthan has advised you at length and I gave him cudos for his contribution.

It's unfortunate that the Home office doesn't want to just loose the application fee for PR if not people like yourself would have just apply for Naturalisation with just 6 years of your treaty right. But you still have to proof what you already acquired automatically it's just ridiculous.

I don't think it's about the fees. The fee they charge for the PR isn't worth it for the amount of work they do.

it's a love of paperwork and bureaucracy!
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

new.citizen
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Re: Expired Passport-What to do?

Post by new.citizen » Tue Feb 14, 2017 10:33 am

Take 2!

I have a valid EEA passport!
I submitted my EEA (PR) application using the new online application yesterday.
I used the European passport return service (EPRS).
Submitted everything yesterday along with the £20 fee.
Documents delivered today via DX

I hope it is successful this time.

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