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Driving licence and legality of stay in UK

This is an area for the discussion of matters related to issues about moving from one country to another. Examples could be about money transfer, moving and packing, validity of driving licence, etc..

It is not a general non-immigration, free-for-all area.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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a.s.b.o
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Driving licence and legality of stay in UK

Post by a.s.b.o » Tue Mar 01, 2016 3:56 pm

I always thought that driving licence is to confer ability to drive a vehicle. How did it get attached to your status? (http://www.legislation.gov.uk/ukpga/201 ... 3/chapter/)????

So, if you were a student and then left UK, they going to revoke your licence? If you had a licence and became undocumented, you have no right to drive a vehicle, even if you fulfilled requirement? This is utterly nonsensical.

rathernicelydone
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Re: Driving licence and legality of stay in UK

Post by rathernicelydone » Tue Mar 08, 2016 1:54 pm

Link doesn't work?

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Casa
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Re: Driving licence and legality of stay in UK

Post by Casa » Tue Mar 08, 2016 2:00 pm

I suspect that it's due to the fact that a UK driving licence can in some cases be used to verify identity. Something that the HO want to prevent for someone who has no legal residence.
(Casa, not CR001)
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a.s.b.o
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Re: Driving licence and legality of stay in UK

Post by a.s.b.o » Tue Mar 08, 2016 3:04 pm

Casa wrote:I suspect that it's due to the fact that a UK driving licence can in some cases be used to verify identity. Something that the HO want to prevent for someone who has no legal residence.
It is rational explanation. However, DL primarily is a driving licence, i.e. THE PERMIT TO DRIVE A MOTOR-PROPELLED VEHICLE.

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Re: Driving licence and legality of stay in UK

Post by Wanderer » Thu Mar 10, 2016 8:03 pm

When I worked at DVLA at Swansea I needed my Government Security Clearance so there is more data to protect than just a permit to drive, plus I'm not sure I'd want to share roadspace with an undocumented driver or person with no legal status.
An chéad stad eile Stáisiún Uí Chonghaile....

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Re: Driving licence and legality of stay in UK

Post by Amber » Fri Mar 11, 2016 2:26 am

It makes sense, to deter those from coming to the UK unlawfully.

The background to the government discussion of the Immigration Act (sections 46 & 47) can be found here (click).
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Re: Driving licence and legality of stay in UK

Post by a.s.b.o » Thu Mar 24, 2016 1:48 pm

Amber wrote:It makes sense, to deter those from coming to the UK unlawfully.

The background to the government discussion of the Immigration Act (sections 46 & 47) can be found here (click).
What makes sense to you, I find non-sensical. Wearing David's star on your forearm and to walk around the perimeter of the camp equally deters illegal immigration.

On a more constructive note, I have now had my complaint investigated. This will be specifically interesting to a category of applicants, who had their Residence Card application made but which is in progress. I essence, legality of the applicant in UK can be demonstrated by

1. Relation to the EEA national; and
2. Evidence of EEA national's exercising treaty rights in UK.

Transposed, this means that the applicant can apply by providing relation links to EEA national (marriage certificate, marriage certificates and the like), EEA national's passport, ID card or Certificate of Registration of an EEA national (which I suggest to do, as this is the easiest-ly recoverable document) and perhaps, payslips (other evidence of exercising treaty rights).

This is the response from DVA (DVLNI in our case):

I accept that there is no requirement for dependant relatives of EEA citizens to obtain a Biometric Residency Permit (BRP). However, he is still required to provide evidence, in support of his application, that he is lawfully resident in Northern Ireland. While his passport may be sufficient proof of his identity, it does not satisfy the Department that he meets the relevant residency requirement.

In the absence of a valid visa or BRP, Mr XXX may provide documentation to show the following:

• evidence that their sponsor is an EEA national. Documents such as a valid EEA national passport or identity card issued by the relevant authority would suffice.

• evidence establishing the claimed relationship between applicant and sponsor (for example, birth certificates/marriage certificate/civil partnership certificate)

• evidence of the sponsor’s right to reside in the UK. This is dependent on whether the EEA national is exercising Treaty rights in the UK. Exercising Treaty rights in this context means either being a jobseeker, working, being self employed, self sufficient or a student. There is some guidance on how EEA nationals exercise Treaty rights and the evidence that can be used to demonstrate that at:

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Re: Driving licence and legality of stay in UK

Post by Amber » Mon Apr 04, 2016 1:56 am

What are you on about? If a law is enacted you follow it, simple.

As for the Star of St. David, was that meant as an anti-Semitic remark?
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Re: Driving licence and legality of stay in UK

Post by a.s.b.o » Tue Apr 19, 2016 8:39 am

Amber wrote:What are you on about? If a law is enacted you follow it, simple.

As for the Star of St. David, was that meant as an anti-Semitic remark?
There was a law prohibiting german women marrying Jewish man. Lobotomy - expressed in inability to connect sensical and non-sensical - is not a requirement to be the law abiding citizen. some laws are clearly confused and serve political agendas, not your ABILITY AND PERMISSION TO DRIVE A MOTOR-PROPELLED VEHICLE.

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Re: Driving licence and legality of stay in UK

Post by a.s.b.o » Tue Apr 19, 2016 1:40 pm

Wanderer wrote:When I worked at DVLA at Swansea I needed my Government Security Clearance so there is more data to protect than just a permit to drive, plus I'm not sure I'd want to share roadspace with an undocumented driver or person with no legal status.
I interpret for the Police and need more security clearance that most bureaucrats out there. lets not rattle our regalia. The point is that a DL is a DL. It confers the right to DRIVE. If whoever does not want to accept this as a proof of a LEGAL STATUS IN UK, thats fine. But in a nutshell, it is what it says on a tin...a DL

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