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British overseas citizen no right to work

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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

vinny
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Re: British overseas citizen no right to work

Post by vinny » Sun Sep 01, 2019 4:17 pm

Pan1974 wrote:
Fri Aug 30, 2019 10:27 pm
There are two observations on his passport.
1. The holder is entitled to re-admission to the United Kingdom.
2. The holder is not entitled to benefit from EU provisions relating to employment or establishment. (This was added recently when passport was renewed)
I believe he has ILR, with rights to work, etc., in the UK. But he has not the rights of a British citizen under the EU provisions, i.e. in another EU country?

Returning residents
Under paragraph 17 of the rules, British Overseas Citizens (BOC) who hold UK passports wherever issued are also entitled to admission at any time as returning residents if they can satisfy the Immigration Officer that, since 1 March 1968, they have been given indefinite leave to enter or remain in the UK.

Those who benefit from paragraph 16 or 17 will normally have “Holder is entitled to re-admission to the UK” endorsed in their passport and are entitled to readmission as returning residents at any time. This means that their leave will not lapse after 2 years’ absence from the UK.

Persons described in paragraph 16 who produce a UK passport issued outside the Common Travel Area (CTA), or issued within the CTA on or after 1 January 1973, are subject to the normal 2 year rule, unless their passports bear the ‘right of readmission’ endorsement.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

secret.simon
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Re: British overseas citizen no right to work

Post by secret.simon » Sun Sep 01, 2019 4:30 pm

vinny wrote:
Sun Sep 01, 2019 4:17 pm
I believe he has ILR.
I suspected as much, Vinny, but I wasn't certain. Thank you for the additional input.

In which case, can he register immediately under Section 4(2)? Or should he apply for an ILR BRP using Form NTL and then register under Section 4(2)?
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.

Pan1974
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Re: British overseas citizen no right to work

Post by Pan1974 » Sun Sep 01, 2019 4:51 pm

Ok, if this is correct then I am now totally confused.
So because of this observation in his passport this gives him indefinite leave to enter which gives him the same rights as indefinite leave to remain?
And he doesn’t have to apply for this?

He has been a permanent resident since 1978 so this still applies? It’s for permanent residence at any time after 1968?

Who would we have to contact to verify this as calling the home office has so far been a complete waste of time. Their customer services literally can’t answer anything....

Thank you for this, much appreciated

secret.simon
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Re: British overseas citizen no right to work

Post by secret.simon » Sun Sep 01, 2019 4:58 pm

Pan1974 wrote:
Sun Sep 01, 2019 4:51 pm
Their customer services literally can’t answer anything....
Their phone support is outsourced to a third-party supplier and they are certainly not trained for a complex issue like yours. Indeed, we have known them to give out wholly incorrect information on these forums. So, I would not count on their advice.

To cut down on confusion, please don't use the phrase "permanent residence", which in UK Immigration, is reserved for EEA citizens and their family members. Non-EEA citizens have ILR/ILE (which are essentially the same thing).

I would wait for Vinny to respond with more details and further advice.
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.

Pan1974
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Re: British overseas citizen no right to work

Post by Pan1974 » Sun Sep 01, 2019 5:35 pm

Yes will do.

I’m considering emailing our local MP explaining the situation and outlining the advice on the gov website, maybe she can help or advise?

secret.simon
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Re: British overseas citizen no right to work

Post by secret.simon » Sun Sep 01, 2019 5:42 pm

Pan1974 wrote:
Sun Sep 01, 2019 5:35 pm
I’m considering emailing our local MP explaining the situation and outlining the advice on the gov website, maybe she can help or advise?
S/he can of course look into the political aspects of the matter. But neither MPs nor their offices provide legal advice. They may point you to sources of legal advice, but you need legal, not political, advice.

Besides, something (Twitter and the news) tells me that Mps will be very preoccupied this week.
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.

Pan1974
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Re: British overseas citizen no right to work

Post by Pan1974 » Sun Sep 01, 2019 6:18 pm

Yes I believe they will be :roll: but still worth a try.

Pan1974
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Re: British overseas citizen no right to work

Post by Pan1974 » Sun Sep 01, 2019 6:31 pm

Opinion on this?

Who is eligible for support?
You could be eligible for the Windrush Scheme if you are:

a Commonwealth citizen who settled in the UK before 1 January 1973 or has right of abode

a child of a Commonwealth citizen parent who settled before 1 January 1973, where you were born in the UK or arrived in the UK before the age of 18

a person of any nationality who settled in the UK before 31 December 1988 and is settled in the UK

Please see the Windrush Scheme for full details on eligibility.

Maybe he qualifies under option 3?

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