Renewal of Certificate of Entitlement - Right of Abode

Question - I am EU/Commonwealth citizen (Malta) with Right of Abode since late 1970s. I do not have British Citizenship as I have never felt the need for it. I have a Certificate of Entitlement to the Right of Abode on my current passport. The certificate has to be renewed (used to be cheap but now almost £400) every time I renew my Maltese passport. So my questions are:
(a) Can I apply for Settled Status?
(b) Would Settled Status affect my Right of Abode immigration status? ...eg at airport when re-entering UK after a holiday abroad?
(c) Must I renew my CoE-RoA?
(d) What happens if I don't renew my Certificate of Entitlement on my new Maltese passport?
(e) I usually renew my Maltese passport during one of my short trips to Malta so I will have to then renew my CoE-RoA when I return to UK. Will that cause problems at UK airport on my return?

My answers assume that you live in the UK.

Cordina wrote: ↑

Tue Feb 25, 2020 3:02 pm

(a) Can I apply for Settled Status?

Yes. I can't see the EU allowing discrimination against EU citizens with right of abode in the UK, even if you personally don't have permanent residence under the EEA Regulations. Its validity will arise from the EU Withdrawal Agreement - it's the UK replacement for a permanent residence card, even if it does claim to be a grant of indefinite leave to remain.

Cordina wrote: ↑

Tue Feb 25, 2020 3:02 pm

(b) Would Settled Status affect my Right of Abode immigration status? ...eg at airport when re-entering UK after a holiday abroad?

No.

Cordina wrote: ↑

Tue Feb 25, 2020 3:02 pm

(c) Must I renew my CoE-RoA?

No.

Cordina wrote: ↑

Tue Feb 25, 2020 3:02 pm

(d) What happens if I don't renew my Certificate of Entitlement on my new Maltese passport?

If you get a stamp in your passport, you should check that you have not been granted limited leave to remain. It could force you back to depending on CofE.

Cordina wrote: ↑

Tue Feb 25, 2020 3:02 pm

(e) I usually renew my Maltese passport during one of my short trips to Malta so I will have to then renew my CoE-RoA when I return to UK. Will that cause problems at UK airport on my return?

Not if you can use the e-gates. It would be an offence to tell an immigration officer that you were entering for a visit if you weren't. If you have documented settled status, there should be no problem.

Thank you so much for your swift reply. So, to be clear, I can renew my Maltese passport as usual in Malta during one of my short visits there. Return to UK with both my old passport (with CoE-RoA) and my new passport. Then apply to renew my CoE-RoA in UK, and explain this to the immigration officer at the airport when asked about it. Is that right?

Cordina wrote: ↑

Tue Feb 25, 2020 10:22 pm

Thank you so much for your swift reply. So, to be clear, I can renew my Maltese passport as usual in Malta during one of my short visits there. Return to UK with both my old passport (with CoE-RoA) and my new passport. Then apply to renew my CoE-RoA in UK, and explain this to the immigration officer at the airport when asked about it. Is that right?

No. Without the PRC/DCPR replacement (settled status under the EU settlement scheme) or a valid CoE, your only sure way in after 2020 will be to stroll through the e-gate no questions asked. I'm not sure whether you would be allowed to lie to an immigration officer that you were only on a visit - only that such lying was explicitly not criminalised in the Immigration Act 1971 Section 24A.

I would not lie to immigration. I would explain that I renewed my passport in Malta during my holiday (usually just a week or so) and that I will be applying to renew the CoE-RoA in UK.

Cordina wrote: ↑

Wed Feb 26, 2020 1:09 pm

I would not lie to immigration. I would explain that I renewed my passport in Malta during my holiday (usually just a week or so) and that I will be applying to renew the CoE-RoA in UK.

Then from what I can make out from the current instructions and Immigration Rules, your claim to have Right of Abode would be formally disbelieved. As you were returning to the UK for settlement, and had no appropriate visa, you should be refused entry and sent back to Malta. I hope I've misunderstood.