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entering UK w/ naturalization cert & US passport w/o ROA

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

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gortivy
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Joined: Tue Jul 22, 2008 10:42 am

entering UK w/ naturalization cert & US passport w/o ROA

Post by gortivy » Thu May 03, 2012 12:40 pm

Hi,
I'd appreciate some help regarding traveling on a non-UK (US) passport without a Right of Abode sticker/ relying on my old ILR sticker and naturalizatin certificate.

I received my UK citizenship 2 weeks ago, and have some travel booked next week (domestic, but I need a passport for airline ID), and then again 6 weeks later (to France); I booked this awhile ago, before getting my citizenship. When applying for citizenship, I was not aware of the need for a ROA sticker to be put in my US passport.

Basically, I do not have enough time to get a UK passport before either of these trips (or a ROA sticker for that matter), as they say a minimum of 6 weeks is needed to process these.

When traveling back to the UK from France, can I use my US passport with ILR, and bring a certified copy of my Naturalization Certificate with me as backup? All of this travel will be completed within 3 months of getting my citizenship.

Has anyone had experience with this?
Many Thanks

friendinneed
Member
Posts: 189
Joined: Sat Oct 02, 2010 12:08 pm

Post by friendinneed » Thu May 03, 2012 1:02 pm

We had similar issues with traveling on a non-EEA passport with a PR stamp (similar to ILR) post getting BC but to complicate matters further for us is that the passport is in maiden name and BC is in married name (though mentions maiden name).

I was advised on here and by the UKBA call centre that the previous rights are immediately cancelled by becoming BC and effectively you cant use it but ultimately it is the decision of the officers at the border at the point of getting there and they suggested speaking to the CIO at the port that we would be returning through.

I spoke to them and they advised they'd never heard of the above and it was "stupid" if that is the case. He said to bring the naturalisation cert and that he would put notes on their system (CID) to confirm he had approved entry under the married name.

When we got to the border, naturally went through the non-EEA channel, the guy looked at the non-EEA passport, asked how the PR was qualified for and then let us through without any issues. As far as I am aware there is no link on their system between the two names so never even looked at the note from the CID.

I suspect you will be fine if you just go with your ILR and going through the non-EEA channel but it may be sensible to speak to the CIO before you depart to ensure they have the same view.

Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Thu May 03, 2012 2:31 pm

I concur with friendinneed's advice.

Keep the Naturalisation Certificate in the hand luggage as a back-up and just enter as normal as you did previously with ILR. Save your time and don't start to explain the situation to the IO. Just fill in a landing card, smile and go to collect your bags.

The main disadvantage you will face is going through the non-EU lines. With the recent chaos in Heathrow, I suggest you bring a good book with you.


@friendinneed - The advice you were given by the HO is correct if she was under the UK immigrations rules but not if under the EEA regulations. The HO can't cancel a right under EEA regulations as they are not the ones who gave it in the first place !

Under EEA regulations, rights are obtained by your activities and not by the HO. A PR status can be lost if you are away from the UK for more than 2 years or if revoked by the HO due to public security/health. It is not cancelled by becoming British (although it might become meaningless at the point).

Might seem technical but it is important that people understand that the HO confirms the existence of a right, it does not confer a right.

friendinneed
Member
Posts: 189
Joined: Sat Oct 02, 2010 12:08 pm

Post by friendinneed » Thu May 03, 2012 4:33 pm

I realise the HO is generally just recognising rights rather than conferring them in EEA cases but my knowledge is not extensive and I have read of some issues when a person has dual nationality about being able to claim their EEA rights rather than British when you are a BC + say Irish

Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Thu May 03, 2012 4:43 pm

This is true although there is a difference between someone who acquired British nationality through naturalisation and kept his old citizenship and someone who is British from birth, never left the UK and wants to use rights under his second nationality.

AlexS
Junior Member
Posts: 81
Joined: Wed Mar 21, 2007 1:33 pm
Location: London, UK

Post by AlexS » Fri May 04, 2012 10:13 am

Since gortivy mentioned the subject, just out of curiosity.
I don't have any travel booked (not until late October at least), but what would happen if I try to enter the UK with an expired residency sticker on my non-EEA (valid) passport, and my naturalization certificate?

My idea is that the immigration officer will have to run a few more checks, but in the end they cannot deny entrance to UK to a British citizen.
-----
Alex

Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Fri May 04, 2012 11:01 am

AlexS wrote:Since gortivy mentioned the subject, just out of curiosity.
I don't have any travel booked (not until late October at least), but what would happen if I try to enter the UK with an expired residency sticker on my non-EEA (valid) passport, and my naturalization certificate?

My idea is that the immigration officer will have to run a few more checks, but in the end they cannot deny entrance to UK to a British citizen.
Did you apply for BC without having a PR confirmation (EEA4 form?)?

I assume you are non visa national, otherwise you won't be able to board the flight.

You are right in that you would be let in but it might take a few more minutes while they verifying your BC.

AlexS
Junior Member
Posts: 81
Joined: Wed Mar 21, 2007 1:33 pm
Location: London, UK

Post by AlexS » Fri May 04, 2012 2:06 pm

Jambo wrote:
AlexS wrote:Since gortivy mentioned the subject, just out of curiosity.
I don't have any travel booked (not until late October at least), but what would happen if I try to enter the UK with an expired residency sticker on my non-EEA (valid) passport, and my naturalization certificate?

My idea is that the immigration officer will have to run a few more checks, but in the end they cannot deny entrance to UK to a British citizen.
Did you apply for BC without having a PR confirmation (EEA4 form?)?

I assume you are non visa national, otherwise you won't be able to board the flight.

You are right in that you would be let in but it might take a few more minutes while they verifying your BC.
Yes.
Yes.
That's what I thought :)
-----
Alex

gortivy
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Joined: Tue Jul 22, 2008 10:42 am

Post by gortivy » Fri Jun 01, 2012 4:33 pm

thank you everyone for the advice, especially freindinneed & Jambo - I feel much less anxious about traveling now!
When I travel with my husband (UK citizen) I am allowed to go thru passport control with him (so EU channel rather than non-EU channel), so that may help as well.
If anyone else has any advice on this topic, I'd appreciate it!
Thanks

Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Fri Jun 01, 2012 4:40 pm


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