Re-entering UK with Citizenship Certificate?

[piglet]

Hello,

I am getting my Citizenship Certificate in early December - thanks for all your help here on the Forum.

I must travel for a week in early January. But my Aussie passport, with ILR stamp in it is expiring in mid December.
I have another passport, from former Yugoslavia, but it does not have ILR stamp in it. Since I will be getting British Passport in February (I hope), I don't see the reason to apply for the new Aussie passport now, it would be a waste of money, I don't really need it and it won't have ILR in it anyway.
My question is : will immigration officers let me back into the country (UK) if I show them, on my return, my Yugoslav passport and my certificate of citizenship, and if I explain to them that I am awaiting British Passport?
I have no idea what to do, the worst case scenario is to forgo the trip, which I really can't do for family reasons, and wait until I receive my British Passport. Or should I apply for Aussie passport, but what is the point, they will cancel my old Aussie one with ILR anyway?
Will they let me in with my citizenship certificate only + Yugo passport?

Thank you very much, Piglet

[VictoriaS]

I think that you should get a Right of Abode stamp on your Yugo passport instead, as I am not convinced that the immigration authorities will accept the citizenship certificate as evidence of your right to enter, as it is not an immigration document.



Victoria

[global gypsy]

Is former Yugoslavia a valid country today? Not sure if your old Yugo passport is even valid.

Suggest you go with renewing Oz passport.

[INSIDER]

Yes they will.

You might be delayed while checks are carried out but you can rest assured you will not be refused. I think the only problem you might face is from the airline, because if you don't have valid conditions in your Yugoslav passport they are within their rights to refuse you boarding.

I would also advise you to take youe expired Aussie passport with you as well.

[piglet]

Wow, thanks all of you for the quick replies

Yes, my ex-Yugo passport is valid, it is now called Serbia and Montenengro.

Victoria,

I wish I could get ROA so quickly, but since my citizenship ceremony is in mid December, and my travel 4 of January, there is no way I can do it for this particular trip. I am also planning to apply for the British Passport, so I don't really need ROA in the future

Hmmm, hard to know what to do...

INSIDER,

you sound very confident that they will let me back in (what about the airline?). Perhaps if I apply for the new Australian Passport, it would be easier, as they (Aussies) don't need a visa to enter UK anyway.
But I don't really need 3 passports, oh Dear, I don't know what to do, the time is so tight...

[VictoriaS]

I would call the port of entry now and ask them for advice. They are the only people who will be able to tell you what is likely to happen.


Victoria

[INSIDER]

I think that you should get a Right of Abode stamp on your Yugo passport instead, as I am not convinced that the immigration authorities will accept the citizenship certificate as evidence of your right to enter, as it is not an immigration document.



Victoria

The reason why I say piglet won't be refused is because since he has acquired UK nationality all the IO has to be satisfied about is his identity and nationality, arguably he would be able to prove both of these at the control.

[paulp]

piglet, Have you phoned the airline to ask them if they'll let your board on the return flight? Fighting with immigration here for a couple of hours is ok. Would you like to be fighting with airline staff abroad, with only 1 hour left before check-in is closed?

[piglet]

hihihi, it is a she-piglet, but never mind....

Thank you both,

I think it is a good idea to call port of entry, I'll do it tomorrow.

Insider,

I think that they may let me back in, but it sounds like a bit of a risk, such as depending on what IO I get. And there is still the question of the airline, they may be quite rigid, we don't know.

I think I will apply for the new Aussie passport, I just hope I can get the British one, perhaps they won't give it to me if I already have two other passports....unless the port of entry tells me that they will re-admit me with the COSitizenship.
Thank you as always,

Yours, Piglet

[piglet]

Paulp,

I think that you are perfectly right, I did think about it. Fighting with IO here is easier, as I will have all my documents (old passports, my English husband waiting at the airport, etc), but it is the airline that is the big question mark.

I think that I will be applying for the new Aussie passport, I know I can get it within 2 weeks...

[paulp]

Where are you flying to? The last thing I want before/after long flights is that kind of aggravation.

[piglet]

I am flying to Serbia to visit my family for Easter.

All of this is very risky, all depends what airline officer/immigration officer one comes across.

I really did not want to apply for a new Aussie passport, as I won't really need it any time soon, but it looks that it is the safest option in this case. At least, Australian nationals don't need a visa to enter UK, so they don't have the reason not to let me in on the plane back, even if I don't have ILR in the new passport.
It is a shame, I guess it is my fault, I should have applied for British Passport much earlier, but I didn't
Thanks for your imput!

[piglet]

Sorry, I meant to say for Christmas, not Easter

I think I need to go to bed, I need to get some beauty sleep for my passport photo (I know it won't help, but still)...

[JAJ]

I really did not want to apply for a new Aussie passport, as I won't really need it any time soon,

You need it to enter and leave Australia, and it's not a good idea to be without it in case you need to return in a hurry for some reason.

[global gypsy]

I think I will apply for the new Aussie passport, I just hope I can get the British one, perhaps they won't give it to me if I already have two other passports....

Oz and UK allow dual citizenship...don't know about Serbia.

[piglet]

Yes, I know I need it for Australia, but I don't go back there very often since I have lived in the UK. But still, it is good to have it just in case.

Yes, Serbia also allows dual citizenship, all 3 countries do.

I will definitely apply for Aussie passport before I go back to Serbia, it looks like I don't have a choice, but I guess it won't hurt to have it. I still won't have ILR stamp in it, but I hope that I can board the plane back, as Aussies don't need a visa to enter UK.
I will make some enquiries at border control, and if worse come to worse, I may forgo my trip before I get British Passport.
Thank you for all your imput and opinions, really appreciated.

[avjones]

As a naturalised UK citizen, you have the right of abode in the UK. The Immigration Rules say that:

Requirement for a person not requiring leave to enter the United Kingdom to prove that he has the right of abode

12. A person claiming to be a British citizen must prove that he has the right of abode in the United Kingdom by producing either:

(i) a United Kingdom passport describing him as a British citizen or as a citizen of the United Kingdom and Colonies having the right of abode in the United Kingdom; or

(ii) a certificate of entitlement duly issued by or on behalf of the Government of the United Kingdom certifying that he has the right of abode.

That is the letter of the rules. The guidance in addition states:

3. EVIDENCE OF RIGHT OF ABODE

a) Under section 3(9) of the 1971 Act, as amended by the British Nationality Act 1981 and subsequently by the Immigration Act 1988 and the Immigration, Asylum and Nationality Act 2006, a person claiming right of abode in the United Kingdom should prove it by presenting either

• a United Kingdom passport describing the person as a CUKC having the
right of abode in the UK (but such a passport will not be sufficient
evidence of right of abode after 15 June 2006); or

• a United Kingdom passport or an ID Card issued under the Identity Cards Act 2006 describing the person as a British citizen; or

• a United Kingdom passport or an ID Card issued under the Identity Cards Act 2006 describing the person as a British subject with the right of abode in the United Kingdom; or

• a certificate of entitlement

b) This superseded earlier legislation, which provided for the production of
alternative documentation in some cases. Under section 39(8) of the British Nationality Act 1981, a certificate of patriality issued under the 1971 Act and in force before 1 January 1983 is regarded as a certificate of entitlement unless, on that date, the holder ceased to have the right of abode. The certificate of confirmation of right of abode, a non-statutory document no longer in use, was issued for a brief period before commencement of the Immigration Act 1988 to dual nationals whose British citizenship gave them a claim to right of abode but who had opted to travel on non-British passports.

In addition, see:

3.2. Procedure

When a passenger presents a valid document as noted at paragraph 3 (above) he should, subject to paragraph 2, be accepted immediately as being exempt from control unless the immigration officer has reason to believe or suspect that the passport has been forged or falsified or that the holder has no right to the certificate of entitlement or the "confirmation of right of abode" document. The fact that a passport is out of date does not in itself render it invalid as evidence of nationality and identity, but this fact may justify the immigration officer in continuing his examination until he is satisfied on these points. Note that it is for the Immigration Officer to prove fraud, not for the passenger to disprove it.

[paulp]

Piglet, although we all know here that your ILR has been voided from the moment you naturalised, won't using your expired aussie passport with ILR stamp and valid yugo passport together get you through airline checkin? Immigration control shouldn't be too hard with both passports + naturalisation certificate.

[piglet]

Amanda, thank you for this excerpt


By "a certificate of entitlement ", do they mean "citizenship certificate"? If so, I understand that I can get back in with just my Yugo passport and the certificate

Paulp,

I don't really know. I hoped so, because my old Aussie passport will have expired just 15 days before my trip, so it would be obvious that I didn't have time to get any new passports before the trip.

I went and had my photo for my new Aussie passport taken today. Oh my God, if anyone tells me there is a place in London that takes photos that don't look like some washed out, pale, rabbit-in-headlights look alien, I am buying them a drink.
The problem is, Austr. High Commission is very strict about the photos, and there are only a couple of places in London that specialize in Aust. passport photo. I went to one and it is just awful! Now it makes me even less keen to have the new Aussie passport issued, I know this sounds terribly shallow, but I have to live with this mug shot for next 10 years!
I still don't know what to do, what Amanda has posted sounds like the certificate is enough, plus my Yugo passport, plus old Aussie with ILR, but I don't know. Maybe I risk this, if they refuse me boarding the plane, I will be stuck in my birth country anyway, at least I don't have to pay the hotel or anything. Although, after two weeks with my family, I am ready to catch the first plane to nowhere, but this is another story, not for this Forum...

I

[Decus et Tutamen]

I don't think you run the risk of being refused entry, but it's a question of how long a delay you're willing to tolerate at immigration whilst it is established that you have the right of abode.

Bear in mind that UK immigration officers are not trained in nationality matters and, whereas they can spot a British passport, a naturalisation certificate will mean nothing to them. Furthermore, the certificate contains only a name and date of birth and by itself does not constitute evidence of your nationality and identity, after all, it is a naturalisation certificate and not a travel document.

[piglet]

DeT,


Thank you. I am more and more veering toward getting the new Aussie passport, even though I hoped to avoid doing it as I won't really need it any time soon.
I still won't have any stamps in this new passport (no time for it before the trip), but at least I can argue with the airline that I don't need a visa to enter UK on an Aussie passport, and when I reach Heathrow, I will show immigration officers all my documents. As I won't be in a hurry once I get to London, I don't mind if they check it for as long as it takes.
I think this is the safest way in the circumstances (still not perfect, though, but it may work).
Thanks everyone, what a great Forum!

[paulp]

I don't really know. I hoped so, because my old Aussie passport will have expired just 15 days before my trip, so it would be obvious that I didn't have time to get any new passports before the trip.

People don't need to transfer their ILR to a new passport. It's enough to carry their old passport (with ILR or any other visa) and their new passport. In your case, you don't need a new passport because you've got another valid yugo passport.

The airline people won't know you've naturalised and the ILR is void. The immigration people will at most tell you off for using a voided visa.

[piglet]

Paul,

I am more worried about the airline people in Serbia then IOs for some reason.

Airline officers may not want to consider my expired passport with ILR, as it is not valid any more.
Sometimes they are very rigid, and they don't care if it is acceptable in Heathrow, they want it "black and white" if you know what I mean.

Also, another thing is that my old Aussie passport has my maiden name in it, as it was issued 10 years ago when I was not married. But my Yugo passport, which was issued at the later date, (and my eventual new Aussie passport) will have my current married name in it. Even though I have the marriage certificate to prove change of name, it looks to me that this is too many papers to carry, and too many things to prove. Grrrrh, everything has to be changed at the same time.
Even though I hate getting new Aussie passport that I don't really need, I think that in this case it is safer. At least I can get on that plane without too much explaining (I hope), and when I get to Heathrow, I am happy to explain as long as it takes, as I will have all the documents with me.
Thank you, in this case there was really no the unanimous reply, so it is better to reduce the risk of not getting on the plane as much as I can, even if it means getting the new Aust. passort that I don't really need.

[VictoriaS]

By "a certificate of entitlement ", do they mean "citizenship certificate"? If so, I understand that I can get back in with just my Yugo passport and the certificate

This is the point - I don't believe that the citizenship certificate is a certificate of entitlement...but I could be wrong.

Victoria

[JAJ]

By "a certificate of entitlement ", do they mean "citizenship certificate"? If so, I understand that I can get back in with just my Yugo passport and the certificate

This is the point - I don't believe that the citizenship certificate is a certificate of entitlement...but I could be wrong.

Victoria

It's not - a Certificate of Entitlement is a Right of Abode stamp (or endorsement) in a non-British citizen passport.