Work & Expired Certificate of Right of Abode

[ClaretGeoff]

Hi,
Sorry I know this has probably been covered somewhere

My Canadian passport with the Right of Entitilement Certificate expired last year. I have a new Canadian passport but due to getting married hadn't sent for the certificate renewal.

I do contract work and the agency provider has just changed and they've flagged this and said I can't work until I get a reference number showing I've reapplied

Does anyone know if I can hand this it at the offices and receive a reference number on the day? Or alternatively any case law etc which shows I do have right to work based on the expired details (unlikely I know)

Thank you

[ClaretGeoff]

Hi,
Sorry I know this has probably been covered somewhere

My Canadian passport with the Right of Entitilement Certificate expired last year. I have a new Canadian passport but due to getting married hadn't sent for the certificate renewal.

I do contract work and the agency provider has just changed and they've flagged this and said I can't work until I get a reference number showing I've reapplied

Does anyone know if I can hand this it at the offices and receive a reference number on the day? Or alternatively any case law etc which shows I do have right to work based on the expired details (unlikely I know)

Thank you

[CR001]

The premium service or in person process is not available for Right of Abode applications.

https://www.gov.uk/ukvi-premium-service ... he-service

You will need to apply for a new one to prove your right to work.

[Richard W]

Or alternatively any case law etc which shows I do have right to work based on the expired details (unlikely I know)

No-one should dispute that if you have right of abode, you then have the right to work. Any case law would relate to an employer who was caught out when he honestly believed his employee had the right-to-work when in fact he didn't, e.g. because the employee was an impostor.

Now, a certificate of entitlement to the right of abode is a 'List A' document; once you have produced it to an employer, you don't have to produce it again. My understanding is that if employees are transferred under TUPE, an employer (presumably the agency) can just use the excuses gathered by the original employer - see p20 of An Employer's guide to Right to Work Checks, linked to by a stabler page with much the same name.

[ClaretGeoff]

Hi,
Having a nightmare with this
I have sent off to have my Right of Abode visa put into my new passport.
My employer has done an audit of records and now noted my precious right of abode expired with my passport.
They say they can't continue to employ me until the new visa is received so I'm extremely worried
I can't speak to anyone at the Visa Office, for some reason Right of Abode is one of the visas you can't use a premium service and the employee checking service won't confirm my right to work, only that I've applied.
Has anyone any ideas what I can do? Anything in law that covers right to work whilst awaiting right of abode.

[member]

When did your "right of abode certificate of entitlement" expire?

[vinny]

Your employers are mistaken, if they had previously checked your CoE-RoA in a valid passport. It is in List A.