Canadian with some queries

[neilbolton]

Hi,

Apologies if I've missed any FAQs or stickies, but I think this is a little complicated, or it may be very sensible.

Situation is this:

I am 39 year old, born in Canada with Canadian passport, to a British Mother. I entered the UK in 1978 and had an indefinite leave to remain stamp added to this passport.

Fast forward to 2010, I have a Right of Abode application awarded and a vignette inserted into the Canadian passport, which expired in March 2016.

I have recently been offered a role in a large organisation whom is doing the appropriate Right to Work checks. As I do not have evidence of a current Right of Abode vignette in my current passport, they are saying I cannot start the role.

My question is this: What is the quickest way for me to get to a situation where I can produce valid evidence of a right to work?

Can I or is it easier to:

1. Just apply for a British Passport, given that I have descent through my mother and I was born before 1983, I am married to a British Citizen, lived here for 28 years and have indefinite leave to remain.
2. Just suggest they use the evidence of the Indefinite Leave to Remain in the (very) old expired passport?
3. Give in and just apply for the Right of Abode

Regarding the application for 1st British Passport, I'm being given indication from the passport office that I may need to apply for the UKM form to show descent through my mother before applying for the passport, and other advise from the passport office is that I could apply for a Status Letter also.

Basically, I'm massively confused, and really would rather not have to apply for another ROA, but it does seem like this is the most straightforward way!

Your advice and help is welcomed.

[CR001]

1. Just apply for a British Passport, given that I have descent through my mother and I was born before 1983, I am married to a British Citizen, lived here for 28 years and have indefinite leave to remain.

You are not automatically British. You need to register as British on form UKM as you were born before 1983. Only once you have approval on UKM, can you apply for a British passport.

2. Just suggest they use the evidence of the Indefinite Leave to Remain in the (very) old expired passport?

You can't. The rules have changed and now new employers require that you have a Biometric Residence Permit (BRP) evidencing ILR. Previously you would have been able to use your old passport, but no longer the case. I think you can use the in person on the day decision service to do this and the BRP is sent to you by courier within 10 days. This would likely be the quickest route.

3. Give in and just apply for the Right of Abode

Can do this, but it is a postal application and can take a couple of months.

[ohara]

The RoA sticker expires at the same time as the passport which contains it.

As said above, you have a lifelong entitlement to register as a British citizen.

https://www.gov.uk/government/publicati ... n-form-ukm

I believe it costs just £80. Once you have your certificate of registration, you are a British citizen and can apply for a British passport.

You can also use the certificate of registration as proof of your right to work.

[neilbolton]

Thanks all; looking back at my first passport that was used to enter the country I had in fact a 'Certificate of Patriality' - also valid only for the validity of that passport, not an 'indefinite leave to remain' that I thought I had.

I'm going to get the RoA application off today as once in the system, my employer is able to apply and contact the Home Office for Positive Verification Notice that effectively covers the business for six months whilst the application is in flight, with a follow up check in six months to ensure the correct right to work is in place.

This will allow me to start working (!) and I can then choose what to do regarding British Passport - the UKM route seems sensible.

However, I have received advice from the Passport office Nationality team that because I have right to citizenship through descent from my mother before 1983 I can simply submit my passport application and the officer will review the documents that I supply (things like mothers birth certificates etc.) and make their decision. They did not mention if the form UKM was mandatory?

[ohara]

Did the "adviser" understand that you have an entitlement to register as a British citizen by descent, not that you already are one?

While the nationality instructions do allow for discretion in treating a passport application as a citizenship application (usually in complex cases where the applicant does not realise they are not actually a British citizen already), I think it would be unusual in your case.

[neilbolton]

Did the "adviser" understand that you have an entitlement to register as a British citizen by descent, not that you already are one?

While the nationality instructions do allow for discretion in treating a passport application as a citizenship application (usually in complex cases where the applicant does not realise they are not actually a British citizen already), I think it would be unusual in your case.

ohara; I couldn't say - however I did fully explain my situation (i.e. everything explained above, especially regarding the mothers descent).

I hear what you're saying regarding discretion; I think for the sake of sanity, I'll get the RoA application into the system to allow my employer to satisfy their legal obligation, and then once I've got my passport back with the RoA, I can choose whether or not to go ahead with the UKM now or at a time that suits me better using the National Checking Service (so I don't end up not seeing my passport for months again - a problem when I travel for work).

Given the RoA provides freedom to live and work, and is valid for the 10 years of my crisp new Canadian passport (the whole reason why this is a pain in the bum), then British Citizenship is less of an issue.

Last question: When applying for the registration, given that it simply provides the right to apply for a British passport, I don't need to do anything with my RoA. However, if I choose to apply for my British passport, how does the RoA need to be destroyed/voided? Once again, I don't want to have to lose my passport for weeks on end again...

[ohara]

There have been cases on this forum where the passport office have made absolutely unbelievable mistakes, even not understanding the most basic of British nationality law, so it wouldn't be a surprise if they gave you bad advice.

Just so you know, the RoA sticker costs £272 at the moment. The UKM application AND British passport combined, costs less than this.

RoA is automatically cancelled if you get a British passport, so I assume that you would have to part company with your Canadian passport for some amount of time.

You can most likely do the UKM application at your local council NCS, and they will take a photocopy of your passport so you don't have to send the original. Even once you are a British citizen, you don't have to get a British passport. Unlike USA/Canada/SA etc, the UK doesn't care which passport you enter and exit the country with, even if you're a British citizen.

[neilbolton]

There have been cases on this forum where the passport office have made absolutely unbelievable mistakes, even not understanding the most basic of British nationality law, so it wouldn't be a surprise if they gave you bad advice.

Just so you know, the RoA sticker costs £272 at the moment. The UKM application AND British passport combined, costs less than this.

RoA is automatically cancelled if you get a British passport, so I assume that you would have to part company with your Canadian passport for some amount of time.

You can most likely do the UKM application at your local council NCS, and they will take a photocopy of your passport so you don't have to send the original.

I appreciate this HOWEVER, I am led to believe that I cannot have my employer check against the Home Office for Positive Verification Notice for for UKM. Can anyone confirm this?

[ohara]

Once your UKM application has been approved and you have your certificate of registration, you can use that as proof of your right to work.

[neilbolton]

Once your UKM application has been approved and you have your certificate of registration, you can use that as proof of your right to work.

That's my understanding; however my employer would be unable to prove my right to work UNTIL I have that; the Right of Abode route allows me to start the process and provide my employer with the reference number to get the Positive Verification Notice, whereas the UKM route does not have that facility.

As the Home Office just advised me, although the RoA cost would be wasted, I can then apply at my own leisure for the UKM and thus British Passport at any time (and the RoA cancelled once the passport awarded).