Immigration Corner | Obtaining a certificate of entitlement

Dear Mr Bassie,

I do not have a British passport, but I am entitled to live and work in the United Kingdom. I would like to know what document could be obtained as proof.

KE

Dear KE,

Persons who have right of abode are allowed to live or work in the United Kingdom without any immigration restrictions, which means:

• They will not need a visa to go to the United Kingdom

• There is no limit on the length of time they can spend in the country

Please be aware that all British citizens automatically have right of abode in the United Kingdom, and some Commonwealth citizens may also have right of abode.

Persons can prove they have right of abode if they have a UK passport describing them as a British citizen or British subject with right of abode. Otherwise, they will need to apply for a ‘certificate of entitlement’.

Please note that persons can apply for a certificate of entitlement to prove they have right of abode in the UK. The certificate of entitlement will go into a passport. Persons will need to apply for a new certificate when their passport expires.

Applicants should be aware that they cannot get a certificate if they already have a British passport or a valid certificate of entitlement in another foreign passport. How persons apply for a certificate of entitlement will depend on whether they are inside or outside the United Kingdom.

APPLY IN THE UK, CHANNEL ISLANDS OR ISLE OF MAN

A certificate of entitlement costs £372 in the UK and persons should read the guidance to check if they can apply. They should fill in the form online, and they will usually be able to keep their documents while their application is being processed. Please be aware that there are also other ways to apply.

Applicants can also get assistance with completing the form online if they do not feel confident using a computer or mobile device and/or they do not have Internet access. This service is only available when applying while in the United Kingdom. Also, persons cannot get immigration advice through this service.

APPLY FROM OUTSIDE THE UK OR FROM A BRITISH OVERSEAS TERRITORY

If applying from outside of the UK, or if residing in a British overseas territory, those persons must apply online. A certificate of entitlement costs £388 outside of the UK.

IF THE APPLICATION IS REFUSED

The application fee will not be refunded if the application is refused because he/she does not qualify for right of abode or he/she does not send in enough evidence to support your claim.

Persons will be told how they can appeal if their application is rejected. They will not have a right of appeal if their rejected application was received on or after April 6, 2015.

Please note that if the application was made in the UK, persons can apply to have the application reconsidered if they believe UK Visas and Immigration did not make the decision in line with the law or their policy.

Good luck!

John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Court-appointed mediator, a Fellow of the Chartered Institute of Arbitrators, a chartered arbitrator, deputy global president of the Chartered Institute of Arbitrators and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com