Chapter 1 Section 1 (right of Abode) of the Immigration Directorate Instructions make chilling reading. Right of Abode does not mean citizenship nor is it exclusive to citizens. There are several classes of people who qualify for it. No, but having right of abode is what makes British citizenship r...

Tosh. However, it's a good example of how badly the regulations can be drafted.

It's hard to see how it would not exclude any EU-citizen husband and wife where only one has been working and the other has not had Comprehensive Sickness Insurance (CSI). Are you suggesting that the caseworker has misread the antipolygamy provisions? If you are subtly accusing me of exaggerating th...

The caseworker who kept your passport and wrote the letter to you should have been better trained . Is it implausible that the Home Office has started, in advance of a vote to remain in the EU, to apply the 'clarification' that "The concept of marriage of convenience - which is not protected u...

Or is this not an exception, because passportless citizens only lack the right to enter at ports? 'Passportless' citizens have the right to enter their own country regardless of the port of entry. We are required to enter using a passport for the UK (and for the U.S. and probably many other countri...

Some sources say that there is a difference between the 'habitually resident' (relevant for benefits) and 'ordinarily resident' (relevant for NHS charges).

The "Prior lawful residence" requirement will also often stop Frenchmen bringing their non-EEA wives from outside the EEA to the UK more easily than can British citizens in the UK, and this is something David Cameron exulted about.

So what I had found was basically correct. I don't know who has been giving her the FUD that the child will not be able to get any 'benefits' by lieu of not physically being born in the UK. Not that we have thankfully ever needed to make use or or hope to in the future (except NHS occasionally) .. ...

What kind of trouble will I get when I come back to the UK. So long as you don't lie, there may be some delay while the evidence that you are British is double checked. I don't know if there is any practical alternative to carrying your naturalisation certificate. Explain that you haven't had time ...

Mrs.P wrote:Many thanks for the reply. Any idea where I can contact the home office to explain my situation please.

Not really - can only go on what Azlan6 reported earlier in this thread.

As Casa said, you may not get a consistent answer.

The situation is quite nuanced. But in some ways it is quite simple. All children (i.e. minors) who have right of abode are British citizens. There are other people who have right of abode. They are either British citizens or are Commonwealth citizens over 30 years old. Not all Commonwealth citizen...

Precise knowledge is not available - unless you know someone with the responsibility to draft the new directive. The proposed 'complementation' of the directive is considered, at least in Danish circles, to reverse the Metock judgement. I therefore think the requirement that people entering an EEA c...

Another complication - since Bulgaria doesn't recognise same-sex marriages, there is no legal basis for me to change my name on my Bulgarian passport, hence the whole thing of having a British passport!!! Do you need a legal basis to change the name you use in Bulgaria? The ideal solution is to cha...

We don't know what the new directive will be and your case exposes a lot of the ambiguities. The biggest problem is that Frigglekick's German partner's past residence in the UK might disqualify Frigglekick. That would depend on the precise wording. The next problem is the meaning of 'prior residence...

So far as I can tell, the OP could do an English test, leave the UK and return and then apply for FLR(M), though until the application was lodged, she would be at risk of being administratively removed for abusing freedom of movement. After 5 years and a few thousand pounds, and passing LitUK, she w...

I just found out about returning my brp within 5 days. I am in a dilemma, my citizenship ceremony is on 15th of march and I am travelling on 31st of March. Can I possibly return my BRP card after the ceremony and travel on my birth country passport (we are allowed to have dual nationality) and when...

See transliteration section: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/118564/Names-changes-of-name.pdf If that doesn't cover your scenario you may be entering the murky and challenging area of name change: https://www.gov.uk/government/publications/change-of-name-gu...

The guy on the phone told me that I will have to have the same name in my National ID (EU), Passport (EU) and my UK Passport. I told him that I don't have any other passports or ID cards. He then said "Then why did you say otherwise on your interview?" WTF?? :evil: I have definitely not s...

Yes, unless a grant of ILR, a permanent residence card in an expired passport provides an employer with the statutory excuse. See the guide linked to from acceptable right-to-work documents: an employer's guide.

Does not this protect NE14U from removal from the UK? Being Italian won't protect you in theory, unless you are exercising your treaty rights. EU law does provide some protection against deportation. According to the regulations EU/EEA nationals can only be deported on grounds of public health, pub...

Anyway, now you are Italian what does it matter. I can think of three rights that PR convey, that might make it attractive to a young EU citizen, though the OP may deny that they have any appeal. Firstly, it grants the free-standing right to be economically inactive and depend on the NHS. (Perhaps ...

I filled online applications for a family of 4 (me, DH and our two kids ages 6yrs and 1month ). Can someone please help me? 1. Do I send the declaration forms, supporting documents etc for EVERYONE in ONE envelope or separate envelope for each applicant? The passport office certainly used to say th...

Also to mention, no citizen can be denied entry into their own country. This is part of the Universal Declaration of Human Rights to which the UK is a signatory. What about CUKCs who didn't qualify for entry to the United Kingdom? It's a criminal offence for a British citizen subject to a temporary...

OK, unless anyone comes up for a reason or argument against, I shall create that new section tomorrow. How long will the threads remain accessible? To emphasise what I said before, discussions about the restriction to EU freedom of movement will be just as applicable one month after a vote to remai...

I did have a look through the Spanish Ministry for Work and Social Security website for Foreigners - but no, I'm not aware of the rules you mentioned. I know they made some significant changes in 2012 or thereabouts. Do you have a reference or link I can study? I did find what looked like a report ...