EU citizen but no passport! Am I illegal in the UK?

[lilicauk]

Hello everyone!

I have dual citizenship, Italian (by "blood line", my grandparents are Italian) and Chilean (where I was actually born).

I'm living, working, paying taxes etc in the UK since 1998, not married, no kids.
My Italian passport was first issued in South America and it was extended by the Italian Consulate in London with no problems at all; but when it came the time to issue a new one, it took them 3 weeks to get back to me saying they couldn't do it in the UK, it can only be done where the current passport was first issued, because I'm not registered with the Italian Consulate in the UK - I had assumed it was done when my passport was extended, but obviously it wasn't. Of course I sent the relevant forms to be registered straight away, but it can take up to six months for the process to be done and another 30 days to issue a passport.

The problem is, my current passport is valid until, well, 06/Feb/08! Obviously I cannot leave the country in such sort notice to have the passport renewed in Chile. I don't have an Italian ID card or a certificate of citizenship. I'm looking for a second job, but I'm afraid I'll have to hold the search now. Is there any other acceptable form to prove my citizenship? Or am I "illegal" until I have a valid form of ID?

Thank you for any help

[John]

I don't have an Italian ID card

Are you able to get an Italian ID card from the Consulate in London? If so, I think that solves your problem, given that Italian Citizens are able to enter the UK using either their Italian passport, or ID card.

And presumably, if you can get an ID card, you could go to Italy to obtain your new passport, rather than Chile?

[Dawie]

Well, whether or not you have an expired passport doesn't change the fact that you are an Italian citizen, so, no, you are not illegally in the UK.

Furthermore I think you'll find most employers will accept an expired passport as proof of your right to work in the UK. Just because your passport will have expired doesn't change the fact that you are an Italian citizen and therefore legally entitled to live and work in the UK.

[lilicauk]

Hi John,

Thanks for the reply.
According to the consulate I have to be registered with them to get the ID card too! Apparently I can only have a passport/ID issued where I'm registered - in my case right now, in Chile, but since I can't leave the UK without the documents I'm truly stuck!
By the way I have contacted both Consulates but who knows how long it'll take them to reply.

[lilicauk]

Thank you Dawie, I hope that's the case indeed!

[JAJ]

Hello everyone!

I have dual citizenship, Italian (by "blood line", my grandparents are Italian) and Chilean (where I was actually born).

I'm living, working, paying taxes etc in the UK since 1998, not married, no kids.

Have you thought about becoming a British citizen? (although you might lose your Chilean citizenship if you do).

[lilicauk]

Hello JAJ

Yes, I'm starting to look into it, it's a long and costly process, but I'm definitely considering it. Still I'd prefer to have a valid EU passport in hand to apply as it seems to make it a bit less complicated!

[Dawie]

Hello JAJ

Yes, I'm starting to look into it, it's a long and costly process, but I'm definitely considering it. Still I'd prefer to have a valid EU passport in hand to apply as it seems to make it a bit less complicated!

It's not a long process at all. Many people have their applications processed in less than 2 months from the time they submit their applications. You do not need a valid passport either, an expired one will suffice to prove your identity to the Home Office.

[John]

It's not a long process at all.

Well the whole process could be long! Depends how long it takes to study for and pass the Life in the UK Citizenship test.

Clearly PR status is already held.

But once test passed, as Dawie has already said, it is quite a quick process in the UK, unlike in Italy.

[lilicauk]

Thanks for the replies, I didn't know I could use an expired passport for British citizenship, I'm going to look into it straight away then.
For two colleagues it took them over 6 months and at least 3 tests before they've passed, it discouraged me somehow, but it seems I could get it all done even before the Italian Consulate registers me!

[Dawie]

With respect, there's absolutely no reason why someone with reasonable English and of average intelligence shouldn't pass the test first time.

[John]

....... with sufficient study, I totally agree! But without sufficient study, someone is always going to struggle.

[Dawie]

....... with sufficient study, I totally agree! But without sufficient study, someone is always going to struggle.

That goes without saying of course!

[paulp]

The NCS officer told me that there is a 25% failure rate for the Life in the UK test.

[John]

It does, but it continues to surprise me when people continually fail the test. In my opinion a total waste of time and money sitting the test unless someone has studied sufficiently.

Merely living in the UK ..... sometimes for many years .... is insufficient for the purpose.

[thirdwave]

The NCS officer told me that there is a 25% failure rate for the Life in the UK test.

TBH, I`m speechless!!!But then I suppose anyone who can`t be a@sed to read half a dozen chapters from a book aimed at 10 year olds doesn`t deserve to settle in this country..

[Marco 72]

Hello everyone!

I have dual citizenship, Italian (by "blood line", my grandparents are Italian) and Chilean (where I was actually born).

I'm living, working, paying taxes etc in the UK since 1998, not married, no kids.
My Italian passport was first issued in South America and it was extended by the Italian Consulate in London with no problems at all; but when it came the time to issue a new one, it took them 3 weeks to get back to me saying they couldn't do it in the UK, it can only be done where the current passport was first issued, because I'm not registered with the Italian Consulate in the UK

Why can't you register with the Italian consulate in London? In fact, they should have asked you to do that. Under Italian law you have to register with AIRE (Registry of Citizens Resident Abroad). Ask them for an AIRE form, fill it in and give it back to them. It may take several months to get processed, but that's Italian bureaucracy for you...

By the way, don't write to the consulate - call them or (better) go there.

You shouldn't need a current passport to prove that you are an Italian citizen.

[lilicauk]

Hi Marco,

Thanks for the reply.
I've sent the consulate the AIRE form the same day I heard back from them! You see, I thought I was in the AIRE because I had to fill a change of address form in 2003 when I had my passport extended! I should know better really having working for a government department many moons ago...

I know it can take months, that's why I'm worried because meanwhile I can't get a passport or ID card done - and they might get funny because the current passport is expired now. But it seems I can prove I'm entitled to live/work here even with a recently expired passport; and I'm going to look seriously to get British citizenship!

[Christophe]

The NCS officer told me that there is a 25% failure rate for the Life in the UK test.TBH, I`m speechless!!!But then I suppose anyone who can`t be a@sed to read half a dozen chapters from a book aimed at 10 year olds doesn`t deserve to settle in this country..

That's true. But we need to remember that not everyone is used to studying anything - that's not to make any comment about innate intelligence, but some people just have not been "trained" as students. Also, some people who immigrate to the UK are not literate, or are only barely literate, in their first language; while literacy if of course to be encouraged, we need to remember that too.

However, I agree that the groups I mention above wouldn't account for a 25 per cent failure rate.

[Marco 72]

Actually it seems like the embassy gave you the wrong information. According to their own website

An Italian citizen abroad can request the issuance/extension of a passport at a consular jurisdiction in which he/she is not a resident, but in that case it is necessary to wait for the "NULLA OSTA" (clearance) of the Office (Italian Consulate or Police Commissary) authorised for the area in which he/she resides.

However, it can take a long time to get the "nulla osta". In my case a few years ago it took about 3 months.

[lilicauk]

Marco,

That's how it was done last time when I extended my current passport (took a few weeks then), when I was asked to fill in an AIRE change of address form "to make the process quicker next time". Apparently it wasn't a full AIRE registration form so for all purposes I'm not fully registered
The Consulate in Chile is aware of the situation too so hopefully is just a question of waiting now.

[Marco 72]

Marco,

That's how it was done last time when I extended my current passport (took a few weeks then), when I was asked to fill in an AIRE change of address form "to make the process quicker next time". Apparently it wasn't a full AIRE registration form so for all purposes I'm not fully registered
The Consulate in Chile is aware of the situation too so hopefully is just a question of waiting now.

Well, I'm glad I don't have to deal with Italian bureaucracy any more since becoming a British citizen. To be honest the situation in Italy has improved considerably over the last 10-15 years or so (even though it's still bad by British standards). However the consulates and embassies seem to be stuck in the 1980's.