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British Overseas Citizen Passport

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gollywood
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British Overseas Citizen Passport

Post by gollywood » Fri Apr 25, 2008 2:57 pm

I'm posting on behalf of a good friend - hope someone can provide a response:-

My 88 year old grandmother travelled from Pakistan in December 2007 to England with myself.

At the Airport in Karachi, Pakistan, she was told that she could not travel to the UK on her passport (even thought it still had 5 years validity remaining). I was told she did not have the neccessary 'stamps' in her passport.

My understanding was that she had a British passport so could travel.

Eventually, with 30 mins remaining to departure, they agreed to let her travel as long as I bought a return ticket.

Once arriving in the UK, we had the same hassel at London Heathrow - but they let her through after we showed them our return tkt.

I work abroad and only returned back to the UK last week, hence this delay in seeking advice.

I have a few questions:-

1) Why were the Pak authorities refusing to let her travel
2) What is a British Overseas Citizen Passport?
3) What were the UK authorities looking for on the passport?
4) Why did they let her travel if she was initially being refused
5) Is there a time limit on how long she should be here?
6) Does she have any recourse to public funds


Many thanks for you time and assistance in this matter - apologies for appearing on the thick side, but I've never hadto deal with any immigration type of issue before - and never travelled with anyone holding this type of passport.

gollywood
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Post by gollywood » Fri Apr 25, 2008 2:59 pm

(Like I stated, I'm posting on behalf of a good family friend, and will get him to provide any further details should you require them)

JAJ
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Post by JAJ » Sat Apr 26, 2008 3:15 pm

What exact passport does she have (you didn't say specifically) and how did she get it?

Is she a citizen of any other country?

gollywood
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Post by gollywood » Sat Apr 26, 2008 7:38 pm

JAJ wrote:What exact passport does she have (you didn't say specifically) and how did she get it?

Is she a citizen of any other country?
THanks JAJ :D

- She has a British Overseas Citizen Passport [Valid for 10 years]
- Moved from Kenya to UK
- Has had this type of passport for about 20 years+
- She also has a Pakistani passport (Dual National)

Spends half the year in Pakistan, and the other in UK amongst her family in both countries.

PaperPusher
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Post by PaperPusher » Sat Apr 26, 2008 7:48 pm

gollywood

Is there a stamp in the passport?

If there is a stamp that would answer the question about length of stay & access to public funds.

See Immigration Rules Part 1 for more info about BOC who come as visitors - does this apply?

I am no good at nationality law, I'll leave it to others, but here is a PDF:
General Information about British Overseas Citizenship

PP

(edited because forgot PDF link)

gollywood
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Post by gollywood » Sat Apr 26, 2008 7:52 pm

PaperPusher wrote:gollywood

Is there a stamp in the passport?

If there is a stamp that would answer the question about length of stay & access to public funds.

See Immigration Rules Part 1 for more info about BOC who come as visitors - does this apply?

I am no good at nationality law, I'll leave it to others, but here is a PDF:
General Information about British Overseas Citizenship

PP

(edited because forgot PDF link)
I'll ask my friend to email me a copy of her passport - thanks.

JAJ
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Australia

Post by JAJ » Sun Apr 27, 2008 2:24 pm

A British Overseas Citizen passport does not give a right of abode in the United Kingdom.

gollywood
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Post by gollywood » Sun Apr 27, 2008 10:58 pm

OK gents, got hold of this UK Passport.

On Page 32 is typed "THE HOLDER IS ENTITLED TO RE-ADMISSION TO THE UNITED KINGDOM"

And thats about it! No more information.

-Quite a few Exit' stamps from various journeys from Pakistan

-According to the passports, my friend's grandmother travels to the UK on the UK passport over the last 5-6 years, but all her return journey's to Pakistan have been on her Pakistani passport.

-It doesnt state anywhere how long she can remain in the UK - no date stamp etc.

WHat should he read into this? Does she have to return within 6 months etc etc etc.

Any other implications?

JAJ
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Post by JAJ » Mon Apr 28, 2008 1:33 am

gollywood wrote:OK gents, got hold of this UK Passport.

On Page 32 is typed "THE HOLDER IS ENTITLED TO RE-ADMISSION TO THE UNITED KINGDOM"

And thats about it! No more information.

-Quite a few Exit' stamps from various journeys from Pakistan

-According to the passports, my friend's grandmother travels to the UK on the UK passport over the last 5-6 years, but all her return journey's to Pakistan have been on her Pakistani passport.

-It doesnt state anywhere how long she can remain in the UK - no date stamp etc.

WHat should he read into this? Does she have to return within 6 months etc etc etc.
Unlike others, British Overseas citizens who are granted Indefinite Leave to Remain are allowed to keep that status if living overseas.

So there should be no problem in her travelling to the U.K. with this passport as many times as she likes.

I see no reason why a return ticket should have been necessary.

How long did she live in the United Kingdom for?

gollywood
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Post by gollywood » Mon Apr 28, 2008 9:59 am

JAJ

Apparently his grandmother has travelled on this passport a dozen times - and there has never been an issue at the airports.

Perhaps the Airport authorities simply missed or failed to understand this line:

"THE HOLDER IS ENTITLED TO RE-ADMISSION TO THE UNITED KINGDOM"

Next question - does she have recousre to public funds if she had to? e.g Council tax benefit / Winter fuel allowance ? DLA & Incapacity Benefit etc etc

penanglad
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Post by penanglad » Mon Apr 28, 2008 11:15 pm

She does - she is essentially has no limitations on her residence in the UK.

gollywood
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Post by gollywood » Tue Apr 29, 2008 12:24 pm

penanglad wrote:She does - she is essentially has no limitations on her residence in the UK.
Thank you for that.

Any reason why the Airport authorities made them buy a return tkt and gave them so much grief?

JAJ
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Post by JAJ » Wed Apr 30, 2008 2:53 am

gollywood wrote: Any reason why the Airport authorities made them buy a return tkt and gave them so much grief?
Not understanding the law?

gollywood
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Post by gollywood » Wed Apr 30, 2008 10:37 am

JAJ wrote:
gollywood wrote: Any reason why the Airport authorities made them buy a return tkt and gave them so much grief?
Not understanding the law?
Well their failure to understand their own laws cost my friend £300 - and when he tried to get a refund, the airline kept 30%!!!

Expensive and stressful!

Thanks again for your help guys.

JAJ
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Post by JAJ » Thu May 01, 2008 2:07 am

gollywood wrote:
Well their failure to understand their own laws cost my friend £300 - and when he tried to get a refund, the airline kept 30%!!!
Has he lodged a formal complaint with the airline?

gollywood
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Post by gollywood » Thu May 01, 2008 12:35 pm

JAJ wrote:
gollywood wrote:
Well their failure to understand their own laws cost my friend £300 - and when he tried to get a refund, the airline kept 30%!!!
Has he lodged a formal complaint with the airline?
I asked - he says he hasnt because Pakistani airlines are a nightmare to deal with if you value your sanity, you avoid them!

penanglad
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Post by penanglad » Fri May 02, 2008 10:19 pm

To be fair, even many UK immigration officers don't understand how to deal with BOCs with right of readmission. It would be clearer if the endorsement said "Holder has the right to readmission to the UK without conditions"

Christophe
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Post by Christophe » Fri May 02, 2008 10:31 pm

penanglad wrote:To be fair, even many UK immigration officers don't understand how to deal with BOCs with right of readmission. It would be clearer if the endorsement said "Holder has the right to readmission to the UK without conditions"
I suppose so... but it's not really very complicated! Hey ho...

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