UKM question

[pinhead]

I have lived and worked in the UK since 1993 on a CoE right of abode, I would like to apply for my citizenship through form UKM, only I have a criminal conviction for common or simple assault for which I received a fine in 1986 in Canada. Will I be denied because of this one conviction from 32 years ago?

[Obie]

You should be fine. How did you obtain the right of Abode, if i may ask, as it may be the case that you are already a British citizen, which is why it was issued to you, although i am also mindful of the fact that it is not everyone with a right of Abode that at British Citizen.

[pinhead]

Through my Mother she was born in the UK.

[pinhead]

I just lost my job today due that fact that my work said my right to work was no longer valid as my old passport had expired. I got my new Canadian Passport 2 weeks ago but I've been having trouble finding a professional person to sign as a reference for my UKM application as I have no friends who fit that description of professional. I have no solicitor or accountant or bank manager and not sure what I'm going to do now? I'll be homeless within a month. I had worked that company since 2001 and they fired me by email.

[secret.simon]

I just lost my job today due that fact that my work said my right to work was no longer valid as my old passport had expired. I got my new Canadian Passport 2 weeks ago but I've been having trouble finding a professional person to sign as a reference for my UKM application as I have no friends who fit that description of professional. I have no solicitor or accountant or bank manager and not sure what I'm going to do now? I'll be homeless within a month. I had worked that company since 2001 and they fired me by email.

Did you apply to transfer the CoE-RoA to your new passport?
Also, did you work for a VAT registered company? Any manager/director of such a company can be a professional referee. I had got the manager of one of the other teams where I work (not in my direct line-of-command) to sign for me.

Spinning your post into a separate thread as it does not have anything to do with good character requirements.

[pinhead]

I did ask them 2 weeks ago if someone there could sign my application and I didn't hear from them till today and by email only. The problem is I work for them on a zero hours contract so I have any recourse. And no I've only had my new passport for 2 weeks and so I was just going to apply for my UKM as I can't afford a new right of abode they don't just let you transfer them anymore you have to pay over £300 and fill out a new application for one which is not what I was led to believe when I got mine in 1993, I was told I live and work in the UK for as long as I wanted and when I got a new passport I could have it transferred for free onto my new passport. But from what I see that is no longer the case. So I guess homelessness is in my future.

[Richard W]

I just lost my job today due that fact that my work said my right to work was no longer valid as my old passport had expired.

It's probably no consolation that this is a version of the Windrush problem. They were wrong - you still have the legal right to work, not that the Home Office cares.

[Obie]

If you got a right of Abode through your british mother, then you are british citizen.

May I ask which years were you born and if in 1983 or later, which month?

[Richard W]

If you got a right of Abode through your british mother, then you are british citizen.

May I ask which years were you born and if in 1983 or later, which month?

Pinhead was fined for assault in 1986. I rather think he was born before 1st January 1983, and therefore did not automatically acquire British citizenship from his mother.

[pinhead]

I received a voice mail from my work on Monday telling me that they were reinstating me right away as they had spoken with an immigration lawyer and found that they were wrong....I think it had something to do with an email I sent them over the weekend which I found on a freedom of information website which answered the question of whether I was still able to work once my passport had expired which was answered by the UKBA:
https://www.whatdotheyknow.com/request/ ... _in_the_uk

[secret.simon]

Your situation falls in a grey area and hence the uncertainty.

The link that you provided is dated 2010. A lot of water has flown under the bridge since then and immigration laws have tightened significantly.

There are two aspects to your case. Right of Abode is granted by the law if certain conditions are met and never expires, unless you lose your underlying Commonwealth citizenship. So, a CoE-RoA in a former passport and a current passport of Commonwealth citizenship to prove that you retain the underlying Commonwealth citizenship, should be sufficient to prove that you had Right of Abode in the UK.

However, as a part of the hostile environment, the government introduced rules that would fine companies upto £20,000 for any employee who did not have the right to work. The company would not be fined if it had a statutory excuse on file for that employee.

Annex A (Lists of acceptable documents for right to work checks) on Page 29 of An employer's guide to right of work checks lists "A current passport endorsed to show that the holder is exempt from immigration control, is allowed to stay indefinitely in the UK, has the right of abode in the UK, or has no time limit on their stay in the UK" as a statutory excuse. So, in theory, your current employer can get fined upto £20,000 for rehiring you, even though you do have Right of Abode in the UK, because the CoE-RoA is not in your current passport.

You can see why your current employer is on the horns of a dilemma.

[pinhead]

I have just got all my referees for my UKM application and will send in the application on Saturday. So hopefully it won't take too long to get an acknowledgement from the home office of my application then I can give that to my work.

[Richard W]

Your situation falls in a grey area and hence the uncertainty.

How so? A CoE to RoA in a current passport is in List A, so once presented the employer has his statutory defence for the duration of the employment. The dismissal was clearly unfair, even if Pinhead has no employment rights.

So, in theory, your current employer can get fined upto £20,000 for rehiring you, even though you do have Right of Abode in the UK, because the CoE-RoA is not in your current passport.

I believe Pinhead was re-instated, not rehired. I believe that makes a big difference.