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I have right of abode can i remain in the UK

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matt67
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Joined: Mon Sep 19, 2011 12:16 am
Location: Bradford West Yorkshire

I have right of abode can i remain in the UK

Post by matt67 » Mon Sep 19, 2011 12:30 am

I am Australian and have right of abode in the uk as my mum and dad and grandparants were born in the UK and i was born to british national parants before 1983 my Australian passport with the right of abode stamp in it runs out in 10 years time can i remain here in the Uk after the passport runs out as i am here as a carer for my mother and are self employed here as a photographer .

And can i drive out here in the UK on a Australian drivers license .

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Mon Sep 19, 2011 4:45 am

Right of abode holders may remain in the UK indefinitely.
See also Driving in GB on a foreign licence.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Mr Rusty
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Joined: Fri Nov 09, 2007 1:09 pm

Post by Mr Rusty » Mon Sep 19, 2011 7:21 am

The Right of Abode still exists even if a passport has expired. However, please refer to Regulation 8 of this document, which is the Statutory Instrument covering the issue of Certificates of Right of Abode:-

http://www.legislation.gov.uk/uksi/2006 ... tents/made

So while the ROA may survive the expiry of a passport, the Certificate itself does not, and if you want to travel or prove your continuing right to work in the UK, you would be advised to renew it when you renew your passport.

I recall a thread some time back where an Aussie had lost his job because his passport or the ROA certificate had expired and the employer contacted UKBA who advised that he should not work without a current certificate. At the time I thought this was nonsense, but the sad fact is that apparently if you don't have a dog licence, you're not a dog.

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Tue Sep 20, 2011 12:14 am

It's odd that Employers can now accept evidence of indefinite leave to remain (ILR) in an expired passport, but apparently not a Certificate of Entitlement to the Right of Abode in an expired passport.

Consider naturalisation, if you're not already British.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

mrlookforward
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Post by mrlookforward » Tue Sep 20, 2011 11:35 pm

You are (most most likely :lol: ) a British citizen by descent already. Simply apply for a British Passport. End of story with your ROA stamp.

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