SNAFU with husbands Right of Abode cert...No Passport stamp!

[blaatgirl]

Walked into Los Angeles today with all my carefully organized documents (and I cannot emphasise organization is essential!) Handed over my passport, his passport, marriage cert, divorce decree and the other requested things. She hunted around his passport and said "where is his evidence of residency?" I said, well you have our lease agreement there. She said, "No, I mean, there is no stamp in his passport indicating he has entered the country." He has right of abode and that cert is clearly on the appropriate page. I waivered and said, I dont know, he goes through the British line and gets his iris scanned. He never gets a stamp.
She said not to worry, and processed all the other things and had me take a seat. I waited about 10 minutes and was called into an interview room. The ECM proceeded to explain that just becasue he has the certificate that does not assure residency. They are baffled why there are no stamps from the UK. I told her that he never does, never has and now does the iris scanning. I got a bit scared and waivered again, but she assured me that it was alright and I should go ahead with my plans of handing in my resignation, booking the moving company, and giving my landlord notice. She said "I am not refusing, just am not satisfied that this is acceptable. I have to call tomorrow, for time differences and will call you tomorrow as soon as I know"
Now, who would have thought that you needed stamps in your passport for this to go through. I thought that they would know about how the different passports work before being put in a postion of twisting knots in peoples bellys.
And nothing about this is said on the HO website nor any other forum or site we came across, and we did our homework thoruoughly! Anyone have similar situations? I just want the FedEx package with our passports to come back and mine with the Visa!

[yankeegirl]

What nationality is your husband?

[blaatgirl]

What nationality is your husband?

My husband is Australian. Just looked at the copy of his passport and it clearly is written 7 Feb 03. No stamp, just the cert. We speculate that they are checking out the validity through the UK govt in London and are just not saying it. I can understand... I guess.
Will be another sleepless night for us both until I get that phone call tomorrow.

[JAJ]

Walked into Los Angeles today with all my carefully organized documents (and I cannot emphasise organization is essential!) Handed over my passport, his passport, marriage cert, divorce decree and the other requested things. She hunted around his passport and said "where is his evidence of residency?" I said, well you have our lease agreement there. She said, "No, I mean, there is no stamp in his passport indicating he has entered the country." He has right of abode and that cert is clearly on the appropriate page. I waivered and said, I dont know, he goes through the British line and gets his iris scanned. He never gets a stamp.
She said not to worry, and processed all the other things and had me take a seat. I waited about 10 minutes and was called into an interview room. The ECM proceeded to explain that just becasue he has the certificate that does not assure residency.

That is completely wrong. If he has a Right of Abode stamp in his passport then he has an unqualified right to enter the United Kingdom. And that is enough to sponsor for a spouse visa.

How did he get Right of Abode? Did he have a British born mother? And is he also a U.S. citizen?

If the Consulate staff can't bring themselves to understand this then you will be justified in making a high level complaint to UK Visas management.

[yankeegirl]

That is completely wrong. If he has a Right of Abode stamp in his passport then he has an unqualified right to enter the United Kingdom. And that is enough to sponsor for a spouse visa.

Well, if that's the case, I wonder why the ECM wouldn't know that. In any case, hopefully the OP gets a positive phone call tomorrow!

[JAJ]

Well, if that's the case, I wonder why the ECM wouldn't know that.

Never, never, never assume that the people on the front desk of any government office know the rules. Often they don't.

[yankeegirl]

LOL, good point

[blaatgirl]

Walked into Los Angeles today with all my carefully organized documents (and I cannot emphasise organization is essential!) Handed over my passport, his passport, marriage cert, divorce decree and the other requested things. She hunted around his passport and said "where is his evidence of residency?" I said, well you have our lease agreement there. She said, "No, I mean, there is no stamp in his passport indicating he has entered the country." He has right of abode and that cert is clearly on the appropriate page. I waivered and said, I dont know, he goes through the British line and gets his iris scanned. He never gets a stamp.
She said not to worry, and processed all the other things and had me take a seat. I waited about 10 minutes and was called into an interview room. The ECM proceeded to explain that just becasue he has the certificate that does not assure residency.

That is completely wrong. If he has a Right of Abode stamp in his passport then he has an unqualified right to enter the United Kingdom. And that is enough to sponsor for a spouse visa.

How did he get Right of Abode? Did he have a British born mother? And is he also a U.S. citizen?

If the Consulate staff can't bring themselves to understand this then you will be justified in making a high level complaint to UK Visas management.

His mother is British born and he was born 1972 in Australia, qualifying his ROA. He did the miles of paperwork as well. They say "We dont know that he is actually in the UK now." WHAT? Did you not see our Letting Agreement signed and dated 27 May 07? Did you not see the sticker on the back of the passport from Air Canada (along with the mirads of Virgin Atlantinc ones) that say LAX - London. His employment contract, letter from said employer and his previous BT bills in his name from 2 residences within 7 years?
His mum emailed me earlier and said if this was a problem, he would have been kicked out long ago.
I found an article from the BBC that says it was going to implement the retina scanning to replace stamps... this is from 2002 and it only started in 2006, like the article said it would.
I hope to get good news tomorrow. We have no way for him to get any kind of passport proof now...
I knew there was a catch, too straightforward to be true. Digits crossed.

[JAJ]

His mother is British born and he was born 1972 in Australia, qualifying his ROA.

Firstly, a person who "will be admitted for settlement in the UK when arriving there, and intends permanent settlement in the United Kingdom." is eligible to sponsor for a spouse visa.

This comes straight from the Diplomatic Service Procedures on Entry Clearance (chapter 13), available on http://www.ukvisas.gov.uk

Is your husband aware that he is entitled to register as a British citizen (by descent) under new rules, introduced in 2003? That would shorten your waiting time for naturalisation.

Also, is he a U.S. citizen (as well as Australian), or just a green card holder? If he just has a green card, has he thought about becoming a U.S. citizen before he moves to Britain?

[blaatgirl]

His mother is British born and he was born 1972 in Australia, qualifying his ROA.

Firstly, a person who "will be admitted for settlement in the UK when arriving there, and intends permanent settlement in the United Kingdom." is eligible to sponsor for a spouse visa.

This comes straight from the Diplomatic Service Procedures on Entry Clearance (chapter 13), available on http://www.ukvisas.gov.uk

Is your husband aware that he is entitled to register as a British citizen (by descent) under new rules, introduced in 2003? That would shorten your waiting time for naturalisation.

Also, is he a U.S. citizen (as well as Australian), or just a green card holder? If he just has a green card, has he thought about becoming a U.S. citizen before he moves to Britain?

He is not a US citizen, only Australian and he has lived in the UK for almost 10 years ont ROA. He was not sure if he wanted to register as a British Citizen, but has recently decided to go ahead with it.
We were going to have him immigrate here, but circumstances guided us in this direction, and for which we are very happy.

[JAJ]

He was not sure if he wanted to register as a British Citizen, but has recently decided to go ahead with it.

Is he going to register as a British citizen based on his mother, or apply for naturalisation based on his residence in the UK?

One difference is that naturalisation makes him British "otherwise than by descent" which could benefit future children you have born outside the UK.

Since 4 April 2002, he is not subject to loss of Australian citizenship upon becoming British.

Bear in mind that assuming he becomes a British citizen, you will be eligible for British citizenship by naturalisation yourself after 3 years in the UK. You will not lose your American citizenship provided you intend to retain it. (in other words, keep a valid American passport and keep filing US federal taxes).

[blaatgirl]

He was not sure if he wanted to register as a British Citizen, but has recently decided to go ahead with it.

Is he going to register as a British citizen based on his mother, or apply for naturalisation based on his residence in the UK?

One difference is that naturalisation makes him British "otherwise than by descent" which could benefit future children you have born outside the UK.

Since 4 April 2002, he is not subject to loss of Australian citizenship upon becoming British.

Bear in mind that assuming he becomes a British citizen, you will be eligible for British citizenship by naturalisation yourself after 3 years in the UK. You will not lose your American citizenship provided you intend to retain it. (in other words, keep a valid American passport and keep filing US federal taxes).

This is what we discussed, and he does want the dual citizenship. Seeing as we do not want children, there is no issue of such issues in our future. He told me taht I would be eligible as well after 3 years. We just want to get over this first hurdle, then we will tackle the citizenship/naturalization situation.