- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
That is irrelevant. He never had the right to work in the UK but it seems that was not checked previously that is why he is facing the problem. Did you read the guide I sent ? He may be able to register as British citizen directly without ILR as a stateless personPan1974 wrote: ↑Sat Aug 31, 2019 11:11 amBut he has a national insurance number and has paid tax since starting work almost 30 years ago? His immigration status has never been questioned before. He has an NHS number, has claimed benefits at one point.... is this a mistake?
I’ve looked on the gov website to apply for ILR but can’t find where he would need to apply. Where can we do this?
Thank you for your time and advice.
If he was born on the Sovereign Base Areas before 1983, then (if he has British nationality, which he may not have) he is likely a British Overseas Territory Citizen (BOTC), not a British Overseas Citizen(BOC). And there is a world of difference between the two. For a start, there is no route to registration as a British citizen via being stateless if you are a BOTC.
You could present the facts to the Cypriot embassy in the UK and ask if your husband qualifies for a Cypriot passport.
If he arrived years ago, it is likely that the records were destroyed. Home Office records are only managed for a certain number of years before destruction under the Data Protection Act.
In today's terms, it means that she is a British Overseas Citizen (A CUKC without Right of Abode) with ILR (not subject to control under the Immigration Act 1971). As your husband was born outside the UK, and was born before 1983, the ILR status would not have impacted his status anyway.Pan1974 wrote: ↑Sun Sep 01, 2019 1:22 amIt has the observation that she has the right of abode in the UK which is crossed out. No date so I’m assuming it was there when issued.
There is another observation underneath which says the holder is subject to control under the immigration act 1971 and this is also crossed out. No date here so unsure if it was added before or after my husbands birth.
Just to clarify that I am not a lawyer, merely somebody who has read on the topic. For legal advice, please consult a legal professional (if you do, I would be grateful if you show him this thread and reproduce his feedback here).
No to the first question (Does this mean he has the right to work in the UK?).Pan1974 wrote: ↑Sun Sep 01, 2019 2:57 pmHusbands passport has this observation,
The holder is not entitled to benefit from EC provisions relating to employment or establishment.
When I research this observation there is a footnote saying,
If married to a BC who has established a right of residence in another member state, he/she has the right to reside and work in that state on the same conditions as the spouse.
Does this mean he has the right to work in the UK?
Does another member state just mean anywhere other than the UK, or does it include the UK?
That shuts the avenue that I had in mind. If he had lived for five continuous years before 1st Jan 1983 (so at least before 1st Jan 1978), he could have argued that as a CUKC living in the UK for five continuous years before that date, he has already acquired Right of Abode and therefore is already a British citizen.
If the objective is to get him working asap, I would suggest looking at his Cypriot nationality on an urgent basis.
There is no direct route for him to apply for ILR, except if
Either a Cypriot passport or a national ID card would be a requirement for applying for PR or Settled Status.
There are many routes to ILR status. Your husband does not qualify for any of them except Settled Status, which only applies in case he is a Cypriot citizen.