British Expats

British Expats (https://britishexpats.com/forum/)
-   Moving back or to the UK (https://britishexpats.com/forum/moving-back-uk-61/)
-   -   A tough question ! (https://britishexpats.com/forum/moving-back-uk-61/tough-question-673196/)

guvvy Jun 20th 2010 2:18 am

A tough question !
 
I returned to britain on my aussie passport because my british passport had expired so i was given a 6 month visa and not allowed to work but i am a born british citz so what could happen to me if i refuse to leave and also get a job can i be deported back to Oz ? :cry_smile:

Shellyj Jun 20th 2010 2:47 am

Re: A tough question !
 

Originally Posted by guvvy (Post 8644756)
I returned to britain on my aussie passport because my british passport had expired so i was given a 6 month visa and not allowed to work but i am a born british citz so what could happen to me if i refuse to leave and also get a job can i be deported back to Oz ? :cry_smile:

Not if you can prove your a british citizen. Best go get yourself a new passport!

Bermudashorts Jun 20th 2010 6:50 pm

Re: A tough question !
 

Originally Posted by guvvy (Post 8644756)
I returned to britain on my aussie passport because my british passport had expired so i was given a 6 month visa and not allowed to work but i am a born british citz so what could happen to me if i refuse to leave and also get a job can i be deported back to Oz ? :cry_smile:

No of course not, you are a British citizen and you have no obligation to hold a British passport (although they sometimes come in handy).

guvvy Jun 21st 2010 8:15 pm

Re: A tough question !
 

Originally Posted by Shellyj (Post 8644790)
Not if you can prove your a british citizen. Best go get yourself a new passport!

The plan was to apply for my british pp while in the uk but because i dont now know anybody on there list of required people ( who know me for atleast two years )to counter sign application im in a pickle so now i have just renewed my australian passport because it had only 6 months left and no need for counter signs etc because im off to cyprus next month and your pp needs to be atleast 6 months valid to enter there and according to british border control even if i get a new pp in the uk i still have to leave the uk and re enter on british pp to be legal,what i didnt want was to have two pp running at the sametime because its a waste of money daylight robbery,the UK issues apprx 5 million pp per year not to mention all the othe services so you can imagine the billions $$$$$$$$$$$$$$$$$$$$$$$$$$$$$, i read somewhere that the UK border control dont check your pp going out only coming in so maybe thats the way.

Could they lock me up in one of those detention centre's for over staying :confused:

guvvy Jun 21st 2010 8:18 pm

Re: A tough question !
 

Originally Posted by Bermudashorts (Post 8645796)
No of course not, you are a British citizen and you have no obligation to hold a British passport (although they sometimes come in handy).

Yes they do come in handy but i find the australian one works well for me unless im planning to stay for awhile in the EU but i doubt that will ever happen.:)

Shellyj Jun 21st 2010 9:10 pm

Re: A tough question !
 

Originally Posted by guvvy (Post 8648113)
The plan was to apply for my british pp while in the uk but because i dont now know anybody on there list of required people ( who know me for atleast two years )to counter sign application im in a pickle so now i have just renewed my australian passport because it had only 6 months left and no need for counter signs etc because im off to cyprus next month and your pp needs to be atleast 6 months valid to enter there and according to british border control even if i get a new pp in the uk i still have to leave the uk and re enter on british pp to be legal,what i didnt want was to have two pp running at the sametime because its a waste of money daylight robbery,the UK issues apprx 5 million pp per year not to mention all the othe services so you can imagine the billions $$$$$$$$$$$$$$$$$$$$$$$$$$$$$, i read somewhere that the UK border control dont check your pp going out only coming in so maybe thats the way.

Could they lock me up in one of those detention centre's for over staying :confused:

If you're not planning on staying in the UK or EU then it's not an issue. Doubt they would lock you up but they would need to verify you have the right to remain and surly they have means to do that. They mainly lock up people they cant send home due to having no passport or have claimed asylum etc but they cant release.

But if you did want a passport you can send the info to someone in Aus or anywhere else to someone who knows you to get it signed. But you would only need that if you were planning on staying and working in the UK or EU.

BritishIGuess Jun 21st 2010 9:38 pm

Re: A tough question !
 

Originally Posted by guvvy (Post 8648113)
The plan was to apply for my british pp while in the uk but because i dont now know anybody on there list of required people ( who know me for atleast two years )to counter sign application im in a pickle so now i have just renewed my australian passport because it had only 6 months left and no need for counter signs etc because im off to cyprus next month and your pp needs to be atleast 6 months valid to enter there and according to british border control even if i get a new pp in the uk i still have to leave the uk and re enter on british pp to be legal,what i didnt want was to have two pp running at the sametime because its a waste of money daylight robbery,the UK issues apprx 5 million pp per year not to mention all the othe services so you can imagine the billions $$$$$$$$$$$$$$$$$$$$$$$$$$$$$, i read somewhere that the UK border control dont check your pp going out only coming in so maybe thats the way.

Could they lock me up in one of those detention centre's for over staying :confused:

You can pay people to sign those - professionals, it's not against the law, they mention it on their website , a justice of the peace and notary for example they charge you a fee to do it, I think the police can do it as well and for free - there is quite a few people who are acceptable that you do not need to "know"

Shellyj Jun 21st 2010 11:12 pm

Re: A tough question !
 

Originally Posted by BritishIGuess (Post 8648274)
You can pay people to sign those - professionals, it's not against the law, they mention it on their website , a justice of the peace and notary for example they charge you a fee to do it, I think the police can do it as well and for free - there is quite a few people who are acceptable that you do not need to "know"

Thats bad advice, maybe in Australia you can get a JP who does not know you to do this, not in the UK. The person is certifying they have known you for 2 years.

/Passports

dunroving Jun 21st 2010 11:16 pm

Re: A tough question !
 

Originally Posted by Shellyj (Post 8648460)
Thats bad advice, maybe in Australia you can get a JP who does not know you to do this, not in the UK. The person is certifying they have known you for 2 years.

/Passports

From the site in your link:

"Do you need to get your application countersigned?

You need to get your application countersigned if you are applying:

for a first passport
to replace a lost stolen or damaged passport
to renew a passport for a child aged 11 or under
to renew a passport when your appearance has changed so much that it would be hard to recognise you from the photo in your last or current passport"

- it seems none of these applies to the OP, so does he even need to get it countersigned? If the photo in the expired passport is clearly the same person as the photo for the new passport, it seems (from what I quoted above) that maybe the application form doesn't need a countersignature ... ?

It seems a little ambiguous, to say the least, because the section begins with "Once you have completed and signed the application form, you need to ask someone to fill in and countersign section 10" ... confusing!

guvvy Jun 22nd 2010 8:27 am

Re: A tough question !
 
[QUOTE=dunroving;8648473]From the site in your link:

You need to get your application countersigned if you are applying:

for a first passport
to replace a lost stolen or damaged passport
to renew a passport for a child aged 11 or under
to renew a passport when your appearance has changed so much that it would be hard to recognise you from the photo in your last or current passport")QUOTE.

Well as it happens my pp is damaged and more than 5 years expired so i will need a counter sign though on the application form the counter sign has to put not just there name and address but also their own pp details so i imagine trying to convince a doctor to sign for me who doesnt even know me wouldnt be easy.
What next a DNA test :blink:

JAJ Jun 22nd 2010 5:39 pm

Re: A tough question !
 
There are two other ways to prove British citizenship:

1. Right of Abode stamp in Australian passport (for someone born in 1983 or later); or

2. Home Office nationality status certificate:
http://www.ukba.homeoffice.gov.uk/br...utcitizenship/


If born before 1983, a United Kingdom, Channel Islands or Isle of Man birth certificate will also do, normally.

guvvy Jun 23rd 2010 11:35 pm

Re: A tough question !
 

Originally Posted by JAJ (Post 8650525)
There are two other ways to prove British citizenship:

1. Right of Abode stamp in Australian passport (for someone born in 1983 or later); or

2. Home Office nationality status certificate:
http://www.ukba.homeoffice.gov.uk/br...utcitizenship/


If born before 1983, a United Kingdom, Channel Islands or Isle of Man birth certificate will also do, normally.

Well i was born before 1983 but ive never heard of this Home Office nationality status certificate.
ive been trying to find more info on this Home Office nationality status certificate but its looking like the same issue's i would have to go through when renewing my brit pp lots of fee,s and hassles so maybe i will just let it go for now as i can still travel on my aust pp and i need to be back in aust later this year to tie a few loose ends up before i pull the pin,glad to be back in the UK though wasted 20yrs in oz :blink:

jmh Jun 24th 2010 12:08 am

Re: A tough question !
 
I have a nationality Certificate because I became a British Citizen (wasn't born one). If you were born in UK you don't need one. Your birth certificate will do and if you have lost it, it is easy to get a new one. Go to the GRO office website. You can do it online and it costs about £10. I have only once been asked to provide proof that I am entitled to work here by an employer, and this was after I was offered the job.

JAJ Jun 24th 2010 2:48 pm

Re: A tough question !
 

Originally Posted by jmh (Post 8654002)
I have a nationality Certificate because I became a British Citizen (wasn't born one). If you were born in UK you don't need one. Your birth certificate will do

If born in 1983 or later, birth certificate on its own will not do.

jmh Jun 24th 2010 6:38 pm

Re: A tough question !
 

Originally Posted by JAJ (Post 8655711)
If born in 1983 or later, birth certificate on its own will not do.


I followed your earlier link and couldn't find the bit where it says that if you are born after 1983 a birth certificate is not sufficient evidence of British Citizenship when you are born in the UK. Just curious because I can't think of any reason why you would be deported (which was the OP's fear) if you are in possession of a UK birth certificate for post 1983. Perhaps you could post a quote for me.

Shellyj Jun 24th 2010 7:36 pm

Re: A tough question !
 

Originally Posted by jmh (Post 8656051)
I followed your earlier link and couldn't find the bit where it says that if you are born after 1983 a birth certificate is not sufficient evidence of British Citizenship when you are born in the UK. Just curious because I can't think of any reason why you would be deported (which was the OP's fear) if you are in possession of a UK birth certificate for post 1983. Perhaps you could post a quote for me.

ukba.homeoffice.gov.uk/britishcitizenship/othernationality/Britishcitizenship

It says it on the link above. But the OP was born before 1983 so it doesnt matter and can get a birth certificate here gro.gov.uk/certificates/

guvvy Jun 24th 2010 8:15 pm

Re: A tough question !
 
When i arrived through border control i was told that i must leave after 6 months and they stamped my pp with a 6 month visa even though i showed them my expired brit pp i am not even allowed to work maybe now that i am also a national of another country maybe some of my rights have changed,even if i do renew my brit pp here i will still have to leave within the 6 months so why would border control stress this point if im untouchable.
I even telephoned border control to inform them that i could not find a counter signature to fill in the requirements on the application form as i have been away for so long that i dont have a counter signature who has known me for 2yrs but there reply is i should fly back to aust and do it there !!
Its all barmy to me.

Shellyj Jun 24th 2010 8:52 pm

Re: A tough question !
 

Originally Posted by guvvy (Post 8656199)
When i arrived through border control i was told that i must leave after 6 months and they stamped my pp with a 6 month visa even though i showed them my expired brit pp i am not even allowed to work maybe now that i am also a national of another country maybe some of my rights have changed,even if i do renew my brit pp here i will still have to leave within the 6 months so why would border control stress this point if im untouchable.
I even telephoned border control to inform them that i could not find a counter signature to fill in the requirements on the application form as i have been away for so long that i dont have a counter signature who has known me for 2yrs but there reply is i should fly back to aust and do it there !!
Its all barmy to me.

Maybe the person at border control didnt know what they were talking about. They're doing a different job to the one you're phoning them about.

It's not like they will come and actively find you when your 6 months is up! And even if for some bizzare reason they did, you're British! And if an employer hires you they have broken no laws though the employer may want to see proof your entittled to work, some accept expired British Passports others dont.

Nothing has changed, British Citizens are allowed to be dual nationals and give up no rights in the UK by becoming a citizen of another country.

Did you look at the link for the Birth Certificate? You can get a new full certificate for under £20 posted to where ever you are staying.

jmh Jun 25th 2010 1:10 am

Re: A tough question !
 

Originally Posted by Shellyj (Post 8656147)
ukba.homeoffice.gov.uk/britishcitizenship/othernationality/Britishcitizenship

It says it on the link above. But the OP was born before 1983 so it doesnt matter and can get a birth certificate here gro.gov.uk/certificates/


Yes I was aware that the OP was born before 1983, but my interest was peaked because someone I know was born in the UK after 1983 but her parents are not domiciled, residents or citizens of the UK. Presumeably that means she is not a British Citizen and so cannot get a UK passport. I had better let her know as she is under the impression that she is British because she has a UK birth certificate.

I was actually in the same position as the OP, but in reverse in that I travelled to NZ on a UK passport because my NZ had expired. The nice immigration lady said if I stayed after the period of the visitor permit I should contact immigration so that I am not recorded as an overstayer. She didn't make a big issue over it, I imagine she is just ensuring they don't chase me up when they don't need to. It sounds to me like border control in the UK either don't believe the OP's story or were too busy to give anything other than the official line - at the end of the day it is not their decision whether you are British or not, but nevermind, you are British so it's not a big deal.

JAJ Jun 26th 2010 4:19 am

Re: A tough question !
 

Originally Posted by jmh (Post 8656733)
Yes I was aware that the OP was born before 1983, but my interest was peaked because someone I know was born in the UK after 1983 but her parents are not domiciled, residents or citizens of the UK. Presumeably that means she is not a British Citizen and so cannot get a UK passport. I had better let her know as she is under the impression that she is British because she has a UK birth certificate.

Correct - if both of her parents were temporary, then she is not British (one parent who is a British citizen/PR is required). There are special rules for some situations, such as EU/EEA parents.

If by some chance she lived in the UK until age 10, she is normally entitled to register as a British citizen.

http://britishexpats.com/wiki/Britis...United_Kingdom

JAJ Jun 26th 2010 4:24 am

Re: A tough question !
 

Originally Posted by guvvy (Post 8656199)
W
I even telephoned border control to inform them that i could not find a counter signature to fill in the requirements on the application form as i have been away for so long that i dont have a counter signature who has known me for 2yrs but there reply is i should fly back to aust and do it there !!
Its all barmy to me.

Stop wasting your time "calling border control". Your pre-1983 birth certificate is proof of British citizenship but you now need a travel document. You have two options:

1. Contact the Passport Office, http://www.passports.gov.uk
They do normally need a countersignature to issue a British passport. If you cannot provide one, ask if there are any special provisions for those who cannot do this. Would someone who has known you for 6 months suffice?

2. Right of Abode stamp in your Australian passport. Contact the Home Office: http://www.ukba.homeoffice.gov.uk/br...mrightofabode/

If you try to get readmitted on your Australian passport without 1 or 2 then you may have problems. But if you bring your birth certificate you may (or may not) be ok.

guvvy Jul 31st 2010 4:07 am

Re: A tough question !
 
Ok got back from cyprus yesterday and can now confirm some of the questions/answers:
Yes true no border control check your passport on exit so even using my aussie p/p to enter the UK giving me max 6month with work restrictions ie not allowed to work i could still work because i have a N/I number and am brit citz so i could make a mock of border control and second having a greek cypriot surname gives me the right to enter cyprus and work for as long as i want using my aussie p/p so why bother to get a brit p/p just a waste of time and not to mention the rip off charge. :D

Pollyana Jul 31st 2010 5:37 am

Re: A tough question !
 

Originally Posted by guvvy (Post 8742436)
Ok got back from cyprus yesterday and can now confirm some of the questions/answers:
Yes true no border control check your passport on exit so even using my aussie p/p to enter the UK giving me max 6month with work restrictions ie not allowed to work i could still work because i have a N/I number and am brit citz so i could make a mock of border control and second having a greek cypriot surname gives me the right to enter cyprus and work for as long as i want using my aussie p/p so why bother to get a brit p/p just a waste of time and not to mention the rip off charge. :D

Maybe because if you'd had a Brit passport in the first place you would have saved yourself a lot of anguish and people on here a lot of trouble trying to help you out?

guvvy Jul 31st 2010 5:50 am

Re: A tough question !
 

Originally Posted by Pollyana (Post 8742576)
Maybe because if you'd had a Brit passport in the first place you would have saved yourself a lot of anguish and people on here a lot of trouble trying to help you out?

Well polly it wasnt my intention to mess people around i tried to get a brit passport but this was looking difficult so i renewed my aussie one which was due to expire and now realising that i can live without the other pp im glad i didnt renew my brit pp :) though thanx to all who gave there time to help me i did appreciate it cheers .


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