Uk "Family of Settled" Visa "Right to Work"

I arrived in the Uk at age 3 [in 1978] from Australia on a 'Entry Certificate/Certificate of Patriality' with 'UK grandparent' manus written on visa and line through 'Certificate of Patriality' says information technology's valid for half dozen months [in my female parent's passport merely relating to me. In the side by side passport there is a 'certificate of right of abode' relating to myself and two brothers which was valid until passport expired. Somewhere I read that ROA was basically citizenship. When I was old plenty to have my own Australian passport, I was stamped with an ILR vignette. I call up I read somewhere that it's not possible to hold ROA and ILR at the same time? and then possibly was given ILR by error? should the ROA not have been transferred to my passport from my female parent's?

Anyway, in 2010 I left for an epic trip effectually the world with stops in various countries. I contracted an ear infection in the tropics nigh two years into the trip that gave me severe nausea that lasted for about two years and fabricated air travel impossible. At about yr 4 I made a full recovery and was able to travel. My brother contacted me from the UK to tell me that he had found out about a 'two twelvemonth dominion' relating to ILR!!! I had received my ILR many many years ago and had never heard of that rule......! needless to say I was very nervous returning to the United kingdom of great britain and northern ireland, but thought border control might let me to enter under 'paragraph 19 two twelvemonth rule exceptions' length of previous residence, strong family ties etc etc.

When facing border command at Gatwick, I was not asked how long I'd been out of the Uk, I but told the border clerk that I had lived in the UK since 1978 on an ILR. She asked to run into the ILR in my old passport which I also carried, and let me straight in with the standard engagement stamp [no atmospheric condition]. My kickoff thought was smashing! they've acknowledged my ILR, and I'yard in with no issues. Since existence back in the United kingdom of great britain and northern ireland life has been good, I have plant decent employment and I'g living with family members. A new secretary has turned up at work and has asked to see my proof of right to work in the UK. It used to exist the case that an ILR in expired passport was fine for this purpose, but I've read that since 2014 I demand a BRP card instead. I've had a wait at the application for BRP and it asks for details of all absences from the UK exceeding half-dozen months. I am worried that my application for BRP will exist rejected as I've been out of the land for so long!! but I might have had ROA all along [which from what I've read cannot be revoked]

It's a bit of a complicated situation made even more so by a simultaneous 'family of settled person' visa for my fiance [which is now on hold until I've got my residency status confirmed]

I know this is quite a complicated case, but I'd really appreciate whatever advice, suggestions near what I should do. For example could I just scrap the ILR and focus on proving my ROA [as it cannot be revoked]

Whatsoever information would be profoundly appreciated

Post by **Casa** » Sat Jan 27, 2018 two:14 pm

Note from the link below:
"A person who has a certificate of entitlement in an expired passport should be advised to apply for a new certificate of entitlement to be placed in their electric current passport before travelling."
AND
"A certificate of entitlement issued on or after 21 December 2006 may be revoked by whatever Dwelling Part official (including an official in HM Passport Role), any immigration officeholder, whatsoever consular officer or whatsoever entry clearance officeholder where it is discovered that the holder is no longer eligible for information technology. In that location is no correct of appeal against such a cancellation.

A document of entitlement (whether issued before or after 21 December 2006) will otherwise end to have effect on the expiry of the passport or travel document to which is affixed

."

https://world wide web.gov.uk/regime/publicati ... -abode-roa

Post past **ned0008** » Sat Jan 27, 2018 6:55 pm

Many thanks for the info Casa. Obviously in the instance of the ILR at that place is the two year dominion which could invalidate the ILR. Am I right in thinking that the ROA has no time limit?

Not sure if y'all tin see these, but the beginning one is the 'entry certificate' and the second the 'certificate of entitlement'
https://photos.google.com/photograph/AF1QipN ... 9wINB1KpdX
https://photos.google.com/photo/AF1QipO ... N4N6KOlTNZ

Thanks once more

Post by **vinny** » Saturday Jan 27, 2018 10:10 pm

A deviation between a CoE-RoA and ILR is that the erstwhile doesn't confer the status of RoA, but merely confirms information technology. The subsequently does confer the status of ILR and the holder is subject to the Returning residents rules.

I believe that y'all are correct in saying that a person with RoA cannot be subject area to grants of leave, similar to a British citizen.

If you continue to be eligible for a CoE-RoA, then apply for it over again. Else, the Immigration Officeholder could have admitted you under paragraph 19.

Post by **ned0008** » Sun January 28, 2018 9:38 am

Many thanks for the info Vinny. I suppose I will demand the assistance of a lawyer to deal with this as it's a bit of a complicated case. Do you know of any agents/solicitors etc. that would be capable of dealing with this? I'm based in Taunton, Somerset. I tin get to Bristol and London easily if need exist. I was looking online, there are these guys xxxxxxxx who are open on Sat which helps as I'chiliad commonly flat out at work during the week...Although could get time off if necessary.

Moderator edit: nether the Board Ts&Cs, members are not permitted to post links to commercial companies on the open forum. Telephone call them!

Postal service by **secret.simon** » Mon Jan 29, 2018 2:17 pm

Where and when were your parents born? Were their births registered with the British authorities (more often than not the Great britain Embassy or Loftier Commission) withi a year of their birth? Did they ever comport a British passport?

Postal service by **marcnath** » Mon Jan 29, 2018 half dozen:30 pm

It seems to exist there is a scrap of a fallacy effectually an ILR expiry.
An ILR, Indefinite Leave to Remain, is exactly that - Indefinite (does not elapse) and a Go out to Remain (not an entry clearance).
So, as long you remain in the United kingdom, your ILR cannot elapse.
However, once y'all leave the United kingdom of great britain and northern ireland, you demand some form of entry clearance to come dorsum. And a Returning Resident clearance is the only i that allows you to maintain your ILR.
For case, if I leave the U.k. for a week and when I come up dorsum the ECO stamps me in for 90 days based on my visa waiver eligible passport, I will lose my ILR status. This is because I tin can't accept two types of entry clearance at the same time and the latest i cancels whatsoever earlier one.
That is where the two year dominion comes in - the ECO stamps you in as a returning resident if you have been out of the country for less than 2 years.
Simply the ECO also has a discretionary right to grant you clearance as a Returning Resident under SET ix.5 https://www.gov.uk/government/publicati ... nts-set-09
And if they do that, then your rights under ILR are maintained.
Long story short, I believe you shouldn't have any problems if you lot utilize for your BRP and state the periods you lot were out of the country. Ensure you write in some notes or a cover letter that you were given entry as a Returning Resident under Paragraph 19/Gear up 9.5. As far as you lot are concerned, you answered the ECO'southward questions and was admitted. Information technology is not your job to question the rationale or the determination. As long every bit y'all have not given false answers (and it does non look like you have), they cannot turn down your BRP.
Now, I am non a lawyer, so this is my estimation of the clearing rules.
Helps to get a professional communication, only information technology is more probable you will need that if, UKVI being UKVI, they do reject your BRP application.
Merely my personal opinion is that it will non, particularly if you brand it clear in your awarding that you are enlightened of the exceptions to the two year dominion. Any hint that you know your stuff and are willing to fight should ensure that they make less mistakes.
Good luck and I look forward to your positive update.

Mail past **ned0008** » Monday Jan 29, 2018 half-dozen:45 pm

My begetter was born in Manila [every bit my grandfather (born in the uk, grandmother also united kingdom born) was on overseas postings with HSBC to Shanghai, Osaka, Hong Kong, in the late 1930's WW2 was starting, he got taken equally a prisoner of war and held in a Japanese camp. Before he was taken past the Japanese he managed to get his wife who was pregnant evacuated to the Philippines where my father was and so born (in 1937) His nascency certificate says ""Certified copy of an entry of nascency inside the commune of the British Consul General at Manila, Philippines"" Does that mean he was 'born a British Citizen' but overseas?

Mail by **ned0008** » Mon Jan 29, 2018 7:00 pm

Many thank you for the information marcnath. I was considering trying to completely sidestep the whole ILR situation by applying for a certificate of entitlement to right of habitation as I used to have this visa [clearly relating to me] in my mother's passport. From what I've read ROA is every bit good every bit citizenship and cannot be revoked [unless nether farthermost circumstances] Actually I'g non certain why I was given ILR at all if I already have ROA? From what yous accept written it seems there is a adept risk I could get the BRP....practise y'all think information technology would exist better to become with the BRP application over the ROA application?

Post by **vinny** » Monday January 29, 2018 10:02 pm

I think that RoA nether ii(1)(b) requires you to satisfy either 2(1)(d) or 2(two) of the Act then in strength.

I believe:
ii(one)(d) requires at least one of your parents to be born in the UK or the Islands.
two(2) refers to a married woman.

Unfortunately, if neither one is true, then they may have issued the CoE-RoA to you past mistake.

Post by **marcnath** » Tue Jan 30, 2018 2:31 am

ned0008 wrote: ↑
Monday Jan 29, 2018 seven:00 pm
Many cheers for the information marcnath. I was considering trying to completely sidestep the whole ILR state of affairs past applying for a certificate of entitlement to correct of domicile as I used to have this visa [clearly relating to me] in my mother's passport. From what I've read ROA is equally good as citizenship and cannot be revoked [unless under extreme circumstances] Actually I'm non sure why I was given ILR at all if I already accept ROA? From what you accept written it seems there is a skilful take chances I could become the BRP....do y'all think it would be improve to go with the BRP application over the ROA application?

I am less familiar with RoA but Vinny has a point and it may explain why you were given ILR if the error in issuing CoE-RoA was discovered. As well, it appears that the CoE expires with your passport (or your mother'due south passport, in this case), and so you haven't had a valid CoE-RoA for a long fourth dimension.
Did your fiance has already got 'family of settled person' visa or has UKVI put that awarding on concord ?

Post by **ned0008** » Tue Jan thirty, 2018 7:24 pm

I run across your point guys, I think yous might exist correct there. But I did find this on the internet relating to grandparents ""under the United Kingdom's immigration arrangements Commonwealth citizens enjoy sure advantages: Commonwealth citizens born before 1 Jan 1983 may by virtue of having a parent born in the United Kingdom and Islands have the correct of home therein – such persons are exempt from all clearing control.
Republic citizens with a grandparent born in the United Kingdom and Islands may exist admitted for up to five years on this basis, and thereafter be granted indefinite leave to remain""

Post by **ned0008** » Tue Jan thirty, 2018 vii:46 pm

marcnath I've put the 'family unit of settled person' visa on hold as my residency status cannot be easily proven at this bespeak in time. I've got about half way through that application in terms of fourth dimension. There are however a few things that demand to exist completed relating to housing [property inspection report] my fiancé's ielts English exam, and a alphabetic character from my employer confirming various things. Have completed most other parts of it and supporting documents...

Post by **ned0008** » Tue Jan thirty, 2018 7:58 pm

Information technology seems that it'due south possible to get ILR through grandparents, I suppose that is what has happened in my case. So information technology seems that I should apply for a BRP. I'thou a bit concerned as I was out of the UK for several years [mostly due to the ear infection, that did non allow air travel] simply quite honestly I did not know ILR was fourth dimension sensitive every bit I had received information technology so many years ago, had go complacent I suppose. How practise you retrieve I should present my application? I would need to explicate why I'd been out of the UK beyond ii years. Should I mention the disease, or that I did non know there was a time limit on ILR? or should I say just mention that I was granted go out to enter equally a returning resident? Do you think my state of affairs is complex enough to require a lawyer to present my case? Many thank you for your help, I really appreciate it

Post by **marcnath** » Tue January 30, 2018 x:06 pm

My general approach to such situations is to always state why I am right unequivocally and permit authorities show me wrong. It is better to allow them do the work. Human nature is to do less piece of work so I believe this approach works in my favour.
I am personally convinced you are hither legally with a valid ILR for the reasons I have explained.
If it were me, I would simply go alee with my BRP awarding adding a brusque cover note to proactively cover off questions the CW may have.
- i have had ILR from ...
- I was out of country from ... to ...
- I faced medical issues that delayed my return
- I entered on .... as a returning resident and admitted with no weather
- I accept strong family connections hither such equally my brother ...
That would show I am enlightened of potential problems simply confident plenty that I am on the right and have no need to hide things. It also does the CW's task easier in writing their own review.
That would be my approach but you lot need to make the telephone call on your application

Re: Entered UK after 5 years absence on ILR in expired passport, at present what? Advice needed please

Postal service by vinny » Wed January 31, 2018 12:20 am

This is not intended to be legal or professional person advice in any jurisdiction. Please click on any given links for farther information. Refer to the source of whatsoever quotes.

We practice not inherit the Earth from our ancestors, we infringe it from our children.

Post by **ned0008** » Midweek Jan 31, 2018 half-dozen:52 pm

Many thanks guys I really appreciate your time and effort. Your insight into the psychology of the CW's makes real sense to me, and to be honest is something that I probably would not accept explored enough without the help of your experience; you lot guys are smart! thanks again, I'll try and present my case with your thoughts in heed

Mail service by **ned0008** » Sun Feb 25, 2018 1:26 pm

Guys, I've finally got round to getting this encompass letter done. Would capeesh a second stance regarding this cover letter of the alphabet. Is it ok??

Beloved Sir/Madam,

I have included this cover letter of the alphabet to explain and evidence why I did not return to the UK within the two year time menstruation usually immune nether the general conditions of Indefinite Leave to Remain.

I have been a resident of the United kingdom since I was iii and a half years one-time, [arrived Feb 1978] with family members on an entry certificate in my mother's passport which then became ILR.

In belatedly 2010 I embarked on a round the earth trip. While travelling through the tropics I contracted an illness that resulted in several years of medical problems [chronic uncompensated labyrinthitis] that delayed my return. It took around 6 months to be diagnosed, and then a few years to recover through what the doctors described equally 'bounty' as I had sustained damage to the inner ear resulting in vertigo, nausea, and dizziness. I was advised by various medical experts that I must avoid air travel until complete recovery occurred every bit the cabin pressure could rupture the damaged inner ear causing permanent harm to the delicate balance organ and could outcome in lifelong dizziness, nausea and vertigo.

I slowly made a full recovery from this affliction and was able to render abode to the UK on February 2016 every bit a returning resident nether Paragraph 19/Ready 9.5, and was admitted with no conditions.
I have included some of the medical tests undertaken during the diagnosis stage of my illness as evidence of the medical problems that delayed my render.

You tin reach me at the following contact phone number and/or e-mail, should you need any further information or description.

Yours Faithfully,
xxxxxx

Contact Details:

************
***********
*******
Phone: ***********
Email: ***********

Moderator edit: proper noun removed to protect personal security.

Mail by **marcnath** » Sun Feb 25, 2018 8:26 pm

looks good

Postal service past **vinny** » Sun Feb 25, 2018 eleven:30 pm

ned0008 wrote: ↑
Sun Feb 25, 2018 one:26 pm
I slowly made a full recovery from this illness and was able to return home to the U.k. on February 2016 as a returning resident nether Paragraph 19/SET nine.five, and was admitted with no conditions.

If you remember for sure you informed the Immigration Officer that y'all were absent for over two years and wished to be considered nether paragraph 19/SET ix.5, then fine. Else, I call up in that location'southward no need to reference it.

Perhaps better?

I slowly made a total recovery from this disease and was able to return home to the United kingdom on February 2016 as a returning resident and was admitted with no weather condition.

You could too mention that you lot continue to have potent family connections in the Great britain, such as, ..., etc.

Post by **ned0008** » Sun Mar 04, 2018 12:58 pm

Many thank you guys. I've been looking at the No Time Limit application form [for BRP] and there is a section regarding criminal convictions. I was convicted of drink driving more than than 20 years ago. There is no record of this on my driving license. I remember I saw somewhere that I demand to declare information technology, but can't discover this information once again to confirm?? thought you might know about this. Best regards, Ed

Post by **vinny** » Sunday Mar 04, 2018 1:09 pm

If the form asks about any convictions, so y'all should declare it.

Run into also burden of proof.

Post by **CR001** » Sun Nov 18, 2018 12:59 pm

Donakey111 wrote: ↑
Sun Nov 18, 2018 12:45 pm
In the aforementioned gunkhole and unsure of what to do. What was the outcome?

Useful to start your ain topic with your circumstances and questions rather than tagging onto an onetime post. The user has not logged into the forum for a few months to update.

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