Immigration Corner | Making an application for a certificate of entitlement

Dear Mr Bassie,

I believe that I am entitled to live and work in the United Kingdom, although I am not a British citizen or British subject. Please let me know how I might be able to apply for a certificate of entitlement.

RR

Dear RR,

Persons with ‘right of abode’ status are allowed to live or work in the United Kingdom (UK) without immigration restrictions, which means:

• They will not need a visa to go to the UK.

• There is no limit on the length of time they may spend in the country.

Just for clarity, it should be noted that all British citizens automatically have right of abode in the UK, and some Commonwealth citizens may also have right of abode.

Persons can usually prove that they have right of abode if they have a UK passport describing them as a British citizen, or British subject with right of abode. Otherwise, persons will need to apply for a ‘certificate of entitlement’.

APPLYING FOR A CERTIFICATE OF ENTITLEMENT

Persons can apply for a certificate of entitlement to prove that they have right of abode in the UK, and if successful it will be put in their passport. Please be aware that they will need to apply for a new certificate when their passport expires.

Please note that the process for applying for a certificate of entitlement will depend on whether the applicant is inside or outside of the UK.

Please note that persons cannot get a certificate if they already have a British passport or a valid certificate of entitlement in another foreign passport.

APPLYING WHILE IN THE UK, CHANNEL ISLANDS OR THE ISLE OF MAN

The cost for applying for a certificate of entitlement in the UK is £372. It is advisable that prospective applicants read the guidance online to check whether they are eligible to apply.

Persons may also complete the form online. Applicants will usually be able to keep their documents while the application is being processed. Just for completeness, please note that there are also other ways to apply.

Persons can get help with completing the online form if they do not feel confident using a computer or mobile device and/or they do not have Internet access. However, people can only use this service if they are applying from within the UK. They should also know that they cannot get immigration advice through this service.

Applicants will usually get a decision on their application within eight weeks of applying online and sending in their documents by post. If the application is approved, the certificate of entitlement will be sent to the successful applicant with the decision letter.

APPLYING FROM OUTSIDE THE UK OR FROM A BRITISH OVERSEAS TERRITORY

If applicants are not in the UK, or they live in a British overseas territory, they must apply online. The certificate of entitlement costs £388 outside the UK.

Persons will usually get a decision on their application within three weeks of attending an appointment at a visa application centre. If the application is approved, the certificate of entitlement will also be sent to the applicant with the decision letter.

IF THE APPLICATION IS REFUSED

If the application is unsuccessful, the application fee will not be refunded if the application is refused, because he/she does not qualify for right of abode, or if they do not send in enough evidence to support their claim.

APPEALS

Persons should be aware that they will be informed on how to appeal if their application is rejected. Please note that persons will not have a right of appeal if their rejected application was received on or after April 6, 2015.

Persons who made their application in the UK, may apply to have the application reconsidered if they think UKVI did not make the decision in line with the law or their policy.

All the best.

John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Court-appointed mediator, a Fellow of the Chartered Institute of Arbitrators, a chartered arbitrator, the global president of the Chartered Institute of Arbitrators, and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com