Jamaica Gleaner

Denying a British nat’l a passport

- John Bassie John S. Bassie is a barrister/attorney-atlaw who practises law in Jamaica. He is a justice of the peace, a Supreme Courtappoi­nted mediator, a Fellow of the Chartered Institute of Arbitrator­s, a chartered arbitrator, and a member of the Immigra

Dear Mr Bassie,

was told that it is possible for a British national to be refused a British passport. Is this true? Any advice would be greatly appreciate­d.

– D.V.

IDear D.V.,

With respect to British passport eligibilit­y, persons can apply for a British passport if they have British nationalit­y. However, there are some circumstan­ces where person’s applicatio­ns can be refused, or their existing passports can be retained.

A person can get or hold a British passport, but he or she must have British nationalit­y to apply for or hold a British passport. It should be noted that having British nationalit­y does not guarantee a person a passport. For example, a person may not get a new passport, or the existing passport may be taken away if he or she is suspected of a serious crime and an arrest warrant has been issued, or if a court order stops that person having a United Kingdom (UK) passport or restricts their travel.

A British national may also not be granted a passport if he or she is on bail and bail conditions do not permit that person to leave the UK. Also, if a person has been brought back to the UK at the Government’s expense and have not repaid what is owed, a passport can be withheld. A passport will also not be obtained if that person has received a European Union (EU) or United Nations order that restricts their travel.

A passport can also be cancelled or not renewed if it is for a child and there is a court order in place stopping the child from leaving the UK. A person’s eligibilit­y and entitlemen­t to a British passport will be considered when the applicatio­n is made.

Persons should be aware that passports belong to the Government and can be cancelled or withdrawn at any time.

Please note that persons should be aware that there are various types of British nationalit­y and persons can apply for a British passport if they are a: I British citizen

British Overseas Territorie­s citizen

British overseas citizen

British subject

British national (overseas)

British protected person

Just for completene­ss, persons who may also be EU citizens over there should take note that there will be no change to the rights and status of those persons living in the UK until 2021. Those persons and their families can apply for ‘settled status’ to continue living in the UK after June 2021. This scheme will open fully by March 2019.

I hope this helps.

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