Applying for a certificate of entitlement
Dear Mr Bassie,
I AM a citizen of the Commonwealth. I would like you to please explain what a certificate of entitlement is and how one may be obtained.
CC,
Dear CC,
Persons who have the right of abode are allowed to live or work in the United Kingdom (UK) without any immigration restrictions. This means that those persons will not need a visa to go to the UK, and there is no limit on the length of time that they can spend in the country. Please note that all British citizens automatically have right of abode in the UK and some Commonwealth citizens may also have right of abode.
Persons can prove 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 they will need to apply for a ‘certificate of entitlement’. Persons should apply for a certificate of entitlement to prove they have right of abode in the UK and if successful this will be put into their passport. Please be aware that an application for a new certificate will need to be made when the passport expires.
Please note that how the application for a certificate of entitlement is made will depend on whether the applicant is inside or outside the UK. It should be further noted that persons cannot get a certificate if they already have a British passport or a valid certificate of entitlement in another foreign passport.
When applying in the UK, Channel Islands or the Isle of Man, a certificate of entitlement costs £372. Persons should read the guidance online to check if they are eligible and if they are they should fill in the form online. The applicant will usually be able to keep their documents while the application is being processed.
Applicants will usually get a decision on the 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 that person with the decision letter.
When applying from outside the UK or from a British overseas territory, persons must apply online. Please note that a certificate of entitlement costs £388 outside the UK.
The applicant will usually get a decision on the application within three weeks of attending an appointment at a visa-application centre. If the application is approved, the certificate of entitlement will be sent to that person with the decision letter.
Persons should be aware that the application fee will not be refunded if the application is refused because he/she does not qualify for right of abode or the applicant does not send in enough evidence to support the claim.
APPEALS
Unsuccessful applicants will be told how they can appeal if the 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.
Just for completeness, persons who were not successful and made their application in the UK, can apply to have their application reconsidered if they think United Kingdom Visa and Immigration did not make the decision in line with the law or their policy.
I hope this helps.
John S. Bassie is a barrister/attorneyat-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 past global president of the Chartered Institute of Arbitrators and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com