Will I have the right to stay longer than granted at arrivial after receiving UK PS ?

[Guest Matthew]

I'm not returning to the UK but I thought this would be a good place for my question.

 

I'm an Australian citizen and a UK citizen by descent. I have an Australian passport and am looking at flying to Cumbria in 5 or 6 weeks (to take my grandmother's ashes home and to research family history -- My grandmother having immigrated her family to Adelaide in 1969). But I'm having difficulty getting the following question answered:

 

If were to apply for a UK passport in the UK and received it there, would that (as proof of UK citizenship) allow me to stay longer than (and override) the usual "up to six months stay" given upon arrival? Or would showing the appropriate certificates (that I would later show to gain the UK passport) upon arrival grant me a longer than usual stay? I know I could send for the UK passport from here but I'll miss my grandmother's birthday (the date I'd like to spread her ashes) waiting for it to return.

 

Could anyone please advise me or guide me to a more appropriate body to ask? HM Passport Office bounced me to UK Visas and Immigration who have not returned contact, although I will try again. Thank you!

[snifter]

It should. There was a thread recently about UK and Aus passports etc and entering the UK on an Aus passport because UK one expired. In principal you are supposed to enter/depart the UK on a UK passport if you are a citizen, and same for Aus. Not having one is fine but until you get the paperwork sorted and the passport in hand, you will perhaps only have tourist status. A birth certificate does not count as citizenship as I understand it. Unlike Aus, which issues citizenship by descent certificates, the UK does not. Its passport that shows proof, least as I know of.

 

Personally, I'd have gotten the UK passport in advance of leaving Aus and entered the UK on it. But if this is short notice I get why you don't want to chance it.

 

Get it sorted before you go if they do a rush job for overseas or sort it as soon as you arrive and perhaps go in person to the passport office and get it issued quickly? And ask if you need to notify anyone. If you plan to live and work in the UK you'll then need a NI number and other things Also the right of abode thing to claim any gov payments etc, you can find all the info about that too.

[Guest Matthew]

It should. There was a thread recently about UK and Aus passports etc and entering the UK on an Aus passport because UK one expired. In principal you are supposed to enter/depart the UK on a UK passport if you are a citizen, and same for Aus. Not having one is fine but until you get the paperwork sorted and the passport in hand, you will perhaps only have tourist status. A birth certificate does not count as citizenship as I understand it. Unlike Aus, which issues citizenship by descent certificates, the UK does not. Its passport that shows proof, least as I know of.

 

Personally, I'd have gotten the UK passport in advance of leaving Aus and entered the UK on it. But if this is short notice I get why you don't want to chance it.

 

Get it sorted before you go if they do a rush job for overseas or sort it as soon as you arrive and perhaps go in person to the passport office and get it issued quickly? And ask if you need to notify anyone. If you plan to live and work in the UK you'll then need a NI number and other things Also the right of abode thing to claim any gov payments etc, you can find all the info about that too.

 

Thanks so much for the fast response and what I was hoping to hear too. I'll look for that thread shortly and have a greater look around. I wasn't even aware I was a UK citizen by descent or that I had a right to a UK passport until the other day when the lady at the flight centre mentioned it.

 

I don't think they will rush it outside of the UK without good cause so I'll apply in person in the UK and get it done fast. My only worry was that the tourist status wouldn't be allowed to change, but now it sounds like it will be alright. Thanks for your help! I'll look into the NI number as well

[Rachiegarlo]

Just check the "by descent" rules. I was born in Saudi to British born parents, when the UK changed all their citizenship stuff, this meant I became British by descent. Unless my children were born in the UK or taken back to UK before they were 1( as long as I could prove at least 3 of my formative years were spent in the UK) they were not entitled to UK citizenship. They could however have applied for a 5 year visa as their grandparents were UK born, but it's not the same and costs money and requires proof of funds etc.

[Guest Matthew]

Just check the "by descent" rules. I was born in Saudi to British born parents, when the UK changed all their citizenship stuff, this meant I became British by descent. Unless my children were born in the UK or taken back to UK before they were 1( as long as I could prove at least 3 of my formative years were spent in the UK) they were not entitled to UK citizenship. They could however have applied for a 5 year visa as their grandparents were UK born, but it's not the same and costs money and requires proof of funds etc.

 

 

Thanks, I will look into it further but I think I'm safe. Only problem may be my mother only spending her first 3 years in UK before coming to Australia. I'd known my children wouldn't automatically inherit it like I have but the rest is good to know. Thank you

[samandcraig]

Whereabouts in Cumbria matthew??

[Guest Matthew]

Whereabouts in Cumbria matthew??

 

My grandmother is from Crosby-on-Eden but other family roots in Warwick Bridge, Brampton and Silloth to name a few

[sidestep]

Look at it this way - given the unchecked hordes of immigrants from almost everywhere on the planet taking over the British Isles do you really think they'll drop everything to hunt you down because you've overstayed the six month period? Seriously?

[samandcraig]

My grandmother is from Crosby-on-Eden but other family roots in Warwick Bridge, Brampton and Silloth to name a few

 

Oh silloth is just down the road from us......good luck, hope everything works out for you x

[Guest Matthew]

Look at it this way - given the unchecked hordes of immigrants from almost everywhere on the planet taking over the British Isles do you really think they'll drop everything to hunt you down because you've overstayed the six month period? Seriously?

 

But what will happen once I go to depart if I have overstayed?

 

Oh silloth is just down the road from us......good luck, hope everything works out for you x

 

Thank you Where are you guys from? I also have some family roots nearby at Aspatria and Gilcrux.

[samandcraig]

But what will happen once I go to depart if I have overstayed?

 

 

 

Thank you Where are you guys from? I also have some family roots nearby at Aspatria and Gilcrux.

 

we are in Workington, we go out to Adelaide in March....

[Guest Matthew]

we are in Workington, we go out to Adelaide in March....

 

Cool, I'll be going out there to visit Harbour Terrace, an ancestor spot from way back. Good luck come March

[Guest Claire-n-tel]

But what will happen once I go to depart if I have overstayed?

 

Hi Matthew!

 

You are right to be cautious......it is not a good idea to just overstay a visitor visa......see below....

 

 

The UK Border Agency has announced important changes to the way applications from visa overstayers will be treated.

 

Starting 1 October 2012, if you have overstayed your leave or permission to stay in the UK by more than 28 days any application for further leave will be automatically refused.

 

 

The Government will incorporate this change into the Immigration Rules and will affect applicants applying for further leave or visa extensions under:

 

 

the points-based system;

all working and student routes;

visiting routes;

long residency routes;

discharged HM Forces; or

UK ancestry routes.

[Guest Matthew]

Hi Matthew!

 

You are right to be cautious......it is not a good idea to just overstay a visitor visa......see below....

 

 

The UK Border Agency has announced important changes to the way applications from visa overstayers will be treated.

 

Starting 1 October 2012, if you have overstayed your leave or permission to stay in the UK by more than 28 days any application for further leave will be automatically refused.

 

 

The Government will incorporate this change into the Immigration Rules and will affect applicants applying for further leave or visa extensions under:

 

 

the points-based system;

all working and student routes;

visiting routes;

long residency routes;

discharged HM Forces; or

UK ancestry routes.

 

Thanks Claire-n-tel, I thought it would be something like that. I won't be risking it

[Guest Claire-n-tel]

Start off by taking this citizenship wizard test......then if you are eligible I would suggest that you apply from here for a uk passport, good luck

[Guest Matthew]

Start off by taking this citizenship wizard test......then if you are eligible I would suggest that you apply from here for a uk passport, good luck

 

I've taken the "Check if you're a British citizen" test on http://www.gov.uk and gotten a positive result, but it's important for me to be in England by March so it's too late to apply for the UK passport here. Hopefully I'll obtain it there and my tourist status will change, but if not then six months should be enough anyway. Just wanted more freedom

[snifter]

I've taken the "Check if you're a British citizen" test on www.gov.uk and gotten a positive result, but it's important for me to be in England by March so it's too late to apply for the UK passport here. Hopefully I'll obtain it there and my tourist status will change, but if not then six months should be enough anyway. Just wanted more freedom

 

If you don't want to or cannot apply for some reason, are you within the age range for a WHV type visa (its called something different in the UK). Would mean you could work, stay in the UK a year or two, do the things you'd like.

[Guest Matthew]

If you don't want to or cannot apply for some reason, are you within the age range for a WHV type visa (its called something different in the UK). Would mean you could work, stay in the UK a year or two, do the things you'd like.

 

I should be eligible for a few more years so I can keep that in mind for the future if for some reason I'm unable to obtain a UK passport on this visit, but as right now it sounds like I can fly over as a tourist, obtain the UK passport over there and have my tourist status changed to reflect citizenship. If not, then at least I'll have up to six months anyway

 

Can anyone please advise on how to go about booking return tickets if you're unsure of the return date?

Edited January 16, 2015 by Matthew

[Guest Claire-n-tel]

Departure date or return date?

[Guest Matthew]

Departure date or return date?

 

Whoops, yes I meant return date.

[Guest Claire-n-tel]

Ok!.....just book a return for within 6 months ie before your tourist visa runs out and make sure it is a flexible fare ie you can change the dates for free or very little......when you are there if you sort your passport and are able to stay longer you call the airline and change your return date.

 

we've changed flight dates several times, just be aware that you would have to return with 12 months or your ticket will become invalid

[Guest Claire-n-tel]

Also if you want to enter the uk on a tourist visa you have to have return tickets within your visa validity or they may not allow you to board the plane this end

[Guest Matthew]

Ok!.....just book a return for within 6 months ie before your tourist visa runs out and make sure it is a flexible fare ie you can change the dates for free or very little......when you are there if you sort your passport and are able to stay longer you call the airline and change your return date.

 

we've changed flight dates several times, just be aware that you would have to return with 12 months or your ticket will become invalid

 

Also if you want to enter the uk on a tourist visa you have to have return tickets within your visa validity or they may not allow you to board the plane this end

 

Thanks a lot for the info Claire-n-tel, I'll keep it in mind and be sure to ask for a flexible fare

 

Although just to add, I don't have a tourist visa. It's my understanding that Australians don't need a visa to visit UK for up to six months (unless you have a criminal record, etc). I hope I'm not wrong..

[Guest Claire-n-tel]

Yeah they grant you visa on arrival I mean just be aware of the 6month validity and make sure you have a ticket out within that

[Guest Matthew]

Yeah they grant you visa on arrival I mean just be aware of the 6month validity and make sure you have a ticket out within that

 

Alright cool, thank you again