>On Sun, 29 Jun 2003 02:44:24 GMT, S B <s_brook.nothere@not.here.for.spam.att.canada.ca> wrote:Then on arrivalin the UK you show you UK or US passport for entry - except if you showyour US passport your stay will be time limited.
A time-stamp in the US passport of a dual UK/US citizen makes no
difference to the holder's legal status as a British citizen. He is
free to stay longer or work if he wishes.
The problem is that if he gives any indication of this to British
immigration officers (after presenting a US passport) he's going to
get a grilling until he can show some evidence he's British.
Jeremy
This is not intended to be legal advice in any jurisdiction
Stephen Gallagher
06-30-2003, 01:37 PM
> > A time-stamp in the US passport of a dual UK/US citizen makes no difference to the holder's legal status as a British citizen. He is free to stay longer or work if he wishes. The problem is that if he gives any indication of this to British immigration officers (after presenting a US passport) he's going to get a grilling until he can show some evidence he's British. Well, tell that to the immigration officers. I discussed this when my daughters entered the UK with Canadian passports ... Time limited, not valid for work. They must present proof of UK citizenship to authorities to remain in the UK. No proof of citizenship, can't stay.
I believe that what Jeremy was trying to emphasize is that
if a British citizen is admitted to the UK using a passport
that doesn't document his British citizenship, the restrictions
placed on the admission don't override the rights that he
holds as a British citizen. He just may have to
prove that he holds these rights at some later date.
In your case, the immigration officers did and said exactly what
they were supposed to. If your daughters entered the UK
on Canadian passports without any other official documentation
at the port of entry which that proved they were entitled
to live, work or study there, then UK immigration had no choice
but to admit them for a temporary visit and to endorse their
passports to say that they were not allowed to take up employment.
But, if your daughters really do hold British citizenship,
they would not, in reality, be subject to the conditions
stamped in their passports, as long as if when they later
needed to prove their citizenship they could.
For example, let's say that your daughters
were admitted as visitors but they never did leave the UK.
If UK immigration later came knocking at the door with a
deportation order, your daughters would simply have to
present proof of their British citizenship at that time.
And if they had such proof, then immigration would not be
able to force them to leave the UK, on the basis that they
entered as Canadians.
Stephen Gallagher
Stephen Gallagher wrote:
..> ... He just may have to prove that he holds these rights at some later date.
I didn't quite read it that way ... but it certainly was what I was
trying to describe ... a little less eloquently than you did, and
probably less effectively :-)
In your case, the immigration officers did and said exactly what they were supposed to.
Agreed. But what I was getting at here in what they said was "no proof
by the time the expiry date arrives, you have to leave (or else face a
lot of hassles).
For example, let's say that your daughters were admitted as visitors but they never did leave the UK. If UK immigration later came knocking at the door with a deportation order, your daughters would simply have to present proof of their British citizenship at that time. And if they had such proof, then immigration would not be able to force them to leave the UK, on the basis that they entered as Canadians.
Agreed, but if unable to adequately present such proof they could be
deported.
This is extremely hypothetical, and unlikely, since we can soon find
proof of citizenship for them ... but the point being that by entering
the UK with the UK passport as opposed to a foreign passport, it can
save a lot of possible hassles.
Stuart