My client came here from Jamaica in 1967 when he was 7 yo.

He's recently had to claim benefits which have been refused as he has no proof of his status.

He's worked in various jobs and for a short time last year he was paid JSA until it suddenly stopped. He doesn't know why and I've not heard from JCP yet as to the reasons for this apart from a call to say the new claim iss because he hasn't provided evidence he has the right of abode.

I would have thought as a Commonwealth citizen this was automatic but I'm not sure.

He's been to the Jamaican Embassy and they've told him the entry stamp in his passport from 1967 should suffice.

I don't know whether this has any bearing at all but after he'd been here 3 years he was taken into care and was only discharged from the Care Order when he was 18.

Can anyone shed any light on this for me please. My client is destitute and his mortgaged property about to be repossessed.

"He's been to the Jamaican Embassy and they've told him the entry stamp in his passport from 1967 should suffice".

Section 2 of the Immigration Act 1971 is in the following terms and should provide a starting point:

2. Statement of right of abode in United Kingdom.— (1) A person is under this Act to have the right of abode in the United Kingdom if—
(a)he is a British citizen; or
(b)he is a Commonwealth citizen who—
(i) immediately before the commencement of the British Nationality Act 1981 was a Commonwealth citizen having the right of abode in the United Kingdom by virtue of section 2(1)(d) or section 2(2) of this Act as then in force; and
(ii) has not ceased to be a Commonwealth citizen in the meanwhile.

(2) In relation to Commonwealth citizens who have the right of abode in the United Kingdom by virtue of subsection (1)(b) above, this Act, except this section and

Cheers Paul

I'd considered this and have now eventually managed to speak to his IAS adviser who has told me only that it's a complex nationality case and he's had to ask their research team for advice. I think it's something to do with the Care Order and the LA being in loco parentis. He can't get back to me until next month.

I've emailed a couple of immigration specialists and am awaiting a response.

Thanks again

I'm not an immigration specialist but it is my recollection that the Immigration Act 1971 was passed (in part) to reduce the number of commonwealth citizens who had an unfettered right to come and live in the UK. It introduced the concept of Citizenship of the United Kingdom and Colonies and also of patriality.

Can you not get your client an appointment with an immigration specialist ?

We've seen some similar cases - there are multiple (2 or 3) periods where common wealth citizens living in the UK could get UK citizenship (not just the one date above - there was a later amnesty for it I believe). For at least some of these people had to take steps to be registered. Because of the age of your client when he arrived he may also have been included in claims made by family members....

It's a terrible mess - particularly where people haven't got all their immigration papers, which those who arrived as children don't tend to.

I'm not sure a single stamp in a passport could be sufficient. It doesn't prove he was in the UK at all times after that date.

But the real problem is this doesn't just affect his benefit, it could affect him the next time he applied for a job, if he leaves the UK and wants to return....

He needs to resolve this quite separately from your work on his benefit. If he can't prove existing status he'd have to qualify all over again under the 14 year rule (and we actually had someone have to do that!). If he does have status he's going to need comfirmation of that from a solicitor, or from the Home Office...

I can't see how this can be dealt with within a single benefit enquiry.

Victoria J

Yes I know. It's been a nightmare but I've managed to get him an appt (today as a matter of fact) with a firm with an excellent reputation in immigration matters so hopefully they can start the ball rolling

If he actually has got the right of abode they can't take it away. It's not like indefinite leave to remain - doesn't lapse if you leave the country. I would doubt he had unless he has acquired British nationality. But he may well have settled status.

sue, when it's all sorted out, your client will almost certainly have a right to reside. it might be worth arguing for interim payments - and from what you say, maybe human rights arguments for JR if interim payments are refused?

Thu 26-Mar-09 11:15 AM by suelees

Thanks and to update you all...

I've had a fax through this morning from the immigration solicitors. They're convinced the entry certificate stamp along with the immigration officer stamp from 1967 gives Indefinite Leave to Remain. I hope this is ok and think we can prove he's never left the country. They've suggested he gets his new Jamaican passport endorsed by the Home Office (how long this will take is another matter). I'm awaiting a call back from the appeals officer so I'll discuss the interim payments then.