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chatham-chamber
chatham-chamber, Solicitor
Category: Immigration Law
Satisfied Customers: 11614
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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I am a New Zealander who has been living and working in the

Customer Question

I am a New Zealander who has been living and working in the UK since July 2004 with my British husband of 44 years. I hold a NZ passport and have had a Right of Abode certificate in each passport (currently still renewed after 5 years for NZ) - we decided a few years ago to stay in the UK permanently and support my daughter and her family
The passport that holds my last ROA cert expired on 29 March 2016 but I obtained the replacement passport last year (issued 02 October 2015) before I went to visit relatives in NZ and sort/pack possessions we had in store - this was because I could see that returning to the UK on 04 March 2016 left very little time to renew the passport before it expired. I was advised by Border Control to use the new passport for travel and keep the old passport with me to show the existence of the ROA (still 'valid' until 29 March).
Since returning in March, I had been trying to decide whether to renew the ROA cert or take up the option of naturalisation. It appears that the latter is not an option at this time as I have been out of UK for more than 90 days in the last 12 months - therefore I need to renew the ROA cert. However, my husband has arranged a short trip to the south of France to see good friends of ours and that will be within the next 2 weeks.
As I will need to hand in my passport with the ROA application when I submit it but need to keep it with me meantime for the trip, how do I stand status-wise when I return from the trip without an ROA cert in my passport? Do normal visitor rules apply and am I free to 'catch up' with the ROA after the trip? (I have been having fears about being refused entry - it is too much to consider right now).
Thank you,
Elaine *******
Submitted: 6 months ago.
Category: Immigration Law
Expert:  chatham-chamber replied 6 months ago.

Hi,

In order to enter the UK for settlement, you will need your ILR (ROA) entitlement, regardless of if it is in your previous passport.

As a New Zealand national, you should be granted a visitor visa at the port of entry, for a period of 6 months.

If your passport has expired, you will need to keep both passports together to ensure trouble free entry.

I hope this answers your question. If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

Kind regards,

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