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Stuart J
Stuart J, Solicitor
Category: Traffic Law
Satisfied Customers: 22401
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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As DVLA was not notified of new address when I moved more than

Customer Question

As DVLA was not notified of new address when I moved more than 20 years ago I didn't
have a notice of renewal for my driving license which will expire on 23 June 2013 the date of my 70th birthday. I went to the local DVLA office in Wimbleton today and the officer refused to renew my license because I could not prove my residence in UK and I could not produce a UK State Pension which I do not know how to apply for one since my retirement. I produce both Singapore ID and Passport when ask to prove my ID.
I was informed that as my current passport has only a six months tourist stamp and not a UK permanent residence stamp I am not entitle to a UK Driving License.

On 21 June 2013 I'll be leaving for holiday in France the officer said if I return even after the expiry date of 23 June with a UK residence stamp on my old passport I can still renew my driving license.

Please advise of me of legal status and alternative ways to have my license renewed in view of the above circumstances as a need a valid license to drive in France. Your early response on a basis of urgency will be much appreciated. Thank You for your assistance in this matter.

Sim Nget Seer
Submitted: 3 years ago.
Category: Traffic Law
Expert:  Jo C. replied 3 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

I am sorry for the delay you've experienced.

I am sorry and I wish there was something else I could say but the difficulty you face is this. To be given a driving licence you need to be resident in the UK. You may be resident in the UK but you need to be able to proof that to the DVLA. Unfortunately some people do give them false information on the point so they will not just accept an applicant's word.

If you cannot produce a biometric passport then they will accept a residence permit but not a temporary visa.

You can drive in the Uk legitimately upon other driving licences. However, to be granted a driving licence in the UK you need to be a full time resident. You might be but you need to prove it.

I'm very sorry if this is bad news.

Can I help further?
Customer: replied 3 years ago.
Relist: Answer quality.
Dear Madam

I'm already holding a valid UK Driving License which need to be renewed on 23 June as I'm only renewing an existing valid driving license which is totally different from applying for a new driving license. The legal technical aspect of the renewal of an existing valid UK license and the application for a new driving license are totally different matter which need to be investigated further. With due respect to you kindly enlighten me with your legal expertise in the legal differences as I'm not completely in agreement with your legal interpretation of the need for proof of UK residence for the renewal of an existing valid UK driving license.

Your early response will be greatly appreciate.

Sim Nget Seer
Customer: replied 3 years ago.

Dear Madam


 


I'm already holding a valid UK Driving License which need to be renewed on 23 June as I'm only renewing an existing valid driving license which is totally different from applying for a new driving license. The legal technical aspect of the renewal of an existing valid UK license and the application for a new driving license are totally different matter which need to be investigated further. With due respect to you kindly enlighten me with your legal expertise in the legal differences as I'm not completely in agreement with your legal interpretation of the need for proof of UK residence for the renewal of an existing valid UK driving license.


 


Your early response will be greatly appreciate.


 


Sim Nget Seer


 

Expert:  Jo C. replied 3 years ago.

OK. Good luck then. Opting out.

Expert:  Stuart J replied 3 years ago.






I have been asked to look at
this for you.



I looked at my colleagues
answer and can only agree with it.



Whilst you may not agree with
her answer, and it does correspond with what you are being told by DVLA.



The fact remains that you
have to be a UK resident to get a UK driving licence and whilst I accept that
you have been a UK resident for the last 20 years in the DVLA's eyes that does
not necessarily mean that you are not illegally here in the UK.



Proving identification does
not prove that you are allowed to live here.



 



I can also tell you that
unless you get the necessary stamp in your passport your remedy is via judicial
review which could take at least 12 months and more likely two years. You could
of course make a formal complaint but from past experience, you might as well
save yourself the stamp.



 



I also accept that this is a
renewal but the DVLA have really tightened their procedures up in the last few
years and the chances are that you applied for a driving licence today using
the information you provided 20 years ago, you would not get it.



There is simply not a magic
solution to your problem.



I'm sorry, I appreciate that
this is not the answer you wanted but there is no point in me misleading you.

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