After reading/writing posts on Blogdial about the linking of ID card uptake to passport applications as part of the government’s ‘volutary’ introduction of the NIR, http://irdial.com/blogdial/?p=108 and following, the following thoughts sprang immediately to mind:If I refuse an ID card, I will be unable to get a passport.
If I cannot get a passport, I am for all intents and purposes interned in my own country.
My government cannot deny my travel and/or entry and exit to my own country.
Therefore it follows: passports must not be required for a British citizen to transit UK borders.
Could this last part be true? I had no idea.
So I wrote to Charles Clarke (clarkec@parliament.uk). I have yet to receive a response.
I wrote to the Home Office general enquiries address. I have yet to receive a response.
I wrote to my MP, Hugh Bayley, who is one of the least rebellious members of the Labour party and has consistently voted in favour of the introduction of ID cards.
He is a typical, spineless, mindless, gimp of a career politician.
I wrote to him and he failed to answer my questions. I am a constituent of his. He works for me. I remind him of this fact. It is something to remember. They work for you.
I wrote to the UK Passport Service and asked them what exactly are “the legal requirements for a UK citizen entering and leaving the UK of their own free will.”
They replied:
A person who is a British citizen is not subject to immigration control and is free to enter or leave the United Kingdom without restriction. A British citizen who travels on a passport issued by another country will need to apply for a Certificate of Entitlement to the Right of Abode to be endorsed in his passport to confirm he has unrestricted entry to this country.
I was stunned! What did this mean? As a lay reader I immediately thought, there is NO requirement for a passport! I can come and go as I please!
And if I decide to use a second passport, perhaps Irish, or Canadian, or one obtained as outlined at sites such as http://www.escapeartist.com/passports/passports.htm all I need is a stamp showing I have the Certificate of Entitlement to the Right of Abode. Then I’d be free from having to ever enter the NIR. Right?
Well, obviously I can’t be right. There must be some legal requirements stipulated? Some guidelines as to how I prove I am a British citizen? And the CoERA… will application for this stamp be subject to NIR enrolement?
First, on the requirements, all I can find is actually on the CoERA page…
2. THE RIGHT OF ABODE 2.1 If you have the right of abode in the United Kingdom, this means that you are entirely free from United Kingdom immigration control. You do not need to obtain the permission of an immigration officer to enter the United Kingdom, and you may live and work here without restriction. 2.2 However, you must prove your claim by production of either: a) a passport describing you as a British citizen or as a citizen of the United Kingdom and Colonies having the right of abode in the United Kingdom; or b) a certificate of entitlement to the right of abode in the United Kingdom issued by or on behalf of the Government of the United Kingdom.
So a UK passport may be required, although the expiry date remains in question: why should a passport allow free travel one day, and not the next, due to an arbitrary 10-year limit? Is even an expired passport proof of British citizenship?
Are other documents also valid? A birth certificate, for example, which is required in order to get a passport! It seems that I would have to wade through: “The law covering the right of abode in the United Kingdom is contained in the Immigration Act 1971, the British Nationality Act 1981 and the regulations made under them.” in order to find the details. But I would like it stated in clear, factual, lay terms by the UKPS or the Home Office, if possible. As for the CoERA stamp, the application at present seems to be postal only. No interview, no data-rape.
To summarise the current situation: I remain confused as to the exact requirements outlined in my communication with UKPS and on their webiste. I have therefore asked for clarification on exactly what this (a British citizen is not subject to immigration control and is free to enter or leave the United Kingdom without restriction) means in practical and legal terms.
The answers to these questions must be found. If you can help, get in touch. If you know the current legal status, get in touch. If you want to prevent the government from closing every loophole and interning British citizens for want of a ‘voluntary’ NIR entry, help us to know the facts as they stand, so that we may exploit this loophole and disempower the NIR.