Is this man a ex CUKC? does he have nationality or ILR?

[Chachi]

Hi all

any advice here is appreciated.

Where a Jamaican National entered the UK on a CUKC passport (this would have been in the 1950s and early 1960s) as a "freelander" and continued to reside in the UK without leaving - what would there UK status be and how do they prove it?

He didnt retain his original passport with the ILR (equivalent) stamp and he now has a new jamaican passport issued i 1986 which has no visa/status stamp in it.

I udnerstand that as a Jamaican National, once Jamaica obtained in independence in 1962, CUKC passport holders had to "opt in" to keeping thier British Citizenship and therefore would have automatically become Jamaican again after the transitional period of Jamaican becoming independent.

This question relates to a man in his 50s who entered the UK in 1961 and has resided here since. He went to school. worked and obtained a council flat.

Now that he wished to claim benefits the DWP are questioning his UK status.

So my questions are:

1. does he have British Citizenship under the 1971 Act?
2. If not, does he have ILR by automatica right?
3. If not, will he need to pay if he wishes to apply for ILR under the 14 year rule?
4. Is it possible to just write to the UKBA asking for prove of status without paying?

[JAJ]

I am not aware of any "opt-in" provisions in the Jamaica independence legislation. He lost CUKC if he became a Jamaican citizen in 1962 and did not have dies (usually a father or paternal grandfather) to the UK itself or a place that remained a colony.

Those who lost CUKC at independence had to apply to the Home Office or a colony/protectorate governor to be registered as CUKC.

1. Probably not, unless he had some UK/colony ancestry.

2. If he can prove he arrived before the Commonwealth Immigrants Act 1962 came into force (some time in 1962) he should be deemed to have ILR.

3. I think form NTL is used to apply for evidence of ILR already held. He will need to provide evidence of his 1961 arrival in the UK (keep copies of everything, etc). There is a fee.

3A. If he can't find any evidence of his 1961 arrival he will have to get ILR under the 14 year rule. But the problem with this (compared with proving his 1961 arrival) is that he won't be able to progress to citizenship for some years.

4. No matter what, fees will be payable.