ACCESS
DENIED
By Rebecca
Miller
St.
Lucian born Rogers Jean Baptiste said that he was utterly
astounded at the refusal of the British Home Office to grant
him British citizenship following his four year service in
the British army including two tours of Iraq.
According to reports Jean Baptiste was determined ineligible
for citizenship because he had submitted his application on
the wrong date due to the fact that he was not on British
soil on the same date five years earlier. Reports further
indicate that the application had been made on January 17,
2008 but ironically on January 17, 2003 the soldier was posted
on an army base in Germany.
Jean Baptiste was reported as saying of his disappointment,
“I felt insulted. I felt humiliated, I was gob smacked.
If I had died in battle, the politicians would have told my
family, “he was a hero,” but here I am , I’m
alive, I’m trying to help myself and I am being turned
down. That is blatant hypocrisy.”
The fact that he volunteered for a second tour of duty and
after four years left the service with an “EXEMPLARY”
certificate does not make a difference. Neither does he score
points toward his citizenship application having served as
a community police officer in Britain.
However, the Home Office claims that it is not entirely inflexible
for according to an official from that department; Mr. Jean
has been granted indefinite permission to remain and work
in the United Kingdom until he is eligible to apply again
for citizenship in 2011.
For
his part, the former Lance Corporal who now works with the
Metropolitan Police 2011 may be a long time to wait while
he has to stay within the confines of Great Britain. He has
reportedly voiced the concern that he is unable to travel
outside of the United Kingdom without a British passport.
Information with Immigration law as it relates to Nationality
Status for British soldiers: “Foreign and Commonwealth
citizens enlisting into the British Army are exempt from immigration
control under section 8 (4) (a) of the Immigration Act 1971.
F&C soldiers may apply for naturalization as British citizens
whilst in the HM Forces; although time spent in the UK whilst
exempt under section 8(4) (a) does not count automatically
towards the 5 year (3 years if married to a British citizen)
qualifying residence period. The Home Office may exercise
the discretion available in the 1981 Act to count time spent
whilst exempt as qualifying for residence in certain cases.
This would normally apply if individual applicants have been
discharged in the UK after an application for naturalization
has been made and they have been granted indefinite leave
to remain. Alternatively if they are still serving in the
UK and the Home Office would be willing to grant indefinite
leave to remain but for them to still be exempt, the same
discretion might apply. Soldiers holding some form of British
nationality other than British citizenship may not need to
apply for naturalization. Instead, they may have an entitlement
to be registered as British citizens on the same basis of
5 years residence. For the purposes of this registration entitlement,
time spent in the UK whilst exempt from immigration control
is automatically counted as qualifying residence.”
Apparently, the laws pertaining to obtaining British citizenship
as a commonwealth or foreign soldier in the British army is
based on personage rather than participation and undoubtedly
explains Jean Baptiste’s indignation.
Reportedly he said, “This is a slap in the face. It’s
a waste of my time and everything I fought for. It’s
a betrayal.”
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