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62-545: The group wanted the law to be changed so that all Gurkhas who served in the British Army would gain the right of abode , whereas under previous legislation only service personnel from Commonwealth countries bore that right. The campaign's legal case reached the High Court , and had the support of a number of celebrities, including Joanna Lumley . The campaign eventually succeeded. Until 2004 Gurkhas were not allowed to settle in

124-512: A "de facto" form of right of abode because it can be revoked in accordance with the law. This includes cases where there is access to citizenship: In these cases there is a right of residence but without access to full citizenship rights: Phil Woolas Philip James Woolas (born 11 December 1959) is a British environmental consultant, political lobbyist and former television producer and politician who served as Minister of State for Borders and Immigration from 2008 to 2010. A member of

186-809: A BA in philosophy from the Victoria University of Manchester . Woolas joined the Labour Party at the age of 16, and became involved in student politics through the Anti-Nazi League . Before becoming an MP, he was president of the National Union of Students from 1984 to 1986, a television producer for the BBC on Newsnight from 1988 to 1990 (where he became firm friends with fellow Manchester United supporter Michael Crick ), producer at ITN 's Channel 4 News from 1990 to 1991 and head of communications at

248-563: A Liberal Democrat motion that all Gurkhas be offered an equal right of residence was passed, allowing Gurkhas who served before 1997 residence in the UK. Following the Government defeat, the Minister for Immigration Phil Woolas announced that a further review would be completed by the middle of July. On 5 May Joanna Lumley said that she had received private assurances of support from a senior member of

310-547: A Transport Minister, and was made a whip in 2001. In June 2003, he was appointed Deputy Leader of the House of Commons under the Government's newly appointed Leader of the Commons, Peter Hain . During the May 2005 ministerial reshuffle, he also served briefly under Hain's successor, Geoff Hoon . Between the same reshuffle and June 2007, Woolas was Minister of State for Local Government at

372-399: A candidate. Watkins claimed that leaflets issued by Woolas falsely portrayed Watkins as taking unlawful foreign donations, and linked him to Islamist extremists. During the court case, held in public at Saddleworth Civic Hall, a number of emails between Woolas and his campaign team emerged. In one, Woolas's agent and former Labour councillor Joseph Fitzpatrick emailed Woolas and Steven Green,

434-522: A few European countries require all persons to carry an identity card or passport and proof of nationality is normally required to take up residence in any member state. Thus, while the Schengen Agreement facilitates the movement of persons across frontiers, it makes no substantive difference to residence rights. The Nordic Passport Union gives the citizens of Nordic countries the right to freely travel to and reside in other Nordic countries without

496-572: A judicial review into the ruling, but as the Labour Party withdrew its support he had to finance it himself, and he started to ask for donations. The High Court rejected his request for a judicial review. Woolas launched a second judicial review, technically a renewed application for permission to seek judicial review, and was heard in person at the High Court on 16 November 2010. The judges' decision took longer than expected, with them saying that there were "difficult questions to resolve". Following

558-415: A national of another EU/EEA state for life. Any EU/EEA national who completes a five-year period of uninterrupted legal residence in another EU/EEA state becomes eligible for permanent residence, after which their presence is no longer subjected to any conditions, and they may apply for benefits that would previously have been grounds for removal, such as welfare. Permanent residency can only be revoked after

620-433: A new settlement for Gurkhas who were discharged before 1997. According to The Economist : Veterans would be allowed to settle only if they met one or more conditions based on length of service, gallantry or related illness. Many of the requirements seemed designed to frustrate: for example, one way to qualify automatically was by soldiering for at least 20 years, though most rank-and-file Gurkhas serve for only 15. Another

682-942: A passport or residence permit. Citizens of member states of the Gulf Cooperation Council (GCC) have freedom of movement throughout the GCC, including the right to reside and work in other GCC states with almost no restrictions. Special permanent resident (Japan) After Japan established diplomatic relations with South Korea, Japan granted a special permanent residency status to Koreans who lost their Japanese nationality after World War II but still live in Japan, as well as their descendants who born in Japan. Compare to regular Japan permanent residency, special permanent residents have more privileges, such as: they're generally immune from being deported or being denied to enter; unless they renounce their special permanent resident status or revoked. During

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744-670: A person must be a citizen of that country. However, some countries grant the right of abode for qualified non-citizens. This is distinct with the commonly-called right to land , right to live or right of residence , e.g. with permanent residency of the country generally have a de facto right of residence, but it can be revoked in certain circumstances (unlike a citizenship which can only be revoked in very limited circumstances such as fraud or national security concern), for example, conviction of crimes, or in some countries, prolonged absence from said country, and in many cases, such persons are not free from immigration control. Citizens of

806-450: A person to acquire this status without being a British citizen. Under the constitution, all Canadian citizens have the right to enter and remain in the country. Permanent residents are also conferred the right to reside and pursue a livelihood in any province or territory without restriction. This makes permanent residents the only foreign citizens with right of abode. However, permanent residents can also face revocation of this status under

868-511: A residency term of at least five years in the United Kingdom. These exceptions do not apply to other nationalities with leave to remain in the United Kingdom. All British Overseas Territories operate their own immigration controls which apply to British citizens as well as to those from other countries. These territories generally have local immigration laws regulating who has belonger status in that territory. The right of abode (ROA)

930-610: A two-year absence. Nearly all EU/EEA countries are part of the Schengen Area ; a group of countries that have signed the Schengen Agreement , which abolishes border controls between participating states, although it allows border controls to be temporarily set up in exceptional circumstances. The EEA countries and Switzerland have signed the Schengen treaty. Several of the new member states have not yet fully implemented it. However,

992-526: A variety of criteria. In Australia, Canada, New Zealand and the United States among others, foreign residents who have the right to reside permanently in the country are given the legal definition of designation of "permanent resident". Although not conferring all the rights and privileges of citizenship, it allows such individuals to enter freely as well as to take advantage of social programs and other services offered to citizens. Nonetheless, this still remains

1054-624: Is an immigration status in the United Kingdom that gives a person the unrestricted right to enter and live in the UK. It was introduced by the Immigration Act 1971 which went into effect on 1 January 1973. This status is held by British citizens , certain British subjects , as well as certain Commonwealth citizens with specific connections to the UK before 1983. Since 1983, it is not possible for

1116-405: Is an individual's freedom from immigration control in a particular country . A person who has the right of abode in a country does not need permission from the government to enter the country and can live and work there without restriction, and is immune from removal and deportation (unless the right of abode has been revoked). Generally, in order to have the right of abode in a certain country,

1178-508: The Brown ministry ). He had responsibility for climate change , energy and sustainable development . In October 2006, Woolas was involved in the United Kingdom debate over veils , particularly the case of Aishah Azmi , a Muslim teaching assistant who wore an Islamic veil in class. In February 2008, he raised the question of inter-cousin marriage as a cause of the high incidence of disability within predominantly Pakistani culture . The debate

1240-467: The Commonwealth of Nations are considered Commonwealth citizens , and have various rights in other Commonwealth countries, including the UK, such as the right-of-abode and the right to vote. In addition, British subjects born before 1984 have the right-of-abode. If a person has a British mother and was born before 1984 then under section 2(1)(b) of the Immigration Act 1971 they are considered to have

1302-572: The European Economic Area (the European Union plus Iceland , Liechtenstein , and Norway ) and Switzerland enjoy the freedom to travel to, live in, and work in any participating country without needing a work permit or visa, although transitory dispositions may restrict the rights of citizens of new member states to work in other countries. This is defined by the Directive 2004/38/EC on

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1364-549: The GMB trade union from 1991 to 1997. He first won his seat for Labour in the 1997 general election , having contested the predecessor Littleborough and Saddleworth seat at a by-election in 1995 , which was marked by Labour's particularly vicious and personal campaign, attacking the Liberal Democrat candidate, Chris Davies , as "high on tax and soft on drugs". Peter Mandelson admitted in his autobiography that they had gone "on

1426-588: The Immigration and Refugee Protection Act . The Pakistan Origin Card (POC) is issued to eligible foreigners, particularly those of Pakistani origin , who do not possess Pakistani citizenship , and offers its holders various benefits, including right of abode in the country. POC holders are also granted the right to engage in property transactions, open and operate bank accounts, and secure employment in Pakistan. Furthermore,

1488-578: The Labour Party , he was Member of Parliament (MP) for Oldham East and Saddleworth from 1997 to 2010. Prior to being elected at the 1997 general election, Woolas was president of the National Union of Students (NUS), a producer for BBC programme Newsnight and a trade unionist at the GMB trade union . In November 2010, he was found to have breached the Representation of the People Act 1983 in

1550-551: The Labour leadership election and represented him at events throughout the country. The Times described Woolas as "a campaign fixer for Mr Miliband". However, Woolas officially nominated Diane Abbott , at the request of Miliband. Woolas said, "I nominated her as an act of pluralism. We thought it would send a strong signal that David will be an inclusive leader." In his 2010 re-election campaign, Woolas's campaigning methods were heavily criticised by his Liberal Democrat opponents and

1612-695: The Ministry of Defence and the Home Office on 19 May 2009, Gordon Brown announced to the House of Commons on 20 May that the Home Secretary Jacqui Smith would make a statement on the issue the following day. Smith subsequently announced that all Gurkha veterans who had served four years or more in the British Army before 1997 would be allowed to settle in Britain. Right of abode The right of abode

1674-774: The Muslim Public Affairs Committee UK (MPACUK). Critics accused him, among other things, of "inflaming racial tensions" in an area that has already known race riots . Trevor Phillips , head of the Equality and Human Rights Commission and former Labour politician, described some of the language used in the party's leaflets as "not helpful." Woolas and his agent, Joe Fitzpatrick, were also responsible for photo manipulation of images in his election addresses. In one case they manipulated an image to show his Liberal Democrat opponent Elwyn Watkins in front of armed police, allegedly to imply Watkins had been arrested. This

1736-501: The Royal Family , and attended a meeting with Prime Minister Gordon Brown at 10 Downing Street the following day. Afterwards she described the meeting as "extremely positive", and praised Brown, saying, "I trust him. I rely on him. And I know that he has now taken this matter into his own hands and so today is a very good day". However, on the day following the meeting with Brown, five Gurkha veterans who had applied for residency in

1798-639: The Victoria Cross . On 20 November 2008, Lumley led a large all party group including Gurkhas starting from Parliament Square to 10 Downing Street with a petition signed by 250,000 people. She supports the Gurkha Justice Campaign. On 24 April 2009 she stated that she was "ashamed" of the UK administration's decision to affix five criteria to the Gurkhas' right to settle in the UK. With the support of both Opposition parties and Labour rebel MPs on 29 April 2009

1860-544: The 2020 pandemic, special permanent residents were allowed to return to Japan, while regular permanent residents were not. Right of abode in Hong Kong entitles a person to live and work in the territory without any restrictions or conditions of stay. Someone who has that right is a Hong Kong permanent resident . Foreign nationals may acquire the right of abode after meeting a seven-year residency requirement and are given most rights usually associated with citizenship, including

1922-697: The CTA without a passport and only minimal identity documents, and are subject to virtually no immigration controls. Citizens of both countries enjoy the right to live and work throughout the CTA with minimal restriction. Unlike other EU/EEA nationals, Irish citizens who move to the UK are granted a "settled status", a status that goes beyond indefinite leave to remain . Irish nationals eligible for deportation are treated more leniently than other EU/EEA nationals, and are not automatically subjected to deportation procedures when convicted of crimes, as Parliament has considered "the close historical, community and political ties between

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1984-693: The Deputy Prime Minister's Office and then the Department for Communities and Local Government , the 2006 successor to the DPMO. During 2005, Woolas was accused of evading parliamentary questions with regard to public calls for reform of the Local Government Ombudsman in 2005. On 28 June 2007, he became Minister for the Environment at the Department for the Environment, Food and Rural Affairs (in

2046-556: The MP's campaign adviser, to say: "Things are not going as well as I had hoped ... we need to think about our first attack leaflet." A reply from Fitzpatrick said: "If we don’t get the white vote angry he's gone." During the course of the court case, both Woolas and Fitzpatrick were cautioned by the presiding judge in respect of possible criminal charges relating to election offences. The court hearing finished in September 2010. On 5 November 2010,

2108-570: The POC serves as a substitute for a National Identity Card for its holders. The POC is distinct from the National Identity Card for Overseas Pakistanis (NICOP), which is issued to Pakistani nationals residing abroad who hold dual citizenship. The nationality laws of many countries allow foreign citizens to reside permanently in the country without seeking citizenship. This status is usually accorded following application and selection based on

2170-604: The UK would have to meet one or more of five requirements. These were; Campaigners claimed that under the rules, only around 100 Gurkhas would qualify for residence, although the government figures suggested that as many as 4,300 would be eligible to settle. The rules would disqualify many from being able to settle in the United Kingdom, as indicated by an article which appeared in The Economist : Veterans would be allowed to settle only if they met one or more conditions based on length of service, gallantry or related illness. Many of

2232-589: The United Kingdom and Ireland, along with the existence of the Common Travel Area." Irish citizens are therefore legally subject to deportation from the UK only where recommended by a court in sentencing or in exceptional circumstances where that deportation is in the public interest. Irish law provides even stronger protections for British citizens. British citizens are completely exempt from deportation from Ireland, and are almost never treated as foreigners by law. In addition, some nationals of member states of

2294-485: The United Kingdom received letters telling them that their appeals had been rejected. Lumley confronted Phil Woolas at the BBC Westminster studios about the issue and, after pursuing him around the studio, the pair held an impromptu press conference in which she pressured him into agreeing to further talks over the issue. Following a Commons Home Affairs Committee meeting in which talks were held between campaigners,

2356-471: The United Kingdom. However, the Labour government under Tony Blair changed the rules so that Gurkhas who retired after 1997 would be allowed to settle in the UK, 1997 being the date when the Gurkha Brigade headquarters moved from Hong Kong to Britain. Soldiers who retired before this date, however, were only allowed the same settlement rights in exceptional circumstance. The Gurkha Justice Campaign wanted

2418-467: The accusations of bullying made against Gordon Brown and other members of the UK cabinet, Woolas was quoted as referring to the head of the National Bullying Helpline , Christine Pratt, as "this prat of a woman" in a radio interview. In spring 2009, Woolas was involved in a controversy regarding the rights for Gurkhas to settle in the United Kingdom. On 24 April 2009, Woolas proposed

2480-601: The actress Joanna Lumley , whose father served in the 6th Gurkha Rifles , became the public face of the campaign to provide all Gurkha veterans who served in the British Army before 1997 the right to settle in Britain, and ran a highly publicised and successful campaign. Those serving following 1997 had already been granted permission but the UK Government has not extended the offer to all of the Gurkhas, who are natives of Nepal . They have served Britain for almost 200 years with over 50,000 dying in service, and 13 have been awarded

2542-454: The attack", writing "After the campaign was over, not only our opponents but some in Labour would denounce our 'negative' tactics in highlighting Lib Dem front-runner Chris Davies' support for higher taxes and a Royal Commission to liberalise drugs laws. For tactical reasons, I felt we had had little choice". In 1999, Woolas became parliamentary private secretary to Lord Macdonald of Tradeston ,

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2604-489: The authorities after a certain period of time. EU/EEA states may deport nationals of other EU/EEA states and issue exclusion orders against them on grounds of public policy, public security, or public health. For example, those who commit serious crimes or come to rely on welfare may be deported. However, those subjected to such exclusion orders must be able to appeal them after a maximum period of three years, as per EU regulations. Under no circumstances can an EU/EEA state exclude

2666-540: The course of the 2010 general election . As a result, his victory of 103 votes at the election was declared void, he lost his seat in the House of Commons and he was barred from standing again at the subsequent by-election . He was also suspended from the Labour Party until January 2011, when his suspension was lifted. Woolas was born in Scunthorpe , Lincolnshire, on 11 December 1959. He went to Nelson Grammar School and, after O levels, Nelson and Colne College . He received

2728-456: The court ruled that Woolas breached section 106 of the Representation of the People Act 1983, and ordered a fresh election for the seat to be held. In a statement released through his lawyer, Woolas stated that "this election petition raised fundamental issues about the freedom to question and criticise politicians" and that it "will inevitably chill political speech". Woolas applied for

2790-594: The finding of the Election Court already disqualified him from holding elected office and they felt that this was sufficient punishment. The CPS also declined to prosecute Joseph Fitzpatrick, although as election agent he was responsible for the items deemed to have broken the law; he later stood unsuccessfully in Oldham as a council candidate for UKIP . Woolas is a director of two organisations – Boothwood Partners, an environmental consultancy, and Wellington Street Partners,

2852-448: The immigration brief on the shadow front bench team . The New Statesman said it was a "bizarre decision" as Woolas had "run one of the most disgraceful election campaigns in recent history". On 28 May 2010, Woolas's Liberal Democrat opponent, Elwyn Watkins , issued an election petition against the result under section 106 of the Representation of the People Act 1983 , which makes it illegal to make false statements of fact about

2914-400: The initial court result, Woolas received goodwill messages from former Labour Prime Minister Gordon Brown and from Cherie Blair , wife of former Labour Prime Minister Tony Blair . Labour MP Graham Stringer ( Blackley and Broughton ) was vocally supportive and criticised Harman and the party for suspending Woolas. A decision on this second request was published on 3 December 2010. Woolas

2976-516: The original judgment of the election court. Following the conclusion of this judicial review, the Labour Party will consider this issue in detail and whether further action is appropriate." Although the verdict of the election court indicated a prima facie breach of criminal law, in March 2011 the Crown Prosecution Service announced that it would not bring criminal charges against Woolas as

3038-436: The other two matters cannot be impugned". On leaving court, Woolas said, "It is the end of the road – I am out." He lost his seat in the House of Commons A by-election to elect a new MP for his former seat was held on 13 January 2011, in which the new Labour candidate, Debbie Abrahams , defeated Elwyn Watkins . After the review ruling, a Labour spokesman said, "The Labour Party administratively suspended Phil Woolas after

3100-480: The requirements seemed designed to frustrate: for example, one way to qualify automatically was by soldiering for at least 20 years, though most rank-and-file Gurkhas serve for only 15. Another was to prove that a long-term medical condition was caused or worsened by active service—a tall order for those whose injuries were sustained decades ago. The campaign was also supported by the Liberal Democrats . In 2008

3162-486: The right of abode after meeting a seven-year residency requirement and are given most rights usually associated with citizenship, including the right to vote in regional elections . However, they are not entitled to hold territorial passports unless they also naturalise as Chinese citizens . The Common Travel Area (CTA) consists of the United Kingdom , Republic of Ireland , and the UK's surrounding island territories. British and Irish citizens can move freely throughout

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3224-433: The right to move and reside freely . However, rights to live in another EU/EEA state are not absolute. To reside in another EU/EEA state, one must either be working, job-hunting, a student, or otherwise have sufficient financial resources and health insurance to ensure they do not become a burden on the social services of the host country. States may also require nationals of other EU/EEA states to register their presence with

3286-475: The right to vote in regional elections . However, they are not entitled to hold territorial passports or stand for office in some Legislative Council constituencies, unless they also naturalise as Chinese citizens . In Macau immigration law, the right of abode ( Chinese : 居留權 , ) entitles a person to live and work without any restrictions or conditions of stay. Individuals with this right are called permanent residents. Foreign nationals may acquire

3348-432: The rules. Woolas said the items were on a receipt he submitted under food claims, but were not claimed themselves, and threatened a newspaper with legal action. The Legge enquiry into MPs' expenses cleared Woolas. In November 2008, Woolas attacked lawyers and charities working on behalf of asylum seekers , accusing them of undermining the law and " playing the system " by taking legal action. In February 2010, following

3410-459: The same rights as a British citizen. The right-of-abode is conferred automatically on such persons and they are issued a certificate on their passport. Under exceptions in section 7 of the Immigration Act 1971, a long-term resident Irish or Commonwealth citizen in the UK is granted immunity from deportation, similar to British or other Commonwealth citizens who hold right-of-abode by virtue of

3472-452: The same settlement rights for all Gurkha soldiers. In 2008, the high court ruled that the policy had been illegal since the process used to determine pre-1997 applications was deemed arbitrary. The Government of Gordon Brown agreed to produce new rules. However, when these were unveiled on 24 April 2009, the Gurkhas were furious because there was no automatic right to settle in the UK for all veterans. Indeed, Gurkhas who wanted to settle in

3534-435: The studio, the pair held an impromptu press conference in which she pressured him into agreeing to further talks over the settlement rights of Gurkhas. On 21 May, Home Secretary Jacqui Smith announced that all Gurkha veterans who had served four years or more in the British Army before 1997 would be allowed to settle in Britain. Gurkhas serving after 1997 had been given UK settlement rights in 2004. Woolas stated that cost

3596-461: Was a composite image, consisting of a portrait of Watkins and a photograph of armed police patrolling London. The Metropolitan Police insignia was also airbrushed from a female officer's jacket. Woolas won the election and was returned to Parliament with a majority of 103 votes – down from 3,590. Following the election of Ed Miliband as the Labour Party Leader, Woolas was reappointed to

3658-595: Was a prime consideration: "Our estimate is £1.4 billion, and I remind the House that that would come from the defence budget." However, according to a Freedom of Information request , the only impact on the Defence budget has been £20,000 per year to set up and run the settlement office in Kathmandu. Woolas was re-elected in the 2010 general election, although the result would later be overturned by an election court . He gave his backing to close political ally David Miliband in

3720-492: Was accompanied to court by the Labour Shadow Health Secretary John Healey . The court granted Woolas permission to bring judicial review and that review overturned one of the three breaches of the section 106 of the Representation of the People Act 1983 found by the Election Court. The other two breaches stood: "this does not affect the certificate as the findings of an illegal practice in relation to

3782-572: Was to prove that a long-term medical condition was caused or worsened by active service; a tall order for those whose injuries were sustained decades ago. These proposals later were denounced in a vote at the House of Commons , with many Labour MPs voting across party lines. Woolas was later confronted at the BBC Westminster studios by the actress Joanna Lumley , the face of the Gurkha Justice Campaign . After Ms Lumley pursued him around

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3844-419: Was welcomed by Ann Cryer MP who cited incidences in her own constituency. This debate was still continuing in 2011. Following the cabinet re-shuffle of 3 October 2008, Woolas was made Minister of State for Borders and Immigration at both the Home Office and HM Treasury . In the United Kingdom parliamentary expenses scandal of 2009, Phil Woolas reportedly claimed expenses for items not allowed under

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