Requesting evidence of someone’s nationality or immigration status

Requesting evidence of someone’s nationality or immigration status

Evidence of nationality

If you are not satisfied as to any applicant or elector’s nationality, you have the power to require the applicant or elector to provide documentary evidence confirming their nationality. You can ask for the following evidence:1

  • a birth certificate
  • a certificate of naturalisation
  • where a person has made an application to register as an overseas elector, further evidence as to their status as a British citizen
  • a document showing that someone has become a Commonwealth citizen
Evidence of immigration status for EU citizens with retained rights

If you are not satisfied as to any applicant or elector’s immigration status, you have the power to consider local data or ask the applicant or elector to provide documentary evidence to prove their immigration status.

EROs may hold or have access to a range of data for the purpose of their registration duties and the legislation is not prescriptive about what data can be used to help establish if an elector is an EU citizen with retained rights.

If your EMS holds sufficient registration history to identify if an EU19 citizen was registered prior to the implementation period commencement date (IPCD), you can use this information to determine them as eligible to registered as an EU citizen with retained rights.

If you do not have access to registration history and still require further information in order to determine whether the elector is an EU citizen with retained rights, you may require the elector, if they have not already done so, to declare they have been in the UK since before IPCD and provide a share code that will allow you to view the elector’s immigration status using the view and prove service (Opens in new window) .

The confirmation of the date an elector arrived in the UK is important because the view and prove service will only provide assurance of a current immigration status which can also be applied to individuals here on the family scheme who may have arrived post-IPCD. 

Some applicants will not be able to provide a code and, in these circumstances, you should request any letters or documents issued by the Home Office which confirm the current or historical immigration status of the elector.

If documentary evidence is provided by an applicant and the name on any document differs from the name under which an applicant is applying to be registered the applicant should also provide evidence which should show a clear link between the evidence and the name in which they are applying to register. Acceptable documents to prove this link may include:

  • marriage or civil partnership certificate
  • overseas marriage or civil partnership certificate
  • enrolled deed poll
  • unenrolled deed poll or change of name deed
  • statutory declaration or affidavit
  • baptismal or confirmation certificate (for first names only)birth certificate
  • certificate of naturalisation or registration
  • adoption order/certificate

This list is not exhaustive and it is for you to decide whether a document constitutes satisfactory proof of a link between the name of the elector and any other documentary evidence.

You should request copies of the evidence either by post or by electronic means. The applicant may attend your offices in person with either copies or original documents if they do not wish to send copies. Copies of documents provided by applicants, or taken by you of the original documents, must be stored securely in the same way as application forms.

You must be satisfied that the documents or copies provided appear to be genuine. If you have any doubts, or if the copy is of such poor quality that you cannot make an assessment, you may ask the applicant to present the original document(s) to you in person or to send original documents to be copied and returned. However, you should be aware that you would become responsible for the secure transit of the document.

Where there has been more than one change of name, the applicant should provide sufficient documentary evidence to show a clear link between their name on the documentary evidence and the name in which they wish to register.

Evidence of immigration status for any eligible nationality

In order to be entitled to register to vote a person must be legally resident in the UK. If you are in any doubt as to whether an applicant or elector is legally resident, you can request the applicant provides a statutory declaration that they are a qualifying Commonwealth citizen, or a citizen of the Republic of Ireland, or qualifying EU citizen or citizen of the EU with retained rights. You may also request a check of a person’s immigration status against Home Office records.

You may also request a check of a person’s immigration status against Home Office records.

Further guidance on this process and contact details are available by contacting the Home Office: [email protected] (Opens in new window). You will be asked to complete a template which will be provided – please complete and return the section below the heading ‘Subject 1’ to the same email address. The Home Office have requested one template per subject per email, and that ‘ER’ be added to the subject header for each email to ensure that it goes into the correct folder for a response. The Home Office will respond within five working days unless a file is required, in which case it will respond within ten working days. The fact that you may require additional evidence of an applicant’s nationality, and may request checks of a person’s immigration status against Government records is included on the registration application form approved by the Minister and made available to you by the Commission.
 

 


 

Diweddarwyd ddiwethaf: 3 Mai 2024