Tool to backup, modify and clone ePassport released
Matthew Pemble
ukcrypto at chiark.greenend.org.uk
Sun, 05 Oct 2008 16:08:28 +0100
Roland Perry wrote:
> In article <10A0463C-5DD0-4A8E-852E-34B6BE861C07@batten.eu.org>, Ian
> Batten <igb@batten.eu.org> writes
>> And are there any classes of people who will be entitled to a UK ID
>> card but are _not_ entitled to NHS treatment?
>
> Depends if people with UK Passports and no right of abode are allowed
> an ID card [1]. And ex-pats aren't entitled to any more NHS treatment
> than a foreign tourist would be, I think - although all of the above
> might have an EHIC (nee e111) card that gives some limited treatment.
>
> [1] Later. The Border Agency has the following things as proof of
> right of abode:
>
> # a UK passport or an ID Card issued under the Identity Cards Act 2006
> describing them as a British citizen; or
> # a UK passport or an ID Card issued under the Identity Cards Act 2006
> describing them as a British subject with the right of abode in the UK
>
> So it seems likely there *is* a class of people *with* and ID card,
> but no right of abode ie:
>
> * .... an ID Card issued under the Identity Cards Act 2006 describing
> them as a British subject AND NOT with the right of abode in the UK
It doesn't quite follow - there are (were?) definitely classes of people
with a UK passport describing them as a British subject AND NOT with the
right of abode - Hong Kong Chinese prior to the handover, for example. I
am not sure that this class of people will be automatically entitled (or
required) to have an ID card. You get an ID card if you are on the
(evil, hiss, boo) Register:
s2(2) The individuals entitled to be entered in the Register are—
(a) every individual who has attained the age of 16 and, without
being excluded under subsection (3) from an entitlement to be
registered, is residing at a place in the United Kingdom; and
(b) every individual of a prescribed description who has resided in
the United Kingdom or who is proposing to enter the United Kingdom.
Now s2(3) has:
Regulations made by the Secretary of State may provide that an
individual residing in the United Kingdom is excluded from an
entitlement to be registered if—
(a) he is residing in the United Kingdom in exercise of an
entitlement to remain there that will end less than the prescribed
period after it was acquired;
(b) he is an individual of a prescribed description who has not yet
been resident in the United Kingdom for the prescribed period; or
(c) he is residing in the United Kingdom despite having no
entitlement to remain there.
So, if you are not in the UK (because, quite plausibly, you have no
right of abode) - no Register entry (dance around table) & no ID card.
Or, even if you are in the UK you might fall under (c), as a vistor,
health tourist, etc.
But this all depends on the righteousness of Her Majesty's Secretary of
State, so, frankly, we're all dooooomed.
Matthew