Make Votes Count for HIV

posted: 07/04/2010

Your local parliamentary candidates want your vote on 6 May. Whoever you vote for, now is the time to make sure all the local candidates know you care about HIV and sexual health, and you want them to make it a priority if they get elected as your MP. 

Two minutes is all it takes to ask your candidates to stand up for HIV. THT has written a pledge for candidates to support before the election:

"I pledge to support better public health in the UK through earlier diagnosis of HIV and sexual ill health and by improving public understanding of the issues."

Please take two minutes to ask your candidates to sign up to this general election pledge here
Thanks you for your support.
 

More general election HIV campaigning action ideas
 

Register to Vote before 20 April
 

Register to vote by Tuesday 20 April – you must do this on paper, and by post, and allow enough time for them to add you to the register. Download the registration form and find out where to send it

Who can vote and how do I register?

You can register to vote, if you are:
• 16 years old or over (but you won't be able to vote until your 18th birthday), AND
• a British citizen, OR
• an Irish, EU, or qualifying Commonwealth citizens.
“Qualifying Commonwealth citizens are those who have leave to enter or remain in the UK, or do not require such leave.”

Note although any EU citizen here can register to vote, people from the EU have to be a UK or Irish citizen to vote at this UK general election – so you can’t vote at this election if you are Spanish, for example. (EU citizens can only vote at local government and EU elections).

Registering to Vote
You can't register to vote online – but you can print out, sign and post the application form to your local council's Electoral Registration Office.

Nationality Question
One question you must answer on the form is about your nationality – simply write in Zimbabwean, or whatever your nationality is – this must be UK, Irish, a Commonwealth country, for you to vote on May 6th.

The electoral registration form has a simple declaration you must sign which says
“As far as I know, the details on this form are true and accurate. I understand that to provide false information on this form is an offence, punishable on conviction of up to 6 months and/or a fine.
I confirm that I am a British, Irish, European Union or qualifying Commonwealth citizen.
Qualifying Commonwealth citizens have leave to enter or remain in the UK, or do not require such leave.”
Normally if you sign this, it is simply accepted. You are not normally asked to show any documents to prove your nationality and leave status.
 

Am I a 'qualifying Commonwealth Citizen'?
Section B 6 in the Guidance for Electoral Registration Officers explains who can register.
Unfortunately it doesn't tell us this in plain English.

The George House Trust guide to who can register to vote
This is our understanding of the rules:
 

If you are a citizen of one of the Commonwealth countries listed below, what matters is
do you

• require leave to enter, or
• have you been granted leave to remain, or
• are you treated as having leave to enter, or
• are you treated as having leave to remain.

If your honest belief, after checking the information below, is that you can truthfully sign the application to register for a vote - As far as I know, the details on this form are true and accurate - you can apply for a vote.

Commonwealth countries
Antigua and Barbuda, Australia, The Bahamas, Bangladesh, Barbados, Belize, Botswana, Brunei Darussalam, Cameroon, Canada, Cyprus, Dominica, Fiji Islands, The Gambia, Ghana, Grenada, Guyana, India, Jamaica, Kenya, Kiribati, Lesotho, Malawi, Malaysia, Maldives, Malta, Mauritius, Mozambique, Namibia, Nauru, Nigeria, New Zealand, Pakistan, Papua New Guinea, St Kitts and Nevis, St Lucia, St Vincent and the Grenadines, Samoa, Seychelles, Sierra Leone, Singapore, Solomon Islands, South Africa, Sri Lanka, Swaziland, Tonga, Trinidad and Tobago, Tuvalu, Uganda, United Kingdom, United Republic of Tanzania, Vanuatu, Zambia, Zimbabwe.

Leave to enter
Commonwealth citizens always require leave to enter, unless they have the right of abode.

Most Commonwealth citizens with right of abode in the United Kingdom can simply check their passport – a UK stamp in the passport will state if you have the right of abode in the United Kingdom; or you will have a UK certificate of entitlement certifying the right of abode.

Some other Commonwealth citizens will have the right of abode, even if they don't have this stamp in their passport, or a certificate of entitlement. It is unlikely recent migrants from the Commonwealth will have this because this right of abode depends on your birth, or marriage. South Africans and Pakistani citizens don’t have this type of right of abode.
 

Leave to remain
Who has leave to remain is complicated, but people with leave to remain will either have a current, valid stamp in their passport saying you have leave to remain, or will have some other Home Office / Borders and Immigration Agency official document or letter saying this.
The rules about leave to remain are here, and depend on your reason for being here.

Treated as having leave to enter
Commonwealth citizens who have made a valid claim for asylum, or for humanitarian protection, who have not had a final refusal, are treated as having leave to enter.

Treated as having leave to remain
Commonwealth citizens whose claim for asylum or humanitarian protection has been approved, are treated as having leave to remain. Others are also be treated as having leave to remain, for example refused asylum seekers who are receiving ‘section 4 support’.
 

If you think you should be treated as having leave to remain, you could check with a Citizens Advice Bureau, or your immigration adviser. We suggest you print this information and take it to them, with your passport, and any official letters, or papers about your immigration / asylum situation.

No right to vote
Other Commonwealth citizens, including people whose

• claims for asylum or humanitarian protection have had a final refusal, or
• who have overstayed their visa, or 
• who entered the UK irregularly,

have no right to vote.

You cannot have the right to vote in the UK if you are not a citizen of a Commonwealth country, or if you are not a citizen of an EU country. This means, for example, citizens of the Democratic Republic of the Congo, USA, Brazil, etc. can't ever vote in UK elections (unless they become British).

George House Trust offers this information in good faith. If you are in doubt about your right to register for a vote, you can ask your local Citizen's Advice Bureau, or your immigration / asylum adviser. We suggest you print this information and take it to them, with your passport and any official letters or papers about your immigration or asylum situation.

Official Guidance
The Guidance for Electoral Registration Officers says
Commonwealth citizens - Entitlement to vote
6.14 Qualifying Commonwealth citizens are entitled to register as Parliamentary and as local government electors provided that they also fulfil the age and residence requirements for such registration and are not subject to any other legal incapacity.
Meaning of ‘qualifying Commonwealth citizen’
6.15 A person who is a Commonwealth citizen is a qualifying Commonwealth citizen for registration purposes if they do not require leave to remain in the UK or they do require leave to remain in the UK but have been granted such leave or are treated as having been granted such leave.
6.16 Any type of leave to remain is acceptable, whether indefinite, time limited or conditional.
6.17 Qualifying citizens of the following countries meet the nationality criteria to register in respect of all elections.
Commonwealth countries
Antigua and Barbuda, Australia, The Bahamas, Bangladesh, Barbados, Belize, Botswana, Brunei Darussalam, Cameroon, Canada, Cyprus, Dominica, Fiji Islands, The Gambia, Ghana, Grenada, Guyana, India, Jamaica, Kenya, Kiribati, Lesotho, Malawi, Malaysia, Maldives, Malta, Mauritius, Mozambique, Namibia, Nauru, Nigeria, New Zealand, Pakistan, Papua New Guinea, St Kitts and Nevis, St Lucia, St Vincent and the Grenadines, Samoa, Seychelles, Sierra Leone, Singapore, Solomon Islands, South Africa, Sri Lanka, Swaziland, Tonga, Trinidad and Tobago, Tuvalu, Uganda, United Kingdom, United Republic of Tanzania, Vanuatu, Zambia, Zimbabwe.
Asylum
6.18 The fact that an applicant or elector has claimed asylum has no connection to their right to be registered as an elector ….. The Electoral Registration Officer can only make enquiries as to nationality and whether a person has any type of leave to remain in the UK.
 

Vote for HIV at Elections

posted: 01/06/2009

The election matters because the tide of public anger with politicians is high, and most people don't normally vote in either county council or European elections. This time abstentions and protest votes for smaller parties like UKIP and BNP, are likely to be far higher than last time.

The risk is serious that parties and candidates will be elected who are hostile to people living with HIV, especially people who are migrants. George House Trust urges everyone to use their vote.

Some migrants with HIV have no right to vote and many others have not registered. This makes it more important that the rest of us do vote, and vote thoughtfully.
 

Who can vote?
It is too late now to register for this election because you have to register at least 11 working days before an election. Find out here who can register to vote and how to do this in time for the general election which is due before early June 2010 - simply click here or scroll down this page to the line across the page, for the full details and the weblinks.

One or Two Elections?

There are two elections, but most people in the region will only be able to vote in the European one. The council elections are only for County Councils - in the Northwest that means people living in the Lancashire County Council and Cumbria County Council areas. There are no elections this year for unitary councils, like those in Greater Manchester, Merseyside, Blackburn with Darwen, and the two new unitary councils in Cheshire.
 

European Election Candidates and Parties in Northwest England
The EU Parliament and Commission has some useful powers affecting people living with HIV and it has some influence over migration. That is why voting in the European election is important.
We are a charity and, by law, cannot be party political – we can't tell you who to vote for, or campaign for a party. But we can provide information to help you decide how to use your vote.

In the European elections all of Northwest England is one constituency. Proportional Representation decides which candidates get elected to the 8 seats in the EU Parliament for the NW region.

The UK voting system for the European elections is proportional representation - a regional closed list. This means that political parties put forward names of candidates for each region, in the order they want them elected. You have one vote and put a cross in the box next to the party you want. You can't vote for any individual candidates, except for an independent candidate who is not in a party. (There is one independent standing in the Northwest.)
 

Who's Standing?

You can check here the full lists of candidates for each party (and the 2004 election results) here
 

In 2004, 

• Conservatives won 4 seats,
• Labour won 3 seats,
• Liberal Democrats won 1 seat,
• UKIP (United Kingdom Independence Party) won 1 seat.

This year the number of seats has been cut across Europe, so the Northwest will have 8 MEPs, not 9 as now.
 

Please do use your vote
George House Trust asks you to vote in the election on Thursday 4 June, taking into account the impact the party you choose to put a cross next to may have on everyone living with HIV, not just in the UK, but the rest of Europe too, and for the influence the EU can exert in the rest of the world on HIV.

County Council elections in Lancashire and Cumbria
If you have a vote in these elections we urge you to use it - the BNP won seats on Burnley Council at the last election and now hope to win seats on Lancashire County Council.

Who can vote and how do I register?
 

You can register now to vote for the coming general election, which has to take place by early June 2010, if you are:
• 16 years old or over (but you won't be able to vote until your 18th birthday), AND
• a British citizen, OR
• an Irish, EU, or qualifying Commonwealth citizens.
“Qualifying Commonwealth citizens are those who have leave to enter or remain in the UK, or do not require such leave.”
 

At the European elections, but not at Council or Parliamentary elections, EU citizens can also vote.
 

Registering to Vote
You can register to vote online – but you have to print, sign and post the application form to your local council's Electoral Registration Office.

The application form is here. If you enter your postcode in the box (top right) it will tell you the address of your local Electoral Registration Office.

Nationality Question

One question you must answer on the form is about your nationality – simply write in Zimbabwean, or whatever your nationality is – this must be UK, Irish, a Commonwealth country, or another EU country, for you to vote.
 

The electoral registration form has a simple declaration you must sign which says
“As far as I know, the details on this form are true and accurate. I understand that to provide false information on this form is an offence, punishable on conviction of up to 6 months and/or a fine.
I confirm that I am a British, Irish, European Union or qualifying Commonweath citizen.
Qualifying Commonwealth citizens have leave to enter or remain in the UK, or do not require such leave.”
Normally if you sign this, it is simply accepted. You are not normally asked to show any documents to prove your nationality and leave status.

Am I a 'qualifying Commonwealth Citizen'?
Section B 6 in the Guidance for Electoral Registration Officers explains who can register.
Unfortunately it doesn't explain this in plain English – it refers to the law which is section 4(6) of the Representation of the People Act 1983 and suggests you could check with the Home Office.
 

The Guidance for Electoral Registration Officers says
Commonwealth citizens - Entitlement to vote
6.14 Qualifying Commonwealth citizens are entitled to register as Parliamentary and as local government electors provided that they also fulfil the age and residence requirements for such registration and are not subject to any other legal incapacity.
Meaning of ‘qualifying Commonwealth citizen’
6.15 A person who is a Commonwealth citizen is a qualifying Commonwealth citizen for registration purposes if they do not require leave to remain in the UK or they do require leave to remain in the UK but have been granted such leave or are treated as having been granted such leave.
6.16 Any type of leave to remain is acceptable, whether indefinite, time limited or conditional.
6.17 Qualifying citizens of the following countries meet the nationality criteria to register in respect of all elections.

Commonwealth countries
Antigua and Barbuda, Australia, The Bahamas, Bangladesh, Barbados, Belize, Botswana, Brunei Darussalam, Cameroon, Canada, Cyprus, Dominica, Fiji Islands, The Gambia, Ghana, Grenada, Guyana, India, Jamaica, Kenya, Kiribati, Lesotho, Malawi, Malaysia, Maldives, Malta, Mauritius, Mozambique, Namibia, Nauru, Nigeria, New Zealand, Pakistan, Papua New Guinea, St Kitts and Nevis, St Lucia, St Vincent and the Grenadines, Samoa, Seychelles, Sierra Leone, Singapore, Solomon Islands, South Africa, Sri Lanka, Swaziland, Tonga, Trinidad and Tobago, Tuvalu, Uganda, United Kingdom, United Republic of Tanzania, Vanuatu, Zambia, Zimbabwe.
 

Asylum

The Guidance says this about asylum:
6.18 The fact that an applicant or elector has claimed asylum has no connection to their right to be registered as an elector ….. The Electoral Registration Officer can only make enquiries as to nationality and whether a person has any type of leave to remain in the UK.

The Representation of the People Act 1983, Section 4(6) is no real help in deciding who is a qualifying commonwealth citizen.
 

The George House Trust guide on who can register to vote

This is our understanding of the rules:
If you are a citizen of one of the Commonwealth countries listed above, what matters is
do you

• require leave to enter, or
• have you been granted leave to remain, or
• are you treated as having leave to enter, or
• are you treated as having leave to remain.

If your honest belief, after checking the information below, is that you can truthfully sign the application to register for a vote which states As far as I know, the details on this form are true and accurate, you can apply for a vote.
 

Leave to enter
Commonwealth citizens always require leave to enter, unless they have the right of abode.
- see Immigration rule 7:
Most Commonwealth citizens with right of abode in the United Kingdom can simply check their passport – a UK stamp in the passport will state if you have the right of abode in the United Kingdom; or you will have a UK certificate of entitlement certifying the right of abode. Official Guidance on Right of Abode
Some other Commonwealth citizens will have the right of abode, even if they don't have this stamp in their passport, or a certificate of entitlement. It is unlikely recent migrants from the Commonwealth will have this. This right of abode depends on your birth, or marriage. South Africans and Pakistani citizens won't be able to claim this. Check the link above for the birth and marriage requirements for this.
 

Leave to remain
Who has leave to remain is complicated, but people with leave to remain will either have a current, valid stamp in their passport saying you have leave to remain, or will have some other Home Office / Borders and Immigration Agency official document or letter saying this.
The rules about leave to remain are here, and depend on your reason for being here.
 

Treated as having leave to enter
Commonwealth citizens who have made a valid claim for asylum, or for humanitarian protection, who have not had a final refusal, are treated as having leave to enter.
 

Treated as having leave to remain
Commonwealth citizens whose claim for asylum or humanitarian protection has been approved, are treated as having leave to remain. Others are also be treated as having leave to remain, for example refused asylum seekers who are receiving ‘section 4 support’. 

If you think you should also be treated as having leave to remain, you could check with a Citizens Advice Bureau, or your immigration adviser. We suggest you print this information and take it to them, with your passport, and any official letters, or papers about your immigration / asylum situation.

No right to vote
Other Commonwealth citizens, including people whose

• claims for asylum or humanitarian protection have had a final refusal, or
• who have overstayed their visa, or
• who entered the UK irregularly,

have no right to vote.

You cannot have the right to vote if you are not a citizen of a Commonwealth country, or of an EU country. This means, for example, citizens of the Democratic Republic of the Congo, USA, Brazil, etc. can't ever vote in UK elections, unless they become British, or become a citizen of another EU country.

Register to vote
You can register to vote online – but you have to print, sign and post the application form to the local council's Electoral Registration Office.

The application form is here. If you enter your postcode in the box (top right) it will tell you the address of your local Electoral Registration Office.
 

George House Trust provides this information in good faith but the responsibility is yours to check you have a right to register. If you are in doubt you could ask your local Citizen's Advice Bureau  , or your immigration / asylum adviser.
 

We suggest you print this information and take it to them, with your passport and any official letters or papers about your immigration or asylum situation.