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Hi all,
My baby was born in the UK when my husband and I were on ILR. Our naturalisation application was being processed then. Our application was later approved and we both are now British. We applied for the baby's passport - we sent my ILR BRP to prove my status when he was born. I need to return the BRP once the passport office returns it.
I am concerned I will have absolutely no evidence of his claim to British Nationality other than a photocopy of my ILR BRP. Is this ok? Just to be on the safe side, shall I apply for "confirmation of nationality" for the baby?
After the baby gets the passport, will there ever be a situation (in future) where the claim to passport gets questioned? #

Please advice

You submitted their birth certificate didn't you?

Yes, I submitted the birth certificate.

But the birth certificate itself doesn't prove nationality - does it?
Its the birth certificate + parents status at the time of birth.

No problems for the passport now. My question is for future. Say 20 yrs down the line, will my child ever be asked to prove his claim to nationality? He will have no evidence since I have to return my BRP after it comes back from the passport office.

You'd hope that they'd keep these details and copies of your BRP on file. Probably best to make a copy of the BRP before you send it back and keep it with your documents should any issues arise later.

All records are held on the system. The passport is proof of BC as all the relevant checks will have been made before this is issued. You're worrying unnecessarily.

Who knows how long records are kept?

Ask your MP to raise your concerns.

vinny wrote:Who knows how long records are kept?

Ask your MP to raise your concerns.

+1 Thanks for clarifying, Vinny.

tulipz wrote:After the baby gets the passport, will there ever be a situation (in future) where the claim to passport gets questioned?

It's not without precedent. It seems that it wasn't until 2005 that passport applications for those born in the UK from 1983 onwards were checked properly for evidence of British citizenship. Consequently, there have been cases where the passports issued are not being accepted by the Passport Office as evidence of the holder's British citizenship, and the original documents are having to be produced.

It is not certain under which regulation the demand for return is being made. My belief is that it is the Immigration (Biometric Registration) Regulations 2008 Regulations 13(3) and (4)(a) and 16.

I speculate that the definition of when a BRP ceases to have effect is legally invalid as well as factually incorrect; I would contend that it continues to have effect while there are people with a claim to British citizenship evidenced by it. I would be tempted to write further to the Home Office that as a British passport does not prove British citizenship, you and your heirs need to retain the BRP while your baby and its descendants have a potential claim to British citizenship.

I agree with Vinny's suggestions and concerns. I have seen a report that case records are only held for 15 years after the last activity, which is far too short a period.

Casa wrote:All records are held on the system. The passport is proof of BC as all the relevant checks will have been made before this is issued. You're worrying unnecessarily.

A British passport is not proof of British citizenship - there's case law to that effect. Passports do get revoked because the Passport Office believes that either the checks were not done properly or were based on fraudulent documents. The Passport Office is also known to reject British Passports as evidence of British citizenship.

However, some records are held for a long time. A passport application may be interpreted as an unresolved application for registration or naturalisation, so if Tulipz' baby's Britishness is disputed in 30 years time, registration as British will still be possible. This may affect a cost-based decision on how to proceed.