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Claim to british nationality - both parents are polish

Posted: Sun Sep 19, 2010 10:51 am
by boloney
Hi.I live in England for last 6 years, have got permanent residence(father, I`m married to mother).
I found that I can apply for British passport for my daughter(born this month), she was born after I got permanent residence permit. I did contact UK border agency, them answer was:
"If one or more parent hold's permanent residence or another form of settled Immigration status at the time of a minors birth within the UK, in normal circumstances the minor will have an automatic claim to British Otherwise than by Decent status.

For purposes such as British passport applications, production of the minors birth certificate and proof of parent(s) settled Immigration status at the time of birth would usually be sufficient evidence."

So, can someone help me write the letter which I will send to passport office along with application form and my permanent residence permit to my daughter passport.
I want state in the letter just basic information like why do I think she is got claim to British citizenship.
Thanks for any help

Posted: Sun Sep 19, 2010 5:18 pm
by John
It will do no harm pointing out the basis of your child's British Citizenship, and why you are enclosing your Permanent Residence Permit.

Based upon what you have posted, your child was British from the moment of birth.

Posted: Sun Sep 19, 2010 9:07 pm
by boloney
John wrote:It will do no harm pointing out the basis of your child's British Citizenship, and why you are enclosing your Permanent Residence Permit.

Based upon what you have posted, your child was British from the moment of birth.
if I send them a letter like this do you think that will do the job?

Dear Sir/Madam

Based on the British Nationality Act 1981 section 1(1)
[A person born in the United Kingdom after commencement
[or in a qualifying territory on or after the appointed day,]
shall be a British citizen if at the time of the birth his father or
mother is—
(a)
a British citizen; or
(b)
settled in the United Kingdom [or that territory].] Miss Olivia K.
should be British otherwise then by descent because her father Mr. Piotr K which is married to her mother Mrs. Paulina K. (date of
marriage .....) has been granted Permanent Residence Permit in the UK on
.....


Supporting documents:
1.Permanent Residence Card
2.Marriage certificate
3.Father passport
4.Mother passport
5.Birth certificate

Posted: Sun Sep 19, 2010 10:16 pm
by John
It will do no harm writing that but I don't think the marriage certificate is important, because it is unnecessary to prove that the child's parents are married.

Posted: Mon Sep 20, 2010 10:02 pm
by boloney
John wrote:It will do no harm writing that but I don't think the marriage certificate is important, because it is unnecessary to prove that the child's parents are married.

Than John for advices :)

Posted: Fri Oct 01, 2010 7:45 am
by boloney
John I have spoken witg IPS phone line, they told me that I need to send to them my payslips,p60,etc. along with my daughter application form and also they need to see if. I claim any benefits,so they want me to write to work and pensions department and ask for letter that I did`t claim benefits( I did`t but that's another few weeks delay) are they right asking me for this documents? Isn`t permanent residence card enough to proof that I was in the country for minimum 5 years(home office checked that when they issue PR).
Thanks

Posted: Sun Oct 03, 2010 8:09 am
by JAJ
Probably simpler to get the child a British nationality certificate, then apply for a passport. Use form NS.
http://www.ukba.homeoffice.gov.uk/briti ... tizenship/

Posted: Sun Oct 03, 2010 9:58 pm
by boloney
JAJ wrote:Probably simpler to get the child a British nationality certificate, then apply for a passport. Use form NS.
http://www.ukba.homeoffice.gov.uk/briti ... tizenship/
thats the simpler way but once again wasting my time and money (application cost 76 GBP).
Passport application is all ready in the post, since saturday, I will see what they say, if they refuse them I will apply for NS.
Anybody know if they refuse issue the passport will they still charge me 49 GBP for child one? if yes is there any way not to pay fee again?

Posted: Sun Oct 03, 2010 10:03 pm
by boloney
how long should I wait before calling them and asking whats going on, if they will issue passport or not?
I want passport for Christmas, so if there gonna be any problem getting British I will have to apply for Polish one, quicker I find whats going on better for me :)
thx

Posted: Thu Oct 07, 2010 9:53 pm
by boloney
Just looked on to my bank statement,payment has been deducted from my account,does that means application is successful?


boloney wrote:how long should I wait before calling them and asking whats going on, if they will issue passport or not?
I want passport for Christmas, so if there gonna be any problem getting British I will have to apply for Polish one, quicker I find whats going on better for me :)
thx

Posted: Fri Oct 08, 2010 7:02 am
by John
Absolutely not, it just means that they will look at the application. If the payment had failed then they would not have even looked at the application.

That is, the money is an application fee, not a success fee.

Posted: Sat Oct 09, 2010 10:20 am
by boloney
John wrote:Absolutely not, it just means that they will look at the application. If the payment had failed then they would not have even looked at the application.

That is, the money is an application fee, not a success fee.

I can confirm that Olivia's passport was passed for printing on 07/08/10 and delivery will be attempted within 4-5 working days.

Please note that all passports are delivered securely by DX Secure and you may be required to sign for receipt.

Thanks for advice, passport on it`s way :)

very quick service, I posted it on 02/10/10