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WRS and PR

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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grace182
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Posts: 1
Joined: Tue Jul 28, 2015 9:31 pm

WRS and PR

Post by grace182 » Tue Jul 28, 2015 10:33 pm

Hi,
I am not sure if that's the right place to ask but I will try. I have a problem as my baby born in the UK in April this year and has been refused the British passport but as I have read previous replies it seems that after being in the UK for 5 years we ( me and my partner)should automatically get PR, we are in the UK since 2005 and my partner 2006 we are both from EU. We have supplied the passport office with my partner's last 5 years p60 and his home office and our passports everything what I was told is needed but it was refused. The problem is that my partner had his first WRS in his first job for few months but then had changed to another without telling the Home Office of this change as he was unaware of it. Is there anyway of getting my baby a British PASSPORT?
I will appreciate any help and advise
thanks
Grace

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: WRS and PR

Post by vinny » Wed Jul 29, 2015 7:37 am

Your qualifying 5-year period for PR probably started from when the WRS was unlawful.

UK-born child will be entitled to register after you have attained PR (If born before a parent attained PR).
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: WRS and PR

Post by Obie » Wed Jul 29, 2015 9:29 am

vinny wrote:Your qualifying 5-year period for PR probably started from when the WRS was unlawful.

UK-born child will be entitled to register after you have attained PR.
It appears that the matter is still before the courts.

Until appeal rights are exhausted, one cannot say it is unlawful as that judgement may well be set aside.
Smooth seas do not make skilful sailors

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: WRS and PR

Post by vinny » Wed Jul 29, 2015 9:45 am

Then it may be safest to consider that the 5-year qualifying period started from 1st May 2011.

If the judgment is upheld and a parent attained PR prior to baby's birth, then baby is automatically British. Else, baby is entitled to register after a parent attains PR.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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