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British Passport for Baby

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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galatie
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British Passport for Baby

Post by galatie » Fri Oct 05, 2018 2:19 pm

Hi,

My husband is Belgian - came to the UK in Oct 2010, he achieved permanent residency in Oct 2015, after living and working in the UK for 5 years. He actually applied for his DCPR in 2016, and it was issued in Sept 2016.

Our son was born in Aug 2016. Since he was born in the UK, and his father had already achieved PR status when he was born, he should be entitled to automatically be a British citizen. Dad has since achieved naturalisation (he attended his sworn in ceremony and received his certificate last month).

I have since applied for a British passport for my son, and received a letter from the Passport Agency today, stating that we have to provide proof that my husband had PR at the time of my son's birth. What can we send in to verify this? They have asked for a copy of his residence card, but that card was dated after my son's birth, so don't think it will help much. Isn't the fact that his dad has just become a British citizen enough for him to get a British passport?

Thanks!

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alterhase58
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Re: British Passport for Baby

Post by alterhase58 » Fri Oct 05, 2018 2:49 pm

This link might be useful:
https://www.gov.uk/government/publicati ... plications
Dad becoming British citizen now doesn't help. Best would probably be if you can provide the documents to HMPO which proved that treaty rights were exercised, rather than just the card (the date on the card is issue date).
This is just my opinion as a member of this forum and does not constitute immigration advice.

vinny
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Re: British Passport for Baby

Post by vinny » Fri Oct 05, 2018 2:59 pm

Wasn't there a Home Office letter accompanying father's DCPR, stating the date they deemed when he acquired PR?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any 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.

secret.simon
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Re: British Passport for Baby

Post by secret.simon » Fri Oct 05, 2018 2:59 pm

galatie wrote:
Fri Oct 05, 2018 2:19 pm
Isn't the fact that his dad has just become a British citizen enough for him to get a British passport?
No. It is the status of the parents at the time of birth of the child that is relevant to the automatic acquisition of British citizenship at birth. Any subsequent changes only matter for the purpose of registration of the child as a British citizen, which is a separate process and not automatic.

As Alterhase58 has suggested, sending the proof that you submitted for your husband's DCPR (and make sure that the acquisition of PR according to the proof pre-dates the date of birth of the child) should suffice.

Along with your husband's DCPR, he should also have got a letter stating when he acquired his PR. It may be worth attaching a copy of the letter, if the date of his acquisition of PR according to that letter predates the date of birth of the child.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

galatie
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Re: British Passport for Baby

Post by galatie » Fri Oct 05, 2018 6:21 pm

Oh boy. We just moved house and I never thought we would never that mountain of paperwork again, so threw it out. :( :( :(

Would it be sufficient to get his P60s from 2010- present? A copy of his work contract? Letter from employer confirming employment dates? Bank statements from the last 5 years? Please help!

vinny
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Re: British Passport for Baby

Post by vinny » Fri Oct 05, 2018 9:30 pm

Yes. All those documents would help establish when the father automatically acquired PR.

Never throw away any correspondence from the Home Office or other Government Departments.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any 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.

galatie
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Re: British Passport for Baby

Post by galatie » Fri Oct 12, 2018 10:39 pm

Hi all,

I am actually embarrassed to admit this, but I think the Passport Agency might have asked for more information because I forgot to include my husband's passport in the application! :roll:

The below is a letter I received from them:

As xxzz was born in the United Kingdom after 31 December 1982, they may have a claim to
British citizenship if one of their parents were free from immigration control when they were born,
so we need evidence to confirm this.
WHAT YOU NEED TO DO
Please send us:
the passports on which xxxxxxx' mother or father used to enter the United Kingdom, or the
passports/Home Office letter/permanent residence card showing that a parent had indefinite leave
to enter or indefinite leave to remain in the United Kingdom at the time of xxxxxx birth.
If xxxxxx x born before 1 July 2006 and your/their father was settled in the United Kingdom at the
time of birth, we will also need to see their parents' marriage certificate. A parent will be settled in
the UK if they have permission to stay here permanently, such as indefinite leave to remain.


I have already withdrawn the application, because we are travelling at the end of the month, and I didn't think we would get his passport back in time. With the above in mind, if I made a priority appointment, and just submitted my son's father's passport, alongside the application, photos, birth certificate, son's passport, and dad's naturalisation certificate, would this be enough to receive a passport for my son? Or do I have to collect P60s, payslips, etc, for the last 5 years still?

Any help would be great! Thanks

vinny
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Re: British Passport for Baby

Post by vinny » Sun Oct 14, 2018 3:59 am

If your husband’s British passport was issued after child’s birth, then it doesn’t help in showing that he had acquired PR prior to child’s birth.

However, normally, if he was not the spouse nor the civil partner of a British citizen, then part of the Naturalisation requirements was that he should have held PR status for at least one year prior to the Naturalisation application. So, for example, if he was granted naturalisation in Sept 2018, then he must have acquired PR from at least Sept 2017. Probably sooner, due to the period to process his naturalisation application. Unfortunately, if child was born in 2016, then this doesn’t help.

He should show he had PR at the time of child’s birth.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any 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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