Treaty rights and Settled status...

Good morning,

I have already applied for my daughter's British citizenship (Online MN1 form, she was born in UK 2016, I came to UK 2010 and being self employed since then, got ILR - settled status in 2018, her dad and I (mum) are both European nationals) , however,I just read than I could just applied for her passport straightway based on myself exercising Treaty rights.

This is taken form the form on HO website - 11.2014 - Treaty Rights Passport Applications Supporting Documents- Born in the UK on or after 30 April 2006 - Evidence of parents’ nationality and evidence that a parent has been resident in the UK exercising Treaty Rights for a minimum continuous period of 5 years prior to the birth of the applicant (see table B).

Table b:
• A passport / document showing a UK Residence Card or Registration Certificate issued five years before the child’s birth and a letter confirming that the parent(s) were not receiving benefits during that period;
• A statement from HM Revenues & Customs showing yearly totals of credited National Insurance between the relevant dates;
• A statement from HM Revenues & Customs confirming tax returns between the relevant dates;
• A letter from an employer and documents showing evidence of employment between the relevant dates e.g. P60's / payslips

Is this still correct? If so, can I ask HO for a refund of £1000+ and apply straightway for her passport?

Thank you for your help
Regards

rayna90 wrote: ↑

Fri Feb 14, 2020 8:51 am

I came to UK 2010 and being self employed since then

Provided that you had completed five years of exercising treaty rights before the birth of your child, and as your child was born in the UK, s/he is likely already a British citizen and does not need to be registered.

The proof that you need to provide is different from the one that you have listed as you were self-employed.

• Registration of the business
• Evidence of a lease on a business premises
• Invoices
• Evidence of payment of national insurance contributions
• Self Assessment tax forms or any other evidence of self-employment activities during the relevant period

Treaty Rights Passport Applications Supporting Documents

rayna90 wrote: ↑

Fri Feb 14, 2020 8:51 am

I have already applied for my daughter's British citizenship (Online MN1 form, she was born in UK 2016, I came to UK 2010 and being self employed since then, got ILR - settled status in 2018, her dad and I (mum) are both European nationals) , however,I just read than I could just applied for her passport straightway based on myself exercising Treaty rights.
...
Is this still correct? If so, can I ask HO for a refund of £1000+ and apply straightway for her passport?

If the application is already decided, you will not get a refund. However, if you withdraw the application before it is decided, then I believe that you can get a refund, less administrative charges (but I'm not certain).

Thank you for your response.
I am trying to find out how to get a refund from HO if this is possible at all...
I will update once i have something.

This link might help: https://www.gov.uk/cancel-visa
Though the comment on fee refund is concerning.

Just an update:I was told by the HO to leave the application and not to attend/book the bio metric appointment for my child . The person on the phone said that in this way the application will not be valid and the fee will be refunded(within 6 months) minus £25.00 administration fee.


Also, in regards to proving treaty rights for a self employed person the HO form says the following:

Business person or Self-employed
• Registration of the business
• Evidence of a lease on a business premises
• Invoices
• Evidence of payment of national insurance contributions
• Self Assessment tax forms or any other evidence of self-employment activities during the relevant period

So, are SA302 forms enough and how do I get proof of payment of nation insurance contributions?

Thank you!