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UK Born Child After Mother on ILR

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

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irana2015
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Re: UK Born Child After Mother on ILR

Post by irana2015 » Mon Nov 25, 2019 1:45 pm

Hi,

Sorry to ask question in someone else topic. Do we need to keep BRP ILR when my kinds born i was on tier 1 and they have received British passport after my ILR ( both parents got ILR at the same time and we applied for kids passport after). So in this case do we need to keep ILR BRP and request home office to keep this or there is no need of this ?

Many thanks IR

vinny
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Re: UK Born Child After Mother on ILR

Post by vinny » Tue Nov 26, 2019 1:05 am

Learning from the lessons of Windrush and the hostile environment, etc., I think it would be prudent to keep it.
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irana2015
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Re: UK Born Child After Mother on ILR

Post by irana2015 » Tue Nov 26, 2019 3:40 pm

Many thanks Vinny.

This means it does not matter if parent were on a visa or ILR at the time of kids birth as in both case we need to keep ILR BRP to avoid any issues for kids passports in the future.

@CULLINAN - Have you received any update Re: your letter sent to citizenship office etc.?

Kind regards
- IR

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CULLINAN
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Re: UK Born Child After Mother on ILR

Post by CULLINAN » Tue Nov 26, 2019 10:18 pm

irana2015 wrote:
Tue Nov 26, 2019 3:40 pm
Many thanks Vinny.

This means it does not matter if parent were on a visa or ILR at the time of kids birth as in both case we need to keep ILR BRP to avoid any issues for kids passports in the future.

@CULLINAN - Have you received any update Re: your letter sent to citizenship office etc.?

Kind regards
- IR
If your baby was born BEFORE you were settled i.e. before you had your ILR, then you must have registered the child as a British Citizen before you applied for British Passport?
In that case the proof of baby’s BC is the Certificate of Registration. You do not need to keep your ILR in that case.

2) Not yet
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irana2015
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Re: UK Born Child After Mother on ILR

Post by irana2015 » Wed Nov 27, 2019 5:49 pm

Many thanks CULLINAN - That makes perfect sense

Kind regards - IR

Mak9878
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Re: UK Born Child After Mother on ILR

Post by Mak9878 » Mon Dec 30, 2019 4:15 pm

Hi Cullinan,

Hope you are at best of your health.

Have you got any reply regarding keeping ILR Brp?

Thnaks

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Re: UK Born Child After Mother on ILR

Post by CULLINAN » Mon Dec 30, 2019 11:46 pm

Mak9878 wrote:
Mon Dec 30, 2019 4:15 pm
Hi Cullinan,

Hope you are at best of your health.

Have you got any reply regarding keeping ILR Brp?

Thnaks
No reply as yet. But I retained my wife’s ILR-BRP since Oct 2019. No communication from any department.
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VWS
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Re: UK Born Child After Mother on ILR

Post by VWS » Tue Dec 31, 2019 3:50 pm

Can you please share the template of the letter you sent for the above matter please.

Thanks

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Re: UK Born Child After Mother on ILR

Post by CULLINAN » Tue Dec 31, 2019 4:12 pm

VWS wrote:
Tue Dec 31, 2019 3:50 pm
Can you please share the template of the letter you sent for the above matter please.

Thanks

There is no template. I just drafted a letter as per the provisions quoted by Vinny in the thread above. I am still awaiting a response so I will share once I am successful.
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Re: UK Born Child After Mother on ILR

Post by CULLINAN » Thu Jul 02, 2020 9:02 pm

Update Note: I have not received any reply to the letter I posted to retain my wife’s ILR BRP till date. However I can confirm I have retained the ILR BRP but no communication/fine etc is received so far.

I would like to share the draft as some have requested previously. Also, it might help other members in the same boat.

I have no legal experience so please do not take this draft as a legal document.

Thanks to Vinny

👇👇
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CULLINAN
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Re: UK Born Child After Mother on ILR

Post by CULLINAN » Thu Jul 02, 2020 9:04 pm

Date: XX

POL Returns
P.O.Box 195
Bristol
BS20 1BT

*Please forward this letter To Whom it May Concern*

Subject: Seek permission to retain my Indefinite Leave to Remain Biometric Resident Permit (ILR-BRP); for the sake of my UK born Child named ‘XX’ DOB: XX

Dear Sir/Madam,
I, XX (D.O.B XX) am writing you in regards to the above subject. I am the mother of the above named child. My child was born on XX in (city XX) UK, while I had settled status in the United Kingdom. (ILR No. XX)
I acquired British Citizenship on XX - British Citizenship Number: XX. As per law, I am aware that I have to return my ILR-BRP to Home Office within 5 days of acquiring British Citizenship Certificate.
However, I would like to retain my original ILR-BRP as it is the proof of my child’s claim to British Nationality.

Please refer to:

British Nationality Act 1981
1981 c. 61 Part 1 Acquisition after Commencement Section 1
Acquisition by birth or adoption
(1) A person born in the United Kingdom after commencement 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

According to the above reference, my child acquired British Nationality by birth as I was settled in the United Kingdom at that time.

Please refer to:

HMPO requirements for first child’s British Passport:
“You must send original documents or official copies of certificates. Photocopies are not accepted, even ‘certified copies’.”

According to the above reference, HMPO requires original documents for the first child’s British Passport.

In the future, my child will be required to prove her claim to British Nationality at the time of her “adult passport”. Since, the British Passport alone is NOT the proof of British Nationality; my child will be required to provide my ORIGINAL ILR-BRP as a proof to claim her British Nationality.

Please refer to:

• The British Nationality (General) (Amendment) Regulations 2015
Use and retention of biometric information
7E.—(1) Biometric information provided in accordance with these Regulations may be retained only if the Secretary of State thinks that it is necessary to retain it for use in connection with—
(a) the exercise of a function by virtue of the Immigration Acts; or
(b) the exercise of a function in relation to nationality.

According to the above reference, I believe it is necessary to retain my ILR-BRP for use in connection with the exercise of a function in relation to my child’s British Nationality.

In conclusion, I believe, it is necessary to retain my ILR-BRP to avoid any problems for my child i.e. in the event of obtaining an adult passport or any other future need to prove her claim to British Nationality especially in the case; if British Passport is lost, stolen or any Windrush like problems.

Please allow me to retain my original ILR-BRP for the sake of my child’s future as it is the proof of her claim to British Nationality.

Please provide me with a written confirmation/permission for my own record and update your system with the same.

Attached:
Copy of my ILR-BRP
Copy of Child’s UK Birth Certificate
Copy of Child’s British Passport

Thank you.

Kind Regards,
XX
A:
E:
M:
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VWS
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Re: UK Born Child After Mother on ILR

Post by VWS » Sun Aug 16, 2020 4:30 pm

Many thanks for sharing the draft. Thats really nice of you. Just to confirm, I am about to apply for naturalisation now as it has been over a year now since I recieved ILR.

Do I need to retain it now and just send a letter in place of the card or will I receive it back once naturalisation is approved and have to retain it while applying the passport. ( Am not sure at the moment how this works as I am in middle of filling up the naturalisation form).

Also for the employment section, I am director of my limited company since 2013 and was taking salary as well, so I will mention myself just as Director & self employed?

Are you able to get the appointment with UKVCAS for your finger prints??

All the best for the application.

many thanks for your help! :)

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Re: UK Born Child After Mother on ILR

Post by CULLINAN » Sun Aug 16, 2020 5:00 pm

You have to return your ILR BRP after you attend the ceremony within 5 days. You should write a letter after you attend your ceremony not now.

Note: No originals are sent to UKVI now. All documents are scanned and uploaded.

PS. Please start your own topic for your other questions which are specific to your own case and not relevant to this topic.
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Re: UK Born Child After Mother on ILR

Post by malvar » Mon Aug 17, 2020 8:56 am

Hi,

This thread has been very informative. Our child was born in the UK after spouse got ILR which makes the baby British and has already a passport.

Unfortunately, we already sent the BRP-ILR back when my spouse got citizenship early this year.

We do have scans of the ILR though but not certified copies. Would there be any alternatives? Or options for us?

Thanks a lot.

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Re: UK Born Child After Mother on ILR

Post by CULLINAN » Mon Aug 17, 2020 10:34 am

malvar wrote:
Mon Aug 17, 2020 8:56 am
Hi,

This thread has been very informative. Our child was born in the UK after spouse got ILR which makes the baby British and has already a passport.

Unfortunately, we already sent the BRP-ILR back when my spouse got citizenship early this year.

We do have scans of the ILR though but not certified copies. Would there be any alternatives? Or options for us?

Thanks a lot.
Maybe the following link may provide some insight to it:

https://www.immigrationboards.com/briti ... 48647.html

https://www.immigrationboards.com/briti ... l#p1359277
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

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