UK Born Child After Mother on ILR

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:

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!

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.

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.

malvar wrote: ↑

Mon Aug 17, 2020 9:56 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