Children's British Passports refused & under question

HI. I hope someone can help. On 21 of March I have applied for my daughter first passport. Because I and my parter are from Poland the passport needs to go through all checks. I have sent all P60's(from 2007), council tax bills for last 5 yrs and today I have received phone call from passport office that my daughter cannot get British passport as 10 yrs back, when I came to the UK I haven't registered myself with home office when I got full time job( I did register myself when I was working for an agency. After 8 months I got full time job and I haven't been advised by my employer to register again). My parter has vame to UK in 2010 also hasn't been advised that he needs to register with Home office so he never did. From 2011 we don't need to register ourselves to have permission to work in the UK. My question is.. Why are the looking 10 yrs back if I have proven them I have been working whole 10 yrsbeing in the UK? Why they need the letter from home office about something which is no longer existsting?
I also applied for my sons passport 2,5 yrs ago and he got it. But the lady said they will have to have look into it again and I might have to send my sons passport back to them as she thinks my son shouldn't get it at all. Are they ok to just take it back after such a long time? I thought if u got the passport u have citizenship forever..

@Monika:
If you were not correctly registered with the Worker Registration Scheme, your time spent working in the UK prior to May 2011 would not have counted as exercising treaty rights and your children would not be British by birth as you would not have been able to achieve settled status (=Permanent Residence) before May 2016.
I'm not an expert on WRS so maybe open your own post with an exact timeline on when you started work and when you registered with WRS and some seniors may be able to advise if you correctly registered or not. I believe that you need to work a full 12 months, otherwise you need to re-register when starting a new job. It's not the HO's responsibility to remind of registration, I believe it was left up to the business/individual worker.
Best to open your own post instead of hijacking another member's post. You will probably get more replies and avoid confusion.
If your first son's passport was issued in error and he isn't entitled to one because it turns out that he is not a British Citizen you will probably need to send it back. But look into your WRS registration first.

To avoid confusion & jumbled responses, I have moved your question to its own thread (this one).

I'm assuming children were born in UK.

As mentioned above, if improperly registered for WRS then, as A8 nationals, you will not have acquired PR yet.
So, unfortunately, as neither parent was settled in UK when children were born (in UK), it means your children are not automatically British.

All is not lost. When at least one parent has acquired PR you may apply to register children as citizens under section 1(3) of BNA;
use form MN1.

You may wish to look into getting 'confirmation of PR' cards for yourself and spouse too.
These are now a mandatory requirement anyway if you have ambitions for privilege of citizenship.
Having such PR cards would also help simplify your application to register your children as citizens.

noajthan wrote:I'm assuming children were born in UK.

As mentioned above, if improperly registered for WRS then, as A8 nationals, you will not have acquired PR yet.
So, unfortunately, as neither parent was settled in UK when children were born (in UK), it means your children are not automatically British.

All is not lost. When at least one parent has acquired PR you may apply to register children as citizens under section 1(3) of BNA;
use form MN1.

You may wish to look into getting 'confirmation of PR' cards for yourself and spouse too.
These are now a mandatory requirement anyway if you have ambitions for privilege of citizenship.
Having such PR cards would also help simplify your application to register your children as citizens.

Hi again, thank you for response. I thought is not right to give passport and take it back..
But because we don't need to register with home office from May 2011 then in May this year will be 5 years when the law doesn't exist, can I then apply for British passport for my children again? As I think I will only need p60's and it should not be a problem that I didn't register properly with home office ten years back.
Also as far as I know because we are EU we don't need PR card or we do?

I agree, quite odd that the issued a PP potentially in error, this should not really happen. Once you obtain PR status in May 2016, you need to register your children as British Citizens on form MN1 before they can obtain a passport. This currently costs ~ £900+per child. For the registration you do not need a Document Certifying PR as long as you can provide evidence of having obtained PR, although having the document can make things easier (and is also required should you ever want to apply for BC yourself).

Monika12303 wrote:Hi again, thank you for response. I thought is not right to give passport and take it back..
But because we don't need to register with home office from May 2011 then in May this year will be 5 years when the law doesn't exist, can I then apply for British passport for my children again? As I think I will only need p60's and it should not be a problem that I didn't register properly with home office ten years back.
Also as far as I know because we are EU we don't need PR card or we do?

If a passport was issued in error to someone who was not entitled to one then it may well be decided it is a nullity (null and void).
However the facts that a minor is involved, and the minor was not complicit in any wrongdoing connected with the application, should stand in the child's favour.

You no longer have the option to apply directly for passports as your children are not British (yet).

As they were born before you were settled in UK (with PR) you will now have to register them as citizens - once you are settled (with PR).
Fortunately for them they are entitled to be registered (whereas if born abroad it would be at Home Secretary's bountiful discretion) but you still have to go through with that registration now.
Then apply for their passports later.

A PR card is not mandatory to register your children but it may simplify the process.
It also reduces risk because at £65 its a small price to pay to find out if all your documentation is in order.
Better than paying and risking losing the full MN1 fee over some technicality.

As mentioned, a PR card will be required if you wish to naturalise at some time too.

Monika12303 wrote:Also as far as I know because we are EU we don't need PR card or we do?

Permanent residence is useful to have - it enables you to stay here as governments become less tolerant of non-working EEA nationals.

If the UK leaves the EEA, it is possible that a distinction will be made between merely having permanent residence and holding a document certifying permanent residence (DCPR). Additionally, it may be easier to preserve a DCPR (and the government may admit to having issued one) than to preserve the evidence needed to prove that one has acquired PR.

Why? To make things more difficult for you.

stanlaurel wrote: ↑

Mon Feb 05, 2018 6:05 pm

Why? To make things more difficult for you.

Please don't dig up inactive threads which is this case is almost two years old