Question about BRP return

MoeAbbas · Post by **MoeAbbas** » Wed Jun 22, 2022 7:19 pm

Guys I have a question about my BRP return after naturalisation.
My son was born after I got my ILR and he was issued his British passport. HM passport office ended up losing my BRP and I had to apply for a replacement. Now that I am naturalised I need to return my BRP. Do you think I need to retain it to prove my sons status when I renew his passport despite it being a replacment? Or it doesn't matter now that he got his first passport ?

AmazonianX · Post by **AmazonianX** » Sat Jun 25, 2022 5:01 am

MoeAbbas wrote: ↑
Wed Jun 22, 2022 7:19 pm
Guys I have a question about my BRP return after naturalisation.
My son was born after I got my ILR and he was issued his British passport. HM passport office ended up losing my BRP and I had to apply for a replacement. Now that I am naturalised I need to return my BRP. Do you think I need to retain it to prove my sons status when I renew his passport despite it being a replacment? Or it doesn't matter now that he got his first passport ?

Since he got first British passport after needed verifications done, there is no need for retaining BRP. Subsequent applications should be smooth.

CR001 · Post by **CR001** » Sat Jun 25, 2022 5:23 am

Your ilr brp is the only evidence that your son is British by descent. However your new brp likely is dated after your sons birth if you had to apply for a replacement.

secret.simon · Post by **secret.simon** » Sat Jun 25, 2022 7:52 am

AmazonianX wrote: ↑
Sat Jun 25, 2022 5:01 am
Since he got first British passport after needed verifications done, there is no need for retaining BRP. Subsequent applications should be smooth.

Don't count on it. An applicant can be asked to prove their British citizenship at any future renewal. It happened a few years ago when children of EEA parents living in the UK under the EEA Regulations were denied passport renewals, because the interpretation of WRS (and so the children's right to British citizenship) was changed.

In any case, keep in mind that fresh documentary proof would almost certainly be required when the child themselves have children and those children (the grandchildren of the OP) would need to apply for a British passport.

To the OP: Do you have the letter stating your grant of ILR, the letter stating the issuance of your new BRP, etc? You may want to preserve them carefully. And yes, hold on to the new BRP too.

AmazonianX · Post by **AmazonianX** » Sat Jun 25, 2022 9:06 am

secret.simon wrote: ↑
Sat Jun 25, 2022 7:52 am

AmazonianX wrote: ↑
Sat Jun 25, 2022 5:01 am
Since he got first British passport after needed verifications done, there is no need for retaining BRP. Subsequent applications should be smooth.
Don't count on it. An applicant can be asked to prove their British citizenship at any future renewal. It happened a few years ago when children of EEA parents living in the UK under the EEA Regulations were denied passport renewals, because the interpretation of WRS (and so the children's right to British citizenship) was changed.

In any case, keep in mind that fresh documentary proof would almost certainly be required when the child themselves have children and those children (the grandchildren of the OP) would need to apply for a British passport.

To the OP: Do you have the letter stating your grant of ILR, the letter stating the issuance of your new BRP, etc? You may want to preserve them carefully. And yes, hold on to the new BRP too.

Going with your above summation. Remembered stating similar to forum member asking about keeping documents from the past, used Windrush as an example.
One can really not tell with government and policy changes.

vinny · Post by **vinny** » Sat Jun 25, 2022 10:14 am

Moreover, when they move to digital status for all, then only the Government would hold the evidence in a database? The Windrush scandal may be a walk in the Park compared to what lies ahead?

MoeAbbas · Post by **MoeAbbas** » Sat Jun 25, 2022 11:15 am

Yes my new BRP is dated after my son was born so I am not sure if homeoffice would accept it for any future issues, I have emails when my ILR was granted, documents from HM passport office apologising for losing my BRP... I have everything in the form of emails and photocopies.

I am just not sure how good of an idea is it to retain an ILR BRP that was issued after his birth. And if I will keep it how do I deal with homeoffice asking for it back within 5 days?

Thank you everyone

vinny · Post by **vinny** » Sat Jun 25, 2022 11:24 am

Write to the Home Office.

AmazonianX · Post by **AmazonianX** » Sat Jun 25, 2022 1:05 pm

vinny wrote: ↑
Sat Jun 25, 2022 10:14 am
Moreover, when they move to digital status for all, then only the Government would hold the evidence in a database? The Windrush scandal may be a walk in the Park compared to what lies ahead?

Nightmarish

ljager · Post by **ljager** » Wed Aug 17, 2022 3:35 pm

vinny wrote: ↑
Sat Jun 25, 2022 11:24 am
Write to the Home Office.

I am in a similar situation. My child was born after I received ILR but I haven't yet applied for a passport for her. I was waiting to do so once I received my citizenship. I now have BC and have attended the ceremony.

I wrote to the HO using your letter as a template and requested to keep my BRP for proof of her citizenship and this was their response:

"Unfortunately I am unable to confirm that keeping hold of your BRP will not cause any problems in the future. If you have been advised to return your BRP card as part of the naturalisation process, then the guidance must be followed."

Should I pursue this any further? Has anyone else received another answer and were allowed to keep their BRP?

TIA

vinny · Post by **vinny** » Thu Aug 18, 2022 12:48 am

Unfortunately, returning a parent’s ILR B R P has caused a UK born child problems. I think there is legislation in place to keep it for nationality purposes.

Make a Freedom of Information request or search to see if they had formally warned or fined anyone for keeping it?

bruteforce · Post by **bruteforce** » Thu Aug 18, 2022 11:06 pm

For what its worth, my wife & I never sent our BRPs back & we got our ILRs & nationalities a year apart, nothing happened & there is nothing they can do about it anyway.

ljager · Post by **ljager** » Tue Sep 06, 2022 1:55 pm

Thanks Vinny and Bruteforce! We have now applied for the passport and were asked to supply proof of our ILR so keeping the BRP was the right option.

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