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Exemption from returning the BRP
Posted: Tue Oct 30, 2018 5:40 pm
by longgapilr
I've read somewhere that a parent is allowed to keep his original ILR BRP card (i.e. not post it back to the Home Office within 5 days of the citizenship ceremony) if he has a non-British child because the parent's original BRP card must be submitted to the Home Office when applying for the child's naturalisation. I have a non-UK born non-British son who has the ILR. We will apply for his naturalisation soon.
Could you please advise if this is correct?
If yes, could you please share the details (link)?
Do I have to notify the Home Office that I will not be returning the BRP card? If yes, how do I notify them? Call, email, post a letter?
If I can keep the BRP card, can I then subsequently use it to enter the UK as well (i.e. until I get the British passport)?
Re: Exemption from returning the BRP
Posted: Tue Oct 30, 2018 6:18 pm
by secret.simon
Vinny makes
an argument for BRP retention in case a child's citizenship is based on the parent's ILR. But there is no official/Home Office document that states so.
Also, if you make a child passport application and enclose the BRP, it is not inconceivable for the Home Office to destroy the BRP at that point. It has happened when
a naturalised British citizen tried to enter the UK with his ILR BRP and had the BRP taken away at the airport.
Re: Exemption from returning the BRP
Posted: Tue Oct 30, 2018 6:20 pm
by CR001
Relevant to a UK born child. Ops child is born abroad and holds ILR.
Re: Exemption from returning the BRP
Posted: Tue Oct 30, 2018 11:13 pm
by secret.simon
CR001 wrote: ↑Tue Oct 30, 2018 6:20 pm
Relevant to a UK born child. Ops child is born abroad and holds ILR.
Apologies. From the tone of the question, I assumed that the child acquires his citizenship from the ILR BRP.
As mentioned earlier, there is no official Home office guidance on when
not to return a BRP. But I have not yet heard of a person getting fined for not returning the BRP.
Re: Exemption from returning the BRP
Posted: Wed Oct 31, 2018 4:35 pm
by longgapilr
Do I have to submit my original ILR BRP card with my child's naturalisation application?
My child is a non-UK born and non-British. He already has an ILR.
Re: Exemption from returning the BRP
Posted: Wed Oct 31, 2018 6:31 pm
by CR001
longgapilr wrote: ↑Wed Oct 31, 2018 4:35 pm
Do I have to submit my original ILR BRP card with my child's naturalisation application?
My child is a non-UK born and non-British. He already has an ILR.
No, your child submits their own brp card showing they have ILR.