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Dear forum members, I have a question on behalf of my sister, she has been issued her PR on 8/08/2016 she have acquired the status in Feb 2016 after completing 5 years as a family member of qualified person. In the meantime she has given a birth to her baby boy on 04/08/2016 she tried to apply for his British passport but the passport office informed her that he does not qualify because her BRP is issued on 08/08 and boy was born on 04/08 just four days difference lol. Is Passport office right that he does not qualify for British passport or does she have to apply to register him using form MN1? She would be really greaful if someone could give some advice on this matter.

Thanks to everyone

Ishjon wrote:Dear forum members, I have a question on behalf of my sister, she has been issued her PR on 8/08/2016 she have acquired the status in Feb 2016 after completing 5 years as a family member of qualified person. In the meantime she has given a birth to her baby boy on 04/08/2016 she tried to apply for his British passport but the passport office informed her that he does not qualify because her BRP is issued on 08/08 and boy was born on 04/08 just four days difference lol. Is Passport office right that he does not qualify for British passport or does she have to apply to register him using form MN1? She would be really greaful if someone could give some advice on this matter.

Thanks to everyone

Another example of lack of joined-up thinking from government departments.
The date of issue of the optional and merely confirmatory PR card is nothing to do with it.

Baby is British and so no need to register her.

Sis can request a SAR from UKVI to see what date HO have recorded in their CID databanks for her.

And see also HMPO guidance on such cases:
https://www.gov.uk/government/publicati ... plications
- in order to avoid confusing the evidently poorly-trained and unaware caseworkers, sis could also apply with original proofs of her PR status rather than PR card.

Thanks Noajthan, I believed it would be the case but don't why they make things so hard. We have requested SAR using a pilot free scheme response came through but there was not any information anywhere on that bundle regarding the PR date send them request again stressing what we need from them.

Ishjon wrote:Thanks Noajthan, I believed it would be the case but don't why they make things so hard. We have requested SAR using a pilot free scheme response came through but there was not any information anywhere on that bundle regarding the PR date send them request again stressing what we need from them.

Well citizenship is a serious business; in fact, life-changing.

The problem for hard-pressed, overworked and probably underpaid caseworkers is the lack of joined-up thinking between different departments and the incompatibilities between EU law (PR card) and UK law.

You (sister) can always apply based on guidance in the linked document by sending all your original PR proofs.
Don't send the PR card as it clearly confuses the interns and agency workers processing these cases.

Ok thanks, so to double check, she needs to send all the paperwork she send for her PR application? The only thing is that she is no longer with her husband and didn't want him to help her plus she did not put hus name in baby's birth certificate. Do you think she can still apply for baby's passport by herself or does she have to ask her ex husband to be to help?

Ishjon wrote:Ok thanks, so to double check, she needs to send all the paperwork she send for her PR application? The only thing is that she is no longer with her husband and didn't want him to help her plus she did not put hus name in baby's birth certificate. Do you think she can still apply for baby's passport by herself or does she have to ask her ex husband to be to help?

Have you checked the guidance yet - just follow it. Send the proof of having acquired PR status (not the card).

One parent needs to have been settled before baby was clever enough to be born in UK.
If that was sis then all good.