Child 1st passport to a settled EEA parent

[owenmi]

Hi all,

I've searched all over, but couldn't find an answer to our case:
I'm and EEA passport holder. I've been living in the UK for 7 years now. I started working immediately after moving here. After two years I went to university, to enhance my career, i.e. I was in vocational training. After uni I went back to work.
6 months ago I applied for a PR, and my document certifying permanent residence was issued in October 2016. During this period my 1st daughter was born. Having been settled in the UK since 2014 (by EU regulation, without a document from the Home Office), I applied for her 1st British passport. It's been held at the Passport Office for 3 weeks now, and every week they are requesting more information. However, they keep asking for information about the year I was a student (including Comprehensive Sickness Insurance. Sadly, I didn't have one). Regardless, I was issued with a permanent residence card. This is so weird.
I've heard I can ask for a letter confirming 'deemed settled'. Or even ask for the whole case to be send over (under the freedom of information). Did anyone try this option before? I don't know how to explain to the Passport Office that the Home Office has approved my previous application.

Please, help

[ohara]

Can you give a detailed timeline of your history in the UK? Did you use the same evidence for the passport application that you used for the PR card?

[noajthan]

Hi all,

I've searched all over, but couldn't find an answer to our case:
I'm and EEA passport holder. I've been living in the UK for 7 years now. I started working immediately after moving here. After two years I went to university, to enhance my career, i.e. I was in vocational training. After uni I went back to work.
6 months ago I applied for a PR, and my document certifying permanent residence was issued in October 2016. During this period my 1st daughter was born. Having been settled in the UK since 2014 (by EU regulation, without a document from the Home Office), I applied for her 1st British passport. It's been held at the Passport Office for 3 weeks now, and every week they are requesting more information. However, they keep asking for information about the year I was a student (including Comprehensive Sickness Insurance. Sadly, I didn't have one). Regardless, I was issued with a permanent residence card. This is so weird.
I've heard I can ask for a letter confirming 'deemed settled'. Or even ask for the whole case to be send over (under the freedom of information). Did anyone try this option before? I don't know how to explain to the Passport Office that the Home Office has approved my previous application.

Please, help

At the moment you cannot show HMPO you were settled when child was born.
A DCPR/PRC issued later can simply confuse HMPO.
And there's the question of what date of acquisition is recorded in your file in HO CID databank.
Your PR may not have been confirmed as acquired in 2014, the date HO consider you acquired PR may be later.

Did you apply for confirmation of PR on basis of being a student?
What did you submit in lieu of CSI if you had no CSI during those carefree student years?
Or were you considered a worker with retained status?

Suggest request a SAR from UKVI to see what's in your file.

Similar case:
http://www.immigrationboards.com/britis ... t#p1420382

[owenmi]

Thanks for the replies. Here are some comments:

@ohara
Moved to the UK October 2009 from A8 country.
Started working two weeks after the move. Registered with WRS.
September 2011 - started uni. Studies are related to work. No CSI.
January 2013 - graduated.
March 2013 started working again. Working/self employed since.
I also have CSI since 2012

I've applied for PR based on exercising treaty: worker, retained status, worker, self employed and self sufficient (with CSI), worker.

Home office accepted this and issued DCPR.

@noajthan
I tried to explain to HMPO that the same evidence satisfied the HO of my settlement. They kept asking for either CSI or p60 for the time I was a student. I literally read them out loud the clause saying I've retained my worker status, and then they've asked me to send this in writing so they could investigate.
As mentioned above - I was considered worker with retained status.

I will request a SAR, but in the meantime, is there another way to convince HMPO that I was indeed settled?

[noajthan]

Thanks for the replies. Here are some comments:
...

@noajthan
I tried to explain to HMPO that the same evidence satisfied the HO of my settlement. They kept asking for either CSI or p60 for the time I was a student. I literally read them out loud the clause saying I've retained my worker status, and then they've asked me to send this in writing so they could investigate.
As mentioned above - I was considered worker with retained status.

I will request a SAR, but in the meantime, is there another way to convince HMPO that I was indeed settled?

It appears (from previous cases) HMPO caseworkers are not always familiar with EU-related cases and PR.
You will have to resend evidence of acquiring PR to show you were settled at appropriate time. They will not accept a say so based on evidence submitted previously to HO and evidently won't give benefit of doubt.

[owenmi]

Thanks. (again!)

I've rewritten the cover letter and attached the relevant legislation. Hope it'll help.

[ohara]

If you don't mind spending some extra money, it might be worth doing a nationality status application before applying for the passport. As your daughter's case is fairly complex, the NS certificate will be the only hard proof of your daughter's claim to British citizenship. It is also directly accepted by HMPO so you can use it to apply for her passport without sending everything else. It may also be handy to have some proof of British citizenship if she needs it later in life.

NS costs £272.