Passport documents treaty right

[Kamila30]

Hi.

Really hope someone can help me in any way. I applied for passport for my 4 year old son (born in 2015). I dont know where his father is as we had abusive marriage nor I have contact with him. I have send all documents they had asked me to send (had called before applying). I arrived in scotland in 2008. Been working but apparently for years 2010-2012 I have small income and they required income proof. I had called passport office explained that since I arrived in uk i lived with my ex husband and we had two incomes hence how we surived. I explained that I dont have contact with him and I have no way of getting his income for those years needed. Before I applied for passport they never mentioned I need to have earn certain amount of money either. I been here 11 years now and not planning to move back to Poland. But very unsure what else can I supply them with if they have my income for all years. Any ideas please?

Ps. Polish passport is not an option as I need his dad agreement to passport then as he didnt had his parental rights taken away.

[secret.simon]

What are your nationalities? What are the father's nationalities? Where was the child born? When and how did the father acquire his PR?

[Kamila30]

His father and I are Polish. My son was born in uk. Whats pr? Sorry

[secret.simon]

PR = Permanent Residence.

Your son is only eligible for a british passport if either you or the child's father acquired PR before the child's birth (assuming that the child was born in the UK).

What proof did you provide that either you or the fater had acquired PR?

[Kamila30]

Dont know if he had any. When I arrived in UK i did not needed it. All I needed was NIN.

[secret.simon]

That is probably why your son's British passport application was refused.

For your son to apply for a British passport, you need to prove that either his father or you acquired PR before his birth. Otherwise, your son is not eligible for a British passport.

Did you work for any continuous five year period in the UK before the child's birth? If not, there is a good chance that you will need the father's assistance in providing documentation that he did work for five continuous years in the UK before the child's birth.

If there is no such proof, then the child will be correctly denied a British passport.

[Kamila30]

Been told before by passport office that PR and ILA is the same thing. After working continuously for 5 years before birth of my son It would be automatic. So confused. I do not know where his father is. He asulted me and my son so I do not have contact with him nor know where or which country he is at.

[secret.simon]

After working continuously for 5 years before birth of my son It would be automatic.

Correct. PR would be automatic for you as you were an Polish citizen (provided you weere registered for WRS if you worked between 2004 & 2009).

Did you work for five continuous years before the birth of your son? If so, how much did you earn and which five years did you work?

[Kamila30]

I arrived here in 2008 october. And had few different job in first few years. Work without any break? No I had few job changes at the begining due to being told what to do or not to do by my absuive ex.. so probably thats the problem. They didnt refused application but they asked for more information due to small earnings in 2010-2012. But I cant find anywhere anything about working continuously in paperwork or online. I found that if "I acquired permanent residence in uk through excercising of treaty rights for a period of 5 continuous years before child was born" but that mentioned only by not leaving country for more then 3 months which I didnt. It mentioned full time work, part time work and self sufficiency. If I wasnt on any benefits for first 8 years here and in treaty rights state that I did not need or take help from government/benefit system i did exercise treaty rights.

Sorry it's just really confusing for me.

[Kamila30]

I wasn't registered for WRS. Was 18 when arrived here and been told Its not required anymore to register for it in order to work.

[secret.simon]

If I wasnt on any benefits for first 8 years here and in treaty rights state that I did not need or take help from government/benefit system i did exercise treaty rights.

Not necessarily. For you to have exercised treaty rights via self-sufficency, both you and any other family member would have needed to be covered by Comprehensive Sickness Insurance (aka private insurance). If you did not have private health insurance at the time, then you were not self-sufficient for the purpose of acquiring PR automatically.

4(1)(c)“self-sufficient person” means a person who has—
(i) sufficient resources not to become a burden on the social assistance system of the United Kingdom during his period of residence; and
(ii)comprehensive sickness insurance cover in the United Kingdom;
...
(2) For the purposes of paragraph (1)(c) or (d), where family members of the person concerned reside in the United Kingdom and their right to reside is dependent upon their being family members of that person—
...
(b) the requirement for that person to have comprehensive sickness insurance cover in the United Kingdom shall only be satisfied if he and his family members have such cover.

I wasn't registered for WRS. Was 18 when arrived here and been told Its not required anymore to register for it in order to work.

WRS has nothing to do with your age. If you worked between 2004 & 2009, you were required to register for WRS each time you changed jobs. Again, if you did not, that period does not count for the purpose of acquiring PR.

If the earnings were lower than the rate at which National Insurance contributions kick in (~£150 per week), then it wil be questioned whether the work was "genuine and effective". If it was not "genuine and effective", that period does not count for acquiring PR.

You would need to have worked continuously for five years (with WRS registration before 2009 and with sufficiently high pay) before the birth of your child to have acquired PR automatically and therefore for your son to have been born a British citizen.

I would say that your best bet would be to apply for a DCPR with the evidence that you acquired PR before the date of birth of the child and then submit the DCPR to the Passport Office. The people who handle DCPR applications have a more detailed knowledge of EEA Regulations, as opposed to the people at the Passport Office who must needs be generalists.

[Kamila30]

Unfortunately I cant apply as I dont have my passport or other documents as passport office got them. I have settled status since this year via app.

[Kamila30]

What is sickness insurance? Never needed that as I had NIN since arrived which covered health care.

If I needed it woudnt I be rejected health care?

[Kamila30]

They require 5 years proved so 2010-2015 so I dont need wrs.

Yes there was one year when i had part time job compare to rest of years when I was employed full time. What they mean by geniue and effective? If i earned money, had enough money to keep myself alive without being on benefits how that coudnt be geniue?

I did called passport office explained everything, asked what is needed exacly before applying.

In the letter I got today they asked for prove of income for years 2010-2012 and 2015-2016(i been working and attending college that year so all good). I have send them all p60 for those years so what else can I send as its been 7-9 years ago and I do not have any bank statments etc.

Its so complicated

Thank you for answering all questions and sorry for being pain in b.tt.