Keeping BRP - an interesting case

[Chiaro]

Hi Gurus,

When I applied to my naturalisation application, I added notes in the application asking to keep my ILR BRP as per section 7E(1)(b) of The British Nationality (General) (Amendment) Regulations 2015 so that my child could prove they are British citizen from birth at any point of their life.

I've got a call from HO during my application as they wanted to double check some details. During the call, I asked them if they received this request and the officer said that unfortunately, it is not possible to keep the BRP. I explained that I need it for proving my child's citizenship status in the future and they asked if my child has a British passport already. I said yes and they said the passport is a proof of citizenship on its own so I cannot keep the BRP and don't need it. I know its not true as passport is not a proof of citizenship but didn't want to argue to not affect my case as it was pointless to argue.

Now my case was approved some time ago. What should I do to keep my BRP - I don't want to give it away as otherwise my child might face issues in the future. Shall I just send a copy of my BRP to Biometric Product Returns and explain the situation (there is a letter template somewhere in this forum), or do something else?

Will appreciate your help on this. Thanks.

[contorted_svy]

I have seen people suggesting to get an authenticated copy and then return the original, others suggest to keep it and risk the fine - either way you have the right instinct, your BRP constitutes documentary evidence of your child's claim to British citizenship and you need to preserve that evidence even though HO asks you to cut it and return it.

[alterhase58]

I won't recommend anything either way - certainly the Home Office would just stick to the party line, even if it doesn't make sense.

Most people are scared they get fined and return the card in a hurry, though we yet have to see substantiated reports that members here have been fined. On the the other hand there have been reports from members that they had forgotten their BRPs and found them years letter, no fine. Some keep the original card, some make certified copies and return card. Your choice!

[CR001]

Read through link below which contains other links towarda the end with useful information.

british-citizenship/important-return-br ... 00820.html

[Chiaro]

I have seen people suggesting to get an authenticated copy and then return the original, others suggest to keep it and risk the fine - either way you have the right instinct, your BRP constitutes documentary evidence of your child's claim to British citizenship and you need to preserve that evidence even though HO asks you to cut it and return it.

Thanks but I don't think Passport Office will accept authenticated copies - they explicitly mention they only accept originals, so authenticated copy is out of question

[Chiaro]

I won't recommend anything either way - certainly the Home Office would just stick to the party line, even if it doesn't make sense.

Most people are scared they get fined and return the card in a hurry, though we yet have to see substantiated reports that members here have been fined. On the the other hand there have been reports from members that they had forgotten their BRPs and found them years letter, no fine. Some keep the original card, some make certified copies and return card. Your choice!

Yes, a tricky one - I want to play by rules and just send them a copy of my BRP along with explanation letter as I think someone already done so in the forum, but thinking what if they insist to send it anyway? Do you know if its going to by just fine in worst case, or fine and prosecution? If its just fine, I am happy to pay 1K for the sake of my child's future if its the only way to overcome the bureaucratic wall.

[Chiaro]

Read through link below which contains other links towarda the end with useful information.

british-citizenship/important-return-br ... 00820.html

Thanks a lot! - I did read this previously, there are some very valuable advises. My understanding is that the most feasible option would be sending a letter to them with the explanation and hope for the best? As a last resort, I don't mind paying 1K for the sake of my child's future but don't want to face prosecution. This doesn't really make sense - there are legal provisions for these cases, why are they ignoring these?.

[vinny]

Child first passport rejected. Parent got ILR (before child was born) and becomed Bristish citizenship.

[Chiaro]

Child first passport rejected. Parent got ILR (before child was born) and becomed Bristish citizenship.

Thanks vinny. My child already has a British passport so its not the case. Although, I got the point that Subject Access Request might be a valid option in these cases but will involve a lot of headache.

[AmazonianX]

Surely you expected the response that was given; the person you were on call with will not deviate from the norm.
Don't see any different response if tou write them on same subject.
On the other hand, BRPs comes to an end shortly and maybe yours won't be missed out of the loads they git orwill get back.

[contorted_svy]

Honestly if I were in your shoes I would keep the BRP safe. The few people who experienced issues reported that it was after they tried to travel to the UK with the BRP after obtaining citizenship. HO and advisors on the phone will say otherwise but it has long been recognised as a problematic norm.

[Chiaro]

Surely you expected the response that was given; the person you were on call with will not deviate from the norm.

Not really - there is a special provision in section 7E(1)(b) of The British Nationality (General) (Amendment) Regulations 2015 that specifically says the decision maker has powers to allow the applicant to keep the BRP and it covers nationality part so was perfectly applicable. There is no "norm" in this case but a specific, legit circumstance that the decision maker could consider.

[vinny]

Thanks vinny. My child already has a British passport so its not the case. Although, I got the point that Subject Access Request might be a valid option in these cases but will involve a lot of headache.

If the British passport got stolen or lost, then they may treat a subsequent application as a first application, requiring original documents again!

[contorted_svy]

Thanks vinny. My child already has a British passport so its not the case. Although, I got the point that Subject Access Request might be a valid option in these cases but will involve a lot of headache.

If the British passport got stolen or lost, then they may treat a subsequent application as a first application, requiring original documents again!

Also if your child ever has children of their own they may need your ILR BRP to demonstrate entitlement to British citizenship.