FBR Refusal - Review/Appeal timescale

[mattheww89]

Hi all, long time lurker, first time poster, so apologies in advance if starting this new topic is incorrect.

I applied for FBR in May 2023. In mid-January 2024 I received an email refusing my application. I wrote to the Appeals Officer that same week (well within the 6 week timescale).

I’ve had no confirmation of my appeal and wondered if this is normal? Assuming that it is, does anyone know how long the appeals process typically takes? Or if there is anything I do to hurry it along?

[CR001]

What were the reasons for refusal? It is not common or often that FBR is refused.

[mattheww89]

What were the reasons for refusal? It is not common or often that FBR is refused.

So…admittedly my case is a bit off-piste.

I regret to inform you that you are not eligible for FBR and your application is being refused. This is due to the fact that [paternal grandfather] was not named on the civil birth certificate submitted for your Father.

My father was born out of wedlock (that sounds so old fashioned but I think it’s the correct term?!) and he was adopted immediately after birth.

His father (my paternal grandfather), who was born in Ireland, is therefore not named on my father’s birth certificate.

I submitted a detailed explanation of this with my application, along with providing extensive documentation (original adoption records, correspondence with my late grandmother, genealogy records, an official copy of my grandfather’s birth certificate sourced from the Irish registry, and more), but apparently they have ignored all this.

If the documentation provided to them is insufficient then fair enough, but it’s really very poor that they are so unhelpful in their correspondence. They could explain why the documentation is insufficient, they could give guidance on what documentation they could accept, etc.

For them to just state the bleedin’ obvious, which I pointed out to them myself in my application, really is of no use.

Anyway, I have appealed, even if just in the hope that I get a bit more guidance on what documentation might be accepted. But I have no idea how long I should wait before I hear something.

[corky100]

Just checking I've understood correctly - your applying based on your Biological Grandfather i.e. your adoptive grandfather is not born in Ireland?

There's a reason the father is not named on the birth certificate, it's really common - It takes them out of the loop regarding the adoption.

[mattheww89]

Yes that’s correct, it is my natural grandfather who was Irish, not my adoptive grandfather. For what it’s worth, my great-grandfather on my dad’s mothers side was also Irish, though I understand that is too far removed to be of much use to me here.

[corky100]

I've noticed that quite a high percentage of people applying through the adoptive route have a biological route as well (hmmmm).....but choose to go down the adoptive route for reasons just like this - the paperwork doesn't have gaps in it and there's less to 'prove'.

Anyway, I think you have one option...and that's to get your fathers birth certificate amended, to add your biological grandfather. I've not done this myself so can't advise on how. I know it can and has been done, and I think you have to go court to do it.

[mattheww89]

Yes that’s what I think, but it does sound like a tricky and expensive process. Hence I thought I’d wait until I hear something back from my appeal/review…but no idea if/when I am likely to get a response, or even just an acknowledgement.

[corky100]

I've had a quick look and it might just be 90 quid.....a court order isn't always needed.

https://www.gov.uk/correct-birth-regist ... w-to-apply

My birth certificate has two lines for fathers name......when I first saw that, what came out of mouth would have made a builder blush. It can cause problems down the line for the adoptee.

[mattheww89]

For anyone still following, I received an email on Thursday (2nd May) regarding the FBR appeal that I submitted back in January.

The email says:

We received your letter of appeal in relation to your Foreign Birth registration application you submitted in 2023 which was cancelled in January 2024.

Your application was reviewed by senior management and they have concluded their reviewing process.

I am delighted to confirm your application will now be passed to a FBR checker who will review your application and if all is in order will approve your application.

If anything further is required the checker will be in touch with you direct.

I am not quite sure what this all means. As per this thread, my original FBR application was refused. I appealed. Now it sounds like my appeal has been upheld but I’m not sure in what sense.

Have they basically just agreed that my original FBR application was not correctly handled? Are senior management “delighted to confirm” that I simply get put back in the queue for another (or possibly even the same!) FBR checker to look at my whole application, including eligibility?

Or does this email imply that senior management agree that I am in fact eligible for FBR, and the FBR checker now just needs to make sure my file is in order (e.g. address, paperwork, etc.) with the question of eligibility already being settled for me now?

[corky100]

Good news - that reads to me as, that it's being passed over now (not in the queue), and if all is in order, your FBR will be issued

[mattheww89]

In case it helps anyone else with timescales…I have heard nothing further since 2nd May. I had hoped that I might be at the top of the pile following the senior management review, but 6 weeks of silence suggests that is not the case!

[mattheww89]

Just to close this off, I had a knock at my door this morning from a postman with a package I needed to sign for. It contained my FBR certificate and all the original documents I sent! Hooray!

Completely out of the blue. I had heard nothing since the somewhat ambiguous email of 2nd May informing me that my senior management review had been successful.

For the benefit of anyone reading this in the future and wondering about timescales, here’s mine:

Applied in May 2023.
Declined in January 2024.
Appealed in January 2024.
Appeal upheld 2nd May 2024.
FBR granted 21st May 2024.
Certificate received 6th July 2024.

That timescale of 14 months is quite acceptable, especially given that also includes an appeals process.

But I think the process needs to improve massively in terms of communication. There are no updates, no timescales, you just send important documents an a chunky fee into the ether and hope for the best. And all the staff I’ve dealt with have sadly been very unhelpful, bordering on rude and obstructive. I don’t blame them, but I think it is reflection of the system they are in and the processes that are really poor.

Anyway, I guess I am Irish now, so I’m off for a celebratory Guinness

[corky100]

Congratulations - I think your views on the process are pretty accurate, they could probably massively reduce phone calls etc if they sent out more communications.

Glad you didn't have muck about changing the birth cert - that'll be the best tasting pint of Guiness you'll ever have