Passport application to a child EU refused

[Cadani]

Need help applied passport for my son who's born in UK 01/11/2011. Has eu passport applied under eu Treaty rights . Sent employment history from 2006 till 2011 . Father has eu passport

Received email from caseworker this.


Thank you for submitting a passport application for xxxxxx.

British nationality is a matter of law and we issue British passports to those that have a claim under the British Nationality Act 1981. This is decided mainly by a person’s place and date of birth and their parents’ places and dates of birth. From the information available it would appear that xxxxxx is not a British national.

Living in the United Kingdom has no effect on a person’s nationality.

If you want to apply for British citizenship for your child, you can get more information and the requirements to qualify for British citizenship from: https://www.gov.uk/becoming-a-british-citizen
If your child gains British citizenship they will then be eligible to apply for a British passport. However, you will need to provide the registration certificate.

I have enclosed the documents you sent to us with the application.

The fee has been retained to cover the cost of administering the application.

As xxxxxxx was born in the United Kingdom and at the time of their birth neither parent was a British citizen, they have no claim at present to British nationality.

If you want to apply again you will need to pay the full fee, visit: www.gov.uk/apply-renew-passport

Do not reply to this email – it is an automatic message from an unmonitored account.

Please help thank you all in advance

[xavieryves]

On what basis were you applying for your son's passport? What is your Nationality? Did either parent have settled status when your son was born? It seems all reasons for refusal are already given in the email sent to you, unless there is some information you haven't mentioned already.

[contorted_svy]

Did you live/work in the UK continuously from 2006 to 2011 when your son was born?

[contorted_svy]

On what basis were you applying for your son's passport? What is your Nationality? Did either parent have settled status when your son was born? It seems all reasons for refusal are already given in the email sent to you, unless there is some information you haven't mentioned already.

Settled status didn't exist at the time but if a parent exercised treaty rights for 5 years would have been eligible for EEA permanent residence, today considered equivalent to settled status. See this for example

https://the3million.org.uk/faq/wa-permanent-residence

Their child, if born in the UK, being automatically British. See changes made to the Automatic acquisition of British citizenship: caseworker guidance on 21 November 2023.

[Cadani]

yes i was working I sent it my payslips p60 and my employment history from 2006 till 2011

[Cadani]

On what basis were you applying for your son's passport? What is your Nationality? Did either parent have settled status when your son was born? It seems all reasons for refusal are already given in the email sent to you, unless there is some information you haven't mentioned already.

Settled status didn't exist at the time but if a parent exercised treaty rights for 5 years would have been eligible for EEA permanent residence, today considered equivalent to settled status. See this for example

https://the3million.org.uk/faq/wa-permanent-residence

Their child, if born in the UK, being automatically British. See changes made to the Automatic acquisition of British citizenship: caseworker guidance on 21 November 2023.

What is your Nationality? am Netherlands till now i didn't apply for ILR OR settlement that time started working

[contorted_svy]

According to https://www.gov.uk/government/publicati ... accessible you submitted everything you needed to (I assume you included passport/birth certificate). I would raise a complaint if you actually lived and worked in the UK in that time period and sent all correct evidence. Your child is already British from birth.

[alterhase58]

It looks like HMPO have not mentioned "Treaty Rights passport" at all, just a standard basic rejection - best to refer them to the link mentioned above. If calling you need to ask for a senior manager.

[contorted_svy]

Slightly unrelated question - do you have Settled status since the new rules came into force?

[Cadani]

According to https://www.gov.uk/government/publicati ... accessible you submitted everything you needed to (I assume you included passport/birth certificate). I would raise a complaint if you actually lived and worked in the UK in that time period and sent all correct evidence. Your child is already British from birth.

yes i have sent everything passport birth certificate.

[Cadani]

It looks like HMPO have not mentioned "Treaty Rights passport" at all, just a standard basic rejection - best to refer them to the link mentioned above. If calling you need to ask for a senior manager.

I called them but and requested for senior they said the advice they will give me will be the same. am telling am applying under Treaty right passport.

[Cadani]

Slightly unrelated question - do you have Settled status since the new rules came into force?

yes I have settled status

[contorted_svy]

Open a complaint, detail all interactions you have had with them. Call again and ask to speak to a senior caseworker, ask to hear a no from them directly. You are a customer and have a right to be heard. Write to your MP.

[Cadani]

Open a complaint, detail all interactions you have had with them. Call again and ask to speak to a senior caseworker, ask to hear a no from them directly. You are a customer and have a right to be heard. Write to your MP.

Thanks for the help I will do that