British passport refused 3 times. PLEASE HELP

[anniek]

Hi everyone. After spending months reading and researching about the requirements for a British passport and hours spent on the phone to get advice, I am ready to give up. I don't know what else to do.
I am originally from Poland. I came to live in the UK with my mother in 2004 - I was 11 years old. I am now 23 and have been a student ever since I entered the UK. (I am currently at University) My son was born in 2012 which makes him 4 now. I have been trying for the past 4 years to get him a passport and I keep getting refused. He was born in the UK and I have never left this country since 2004. I was refused the first time as they wanted to see I was exercising my treaty rights - I sent them proof of being a student for the past 12 years which they accepted and said it shouldn't be a problem now. Weeks later I get refused. They said I was under 18 and therefore who was providing for me? My mother was of course, so they wanted to see she was exercising her treaty rights for 5 years. My mother has worked in the UK since 2004 (Full time for 3 years then Part time) but because she was also claiming benefits they said she wasnt exercising her treaty rights. She was a single parent and had no other choice otherwise she wouldnt be able to afford rent etc. And thats where it all ends - they said because she was claiming benefits my son is not entitled to a British passport. Only option they have given me is to fill out the MN1 form which costs £960! I can't afford to do this right now but I am desperate for my son to have some sort of identity. I have been in the UK for 12 years and I am settled here - I've worked here (not for 5 years though) Still studying - I see myself as a British citizen. My son was born here and attends school now, we never plan on going to Poland - he hardly even speaks Polish. I just feel like he is stateless and I can't do anything about it. Please can anyone give me some advice, I am so tired of this now. Thanks in advance

(please note there is no father on the birth certificate)

[noajthan]

Very frustrating story.

It seems you have 2 lines of enquiry to progress
1) whether mother has actually acquired PR since 2004.
2) whether you have acquired (or can now acquire) PR in your own right.

I'm not clear that claiming benefits leads to automatic refusal of PR (especially if means-tested).
Was it HMPO who refused on this basis?
- they are not best qualified to judge the case.

What benefits was mother claiming?
What approx % of income did it represent (if you know)?
Was mother paying tax & NI?

You are now an adult and 4 or 5 years in higher education:
Do you hold CSI?
Or a foreign-issued EHIC? (unlikely I know);
Or did you have a RC issued to you as a student in/before 2011?

Suggest working on another claim for confirmation of PR based on mother. And suggest getting PR card for mother too.
In parallel dig into whether/when you have acquired PR as a student (in your own right).

No need to go down the discretionary registration route at this time; although after 10 years living in UK there is an option to do that under 1(4) of BNA.

Don't give up, sooner or later you will become settled with PR - then son will get his passport as that is an entitlement under section 1(3) of BNA.

[anniek]

Hi. Thanks for replying.
I don't think my mother has a PR - the only thing she has is the "Accession State Worker Registration Scheme Registration Cad" which she paid for in 2004.
I assumed PR was for people who needed a VISA in order to stay in the UK? I thought as a EU national I didn't need it?
My mother was claiming housing benefit, child tax credit and child benefit.
She was first working Full time (3 years) then Part time. It was such a long time ago but she says she was receiving whatever they decided she was entitled to once she showed her income and expenditure - 50% we think. she was paying all taxes and ni
What is a CSI sorry?
And no idea what a foreign-issued EHIC is or a RC.
I have been in higher education for nearly 7 years now.

[noajthan]

Hi. Thanks for replying.
I don't think my mother has a PR - the only thing she has is the "Accession State Worker Registration Scheme Registration Cad" which she paid for in 2004.
I assumed PR was for people who needed a VISA in order to stay in the UK? I thought as a EU national I didn't need it?
My mother was claiming housing benefit, child tax credit and child benefit.
She was first working Full time (3 years) then Part time. It was such a long time ago but she says she was receiving whatever they decided she was entitled to once she showed her income and expenditure - 50% we think.
What is a CSI sorry?
And no idea what a foreign-issued EHIC is or a RC.
I have been in higher education for nearly 7 years now.

PR is not a visa it is permanent residence. It applies to EU/EEA nationals & their family members (whether EEA or non-EEA).

It is acquired automatically by anyone who is a qualified person (eg a worker or student);
ie someone who exercises treaty rights continuously for 5 years.

I suspect mother has actually achieved this settled state (PR) and that HMPO were wrong.
That is, if it was HMPO who decided on her case as part of your passport application for your child.
Or did she apply for a PR card (direct to Home Office) and get refused?

fyi - CSI is comprehensive sickness insurance.
Students (& family dependents) need it for the time spent as an adult student to count towards PR.
If no CSI then the PR clock will not be running.

If you've not lived in home country then you are unlikely to have a European Health Insurance card (EHIC).

Have you ever applied for and been issued with a UK-issued residence card or certificate (RC)? (Eg something similar to your mother's card).

[anniek]

I dont think my mother has a PR card - she never applied for one. & yes it was HMPO who refused my sons passport applications.

I never knew about the sickness insurance to be honest but I do have the EHIC card and so does my son - I applied for it online, my mother told me to do it so I did - although I wasnt sure what I would need it for.
& I never applied or been issues with a residency card.
& I have a UK driving licence - isnt that only given to people who have a PR? - or would I be allowed to apply for that card without needing my mother?

Thanks so much

[noajthan]

I dont think my mother has a PR card - she never applied for one. & yes it was HMPO who refused my sons passport applications.

I never knew about the sickness insurance to be honest but I do have the EHIC card and so does my son - I applied for it online, my mother told me to do it so I did - although I wasnt sure what I would need it for.
& I never applied or been issues with a residency card.
& I have a UK driving licence - isnt that only given to people who have a PR? - or would I be allowed to apply for that card without needing my mother?

Thanks so much

I assume you don't need the passport for any emergency it's just a nice to have (& your son's entitlement too!).
So you have time - and you will be able to fix this, step by step.

I suspect HMPO are not fully qualified to determine who has or has not got PR.
That is HO job normally.
So its likely HMPO were wrong about mom's PR.
That means its well worth applying again (firstly for her confirmation of PR).
You could be attached to the application as her dependent (as you were, at the time, an EEA 'child in education').

1st line of attack
Suggest you gather together mother's evidence of work in UK and fill in a PR form for a dry-run and see how it shapes up.
If all well apply for her PR card.
That will help her and may help your case (especially if you get approved at same time as mom).

Here's a PR form to play with:
https://portal.mpsv.cz/eures/podminky/b ... /eea31.pdf
(note you don't legally have to use the latest version - which is now around 100 pages).

2nd prong of attack - your PR status in own right:
If you mean you have a UK-issued EHIC unfortunately that's not enough.

If the EHIC was issued in your home country then that will help a lot as an alternative to you having to have CSI.
That may mean your current carefree university time can count towards your PR clock after all.

[anniek]

Ok, so I will apply for the PR card for both me and my mother and if that goes well we can move forward. Thank you so much for your help, I will do that tomorrow and will keep in touch and update you if that is ok? I appreciate all your help and knowledge. Speak soon hopefully.

[noajthan]

Ok, so I will apply for the PR card for both me and my mother and if that goes well we can move forward. Thank you so much for your help, I will do that tomorrow and will keep in touch and update you if that is ok? I appreciate all your help and knowledge. Speak soon hopefully.

That's fine.

Just chip away at it step by step.
The secret of a good PR application is good documentary supporting evidence so make sure you have as much that is relevant.

Suggest have a few dry runs with a draft form to get it 'just right'.
Then when you do apply make sure you keep copies and scans of all documents (& the form) submitted.

If mother's application looks strong enough then go for that.
Possibly with you included.

Note: choose a valid 5-year period starting sometime in or after 2004 when mother was exercising treaty rights (preferably working full-time) and when you lived with mom and were still aged under 21; (ie you were a minor, in EU terms).
Then you have no need to prove any financial dependency - just your relationship (mother-daughter).

Make sure the 5-year qualifying period that you use ends before your son was born. Then you will have the proof you need that you were already settled in UK (with PR) by the time of his birth.

If mother's application (&/or evidence) is not strong enough then try a dry run of an application in your own right. (Especially if you have a foreign-issued EHIC to cover your time at university - is that the case?).

PR guidance notes here:
https://www.gov.uk/government/uploads/s ... -04_KP.pdf
Note: these are for latest form but will give an idea what's required; obviously some page or section references will have changed.
The point of giving you the previous form is its only 12 pages long, not 100 or so.

If you apply on form I posted for you you will have to pay up-to-date fee, currently £65 each person; (not the 2010 fee!).

WHEN TO APPLY
You may apply at any time after residing here continuously for 5 years in accordance with EEA regulations

Note: getting PR cards will not only help your child achieve his first British passport;
it will also help you if you (or mom) have ambitions for the privilege of citizenship as possession of a PR card is now a mandatory requirement.

You are welcome to keep posting questions here; members (& I) will surely respond as best we can.