Permanent residence card after my baby birth

[Amanda82]

I am Bulgarian nationality, been here from 2010. On 01.11.2016 was issued document certifying permanent residence, and on 01.10.2016 my baby was born. HM passport office refused passport for my child as I cannot prove exercising threaty rights that's what they answered. I am here from 2010, I was self-employed and paying all my NI contributions and taxes, December 2012 I was issued Blue registration certificate and since then I was working as employee until now, with 1 month per year holiday and that was it, have all my P60, payslips, bank statements est. Is that legal they asked only for tax return for year 2011/2012 and after I sent it with letter from Home office that I was issued registration certificate and PR, they returned all my documents with explanation that I cannot provide evidence for exercising threaty rights! I got everything from 2010 so far! What can I do, is there any appeal procedure because I am really upset and I don't think that's fair on my child. Thank you

[noajthan]

I am Bulgarian nationality, been here from 2010. On 01.11.2016 was issued document certifying permanent residence, and on 01.10.2016 my baby was born. HM passport office refused passport for my child as I cannot prove exercising threaty rights that's what they answered. I am here from 2010, I was self-employed and paying all my NI contributions and taxes, December 2012 I was issued Blue registration certificate and since then I was working as employee until now, with 1 month per year holiday and that was it, have all my P60, payslips, bank statements est. Is that legal they asked only for tax return for year 2011/2012 and after I sent it with letter from Home office that I was issued registration certificate and PR, they returned all my documents with explanation that I cannot provide evidence for exercising threaty rights! I got everything from 2010 so far! What can I do, is there any appeal procedure because I am really upset and I don't think that's fair on my child. Thank you

Welcome.

It may not be much consolation but you are not the first and probably won't be the last to face this conundrum.

Did you follow all this HMPO guidance when applying for child's passport
https://www.gov.uk/government/publicati ... plications

When did you submit your application for DCPR (as, presumably, you thought you had acquired PR status by that date).

Obviously the DCPR in itself isn't much help as the date of issue may only confuse a hard-pressed and poorly-trained HMPO caseworker.
And the date of issue is meaningless as you could well have acquired PR years ago.

You could also request a SAR from UKVI to see what your HO CID record says about your date of acquisition of PR:
https://www.gov.uk/government/publicati ... mmigration

[Amanda82]

I submitted my application for DCPR in July 2016, but the documents came in November, almost 5 months waiting time. I have sent everything they wanted but actually they didn't bother to ask much. Requested only tax return for 2011-2012. Thank you for your reply, I will keep fight for my rights.

[noajthan]

I submitted my application for DCPR in July 2016, but the documents came in November, almost 5 months waiting time. I have sent everything they wanted but actually they didn't bother to ask much. Requested only tax return for 2011-2012. Thank you for your reply, I will keep fight for my rights.

Who was asking for this stuff?
Why didn't you just send upfront all that was itemised in the HMPO guidance?

Have you requested the SAR yet?

[Amanda82]

HM passport office asked for my tax return, i have sent everything all my P60s and tax returns, but obviously 2011-2012 wasn't there so I requested it from HMRC. HM passport office explanation for refusing a passport was that I wasn't registered with AWS scheme prior to 2011, and I don't understand why I needed to be registered as I was a self-employed from 2010 to December 2012, in December 2012 was issued blue registration certificate which was giving me permission to work as employee. This certificate was destroyed from Home office as I sent it with the application for DSPR, although Home office sent me a letter, that I was holder of that certificate and the date when it was issued. Still not enough. I will request SAR, hope that helps.

[noajthan]

HM passport office asked for my tax return, i have sent everything all my P60s and tax returns, but obviously 2011-2012 wasn't there so I requested it from HMRC. HM passport office explanation for refusing a passport was that I wasn't registered with AWS scheme prior to 2011, and I don't understand why I needed to be registered as I was a self-employed from 2010 to December 2012, in December 2012 was issued blue registration certificate which was giving me permission to work as employee. This certificate was destroyed from Home office as I sent it with the application for DSPR, although Home office sent me a letter, that I was holder of that certificate and the date when it was issued. Still not enough. I will request SAR, hope that helps.

As you are discovering HMPO staff are not fully up to speed with processing evidence of PR status.

If you mean 'WRS' (?) then yes, WRS did not apply for self-employed - assuming you satisfied HMPO of your self-employed status.
Even if your PR clock only ran from the end of WRS you could still have acquired PR by May 2016 which is still before the birth of your bundle of joy.

Suggest write a cogent letter to HMPO explaining everything and with full reference to EEA Regulations (and WRS rules).
Itemise your timeline of status and activity in UK for every step of the way. Show how it fits in with date of birth.
Hopefully SAR will back your case up too.
Good luck.

[Amanda82]

Yes probably RWS in what they meant, although in their letter is written AWS, probably they don't know what they are talking about. Thank you very much for your reply, I will try everything.

[noajthan]

Yes probably RWS in what they meant, although in their letter is written AWS, probably they don't know what they are talking about. Thank you very much for your reply, I will try everything.

Ah, my mistake, just noticed you are Bulgarian so the context is AWS for A2 nationals and not WRS (for A8 nationals).

Anyway you can check the rules for AWS that applied back in the day and make sure you were compliant as per your circumstances at the time.

EU2 nationals who were self-employed, self-sufficient or students
The Accession Treaty does not allow member states to interfere with the right of EU2 nationals to exercise free movement rights as self-employed or self-sufficient persons, or as students

https://www.gov.uk/government/uploads/s ... _clean.pdf

[maraca]

My husband applied for permanent residence card in the uk, as he has been living here for more than 10 years but he summited papers for the last 5. He is polish, paying taxes and own an LTD xcompany. I applied for the residence card, both applications were made on december 2016, before our baby was born but Home Office replay after he was born, and summited both cards, residence card and permanent residence card on may 31st. Question: is our baby considerer born as british? To apply for his british passport should we send permanente residence card and residence card with the application? or all papers we sent before to hOME Office?