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Passport office and treaty rights

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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dorota1008
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Posts: 1
Joined: Mon May 01, 2017 6:58 pm

Passport office and treaty rights

Post by dorota1008 » Mon May 01, 2017 7:25 pm

I'm EU8 citizen living and working since 2009 in UK. I have son which was born on 23rd of September 2016. I wanted to get some advice regarding documents for him to get a British passport based on exercising my Treaty Rights for 5 years, so I called up to HMPO before he was born. Lady on the phone told me because I'm EU8 national and I didn't register with Worker Registration Scheme between 2009- 30/04/2011 my child won't be automatically eligible for British Citizenship and a passport. After the phone call I made a enquiry/complaint online where they told me I have to email them when my son is born. I send an email after my son was born and after sending them few more emails to remind them to reply, they replied on 22/10/2016 with information that adviser on the phone was right and "This is a separate but mandatory part of the process and is required alongside Treaty Rights evidence of 5 years continuous residence and earnings before the child is born." Also they send me a link to the Treaty Right Policy. In the email was also paste part of the sentence about WRS policy "9.2 In additional to the normal evidence required for children born to EEA nationals on or after 30 April 2006, EU8 countries are required to have met the Worker Registration Scheme (WRS) to be deemed". When I checked recently it wasn't full sentence- "to live in the UK in line with the EEA Regulation for a continues period of 5 years. " this is a second part of this point (9.2 of Treaty Right Policy). In the email I was pointed that if I wouldn't provide this certificate for years 2009- 30/04/2011 there will be no claim. I received another response to my complaint where I was also advised to apply for his British citizenship with Home Office. At this point I gave up and in December I applied for his citizenship with Home Office paying £1000 and I'm still waiting for the decision.
Recently I opened a link which I was send with Treaty Right Policy and read it through. I discovered that I only have to provide Worker Registration Scheme card when I'm relying on a period of work between 01/05/2004 - 30/04/2011 for 5 qualifying years. It is a 9.13 point of Treaty Right Policy. As I'm relying on a period of work 5 years before my son was born it would have been between 22/09/2011- 22/09/2016 where WRS was already lifted. I read through Treat Right Policy many times but I couldn't find anything where it says I have to provide evidence of work before this 5 qualifying years. On what bases they denied me passport for my child then? Am I right in thinking they basically mislead me on purpose or they don't know the Treaty Right policy?

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