Passport for a Child of a EEA Citizen - being asked for WRS

[zenon1351]

Hi there,

Quick question and any advice you could give me would be much appreciated.

I'm a naturalised British Citizen as of 2017. My daughter who was born in 2013 had automatically acquired British Citizenship since I was settled in the UK at the point of her birth (I still hold a valid WRS & P60's to prove that).

I have recently applied for her passport renewal, however I was asked to provide additional information (not mentioned anywhere in the passport app guidance doc). Documents I'm being asked for are WRS of mother & 12 months of payslips or P60 for the period of at least 5 years before our daughter was born. I'm totally confused as to why are they asking for mother's details rather than any parent (??)

Wife and I hold all the documents they've listed, however I have replied to HMPO refusing to provide originals and sent a photocopies instead.

I think this is absolutely unacceptable to ask EEA citizens to prove that their child has automatically acquired British Citizenship by providing the only original of WRS & 12 payslips, especially when we know if that ever gets lost then no duplicates can be issued since the scheme has now ceased. As far as I'm aware they also don't accept certified or notarized copy.

Will the Citizenship of my daughter always depend on her father’s only original copy of WRS and 12 months’ payslips or P60?? Should I buy a safe to keep it in, because it seems like this is the only way to prove her "automatically acquired" British citizenship going forward..

Does anyone know of any other way of registering a child, other than paying HO c.£900 for something that apparently should have automatically been acquired, and to avid her being dependant on her father's WRS and 12 payslips (!!) for the rest of her life ?

I find it absolutely shocking that HMPO can't just prove WRS validity, PR statuses etc. themselves via government systems and that for each application you either sent to HMPO or HO you're constantly being asked to provide the originals of the documents that you would imagine, should have been securely stored at the point of being issued.. or even at the point of when I first applied for my daughters first passport, or PR status, as both HMPO & HO have already seen original of that WRS document. Surely this must be a security concern.

Thanks in advance for your advice on how would you suggest proving that Automatic Acquisition of British Citizenship by a child of an EEA citizen.

[JAJ]

I'm a naturalised British Citizen as of 2017. My daughter who was born in 2013 had automatically acquired British Citizenship since I was settled in the UK at the point of her birth (I still hold a valid WRS & P60's to prove that).

I have recently applied for her passport renewal, however I was asked to provide additional information (not mentioned anywhere in the passport app guidance doc). Documents I'm being asked for are WRS of mother & 12 months of payslips or P60 for the period of at least 5 years before she was born. I'm totally confused as to why are they asking for mother's details rather than any parent (??)

Wife and I hold all the documents they've listed, however I have replied to HMPO refusing to provide originals and sent a photocopies instead.

I think what happened is that some years ago (in at least a few cases), they issued British passports to U.K. born children of A8-EEA nationals without requesting evidence that parents had complied with WRS requirements. Now it seems they are asking for this documentation without going back to look at their own records.

I think this is absolutely unacceptable to ask EEA citizens to prove that their child has automatically acquired British Citizenship by providing the only original of WRS & 12 payslips, especially when we know if that ever gets lost then no duplicates can be issued since the scheme has now ceased. As far as I'm aware they also don't accept certified or notarized copy.

If this documentation was provided when the child's first passport application was made, you are correct to push back on this request and if you continue to have problems, it would be recommended to contact your Member of Parliament.

Will the Citizenship of my daughter always depend on her father’s only original copy of WRS and 12 months’ payslips or P60?? Should I buy a safe to keep it in, because it seems like this is the only way to prove her "automatically acquired" British citizenship going forward..

Does anyone know of any other way of registering a child, other than paying HO c.£900 for something that apparently should have automatically been acquired, and to avid her being dependant on her father's WRS and 12 payslips (!!) for the rest of her life ?

There is also the option of using form NS to register her details directly with the Home Office.
https://www.gov.uk/government/publicati ... us-form-ns

Technically, this is for cases where the citizenship claim is too complex for the Passport Office- although it seems that in a large number of situations, having a stand-alone Home Office document that can take the Passport Office out of the process of determining British citizenship is a benefit.

That said- even with such a document- it would be recommended to keep the supporting evidence (WRS document, your passports, P60s, PR Cards, etc.) permanently. Also- keep a British passport valid and do not throw away expired passports.

I find it absolutely shocking that HMPO can't just prove WRS validity, PR statuses etc. themselves via government systems and that for each application you either sent to HMPO or HO you're constantly being asked to provide the originals of the documents that you would imagine, should have been securely stored at the point of being issued.. or even at the point of when I first applied for my daughters first passport, or PR status, as both HMPO & HO have already seen original of that WRS document. Surely this must be a security concern.

If the Home Office lose records (which has happened), individuals lose their claims to ILR/British citizenship if they cannot independently prove it. It is unacceptable. Other government departments- HMRC, DVLA, etc. have at least an equivalent burden of record keeping without a fraction of the concerns over lost records.

[secret.simon]

Will the Citizenship of my daughter always depend on her father’s only original copy of WRS and 12 months’ payslips or P60?? Should I buy a safe to keep it in, because it seems like this is the only way to prove her "automatically acquired" British citizenship going forward..

The problem with "automatically acquired" citizenship is precisely that it is impossible to verify later on by reference to a single piece of documentation. A person who has been naturalised or registered can always produce a naturalisation or registration certificate that specifically grants them citizenship.

There is no central definitive citizenship database and citizenship must be proven by the applicant when requested. Even a British passport is only prima facie proof of British citizenship and the person can be asked to prove again that they are British citizens.

As JAJ has suggested, you can apply on a Form NS to confirm the British citizenship of your child. But even that, like their passport, is only prima facie proof. The only definitive proof is your child's birth certificate and your WRS certificate and P60s.

If it makes you feel any better, the situation is even worse for non-EEA citizens whose children are born in the UK while they (the parents) are on ILR (the non-EEA equivalent of PR). They are required by law to destroy proof of their ILR on acquiring British citizenship themselves. This means effectively destroying the only proof of their child having automatically acquired British citizenship.

The Home Office and other government departments are also required to destroy data records that are not required for pending applications. They periodically review the data it has and destroy that which will not be required for their processing in the future. That is why it would be very prudent for you to retain all documentation that you have ever submitted to the Home Office.

Read the Home Office Personal Information Charter. Details for more information are towards the bottom. You may wish to contact them for more details of their data and information retention policy.

[thsths]

There is no central definitive citizenship database and citizenship must be proven by the applicant when requested. Even a British passport is only prima facie proof of British citizenship and the person can be asked to prove again that they are British citizens.

Yes, of course a passport can be issued wrongly, and there could be a dispute. However, what is annoying about this case is the attitude of the passport office: they have not provided a shred of evidence that would put the question of citizenship in doubt. Unless they have a good reason otherwise, they should accept the passport as evidence of citizenship, just like everybody else does.

That being said, if the OP still has the evidence, I would take copies, complain to the MP, and send them the evidence. It is quite unlikely that they will lose it, and at least there is a paper trail.

[zenon1351]

Hi all,

Thank you very much for your replies.

I think I will visit a local solicitor to obtain a certified copy of my WRS document. This of course won't be accepted by HMPO, however it will leave me in a slightly better position in case they loose the original that I'm probably gonna have to send to them anyway if I want my daughter's passport to be renewed.

I now started to doubt myself a little bit whether I have sent WRS with the first application, but initialy it was just obvious to me that I've provided that with 1st application. P60s were 100% there and they're still asking for them.. Unfortunatelly, I've never kept a note of the documents sent with daughters first passport app, but I still believe WRS was within that documentation. Maybe due to slight doubt I won't be contacting MP just now, but do you think they can step in and can support me in case HMPO don't send back / loose the WRS or payslips which are the only proof of my daughter's British citizenship?

I also have a copy of an email from a gentleman that was processing my EEA Permanent Residence confirming I've acquired permanent residence in 2011 - 2 yrs before my daughter was born.

I also hold an extract fom Fast Track SAR where one of the pages clearly states my WRS was valid when checked at the time of PR application and again, it mentiones the date of acquiring perm residence.

I have posted both along with photocopies of WRS and P60's and explained I'm not willing to provide original WRS certificate and this is all I currently hold.

The only issue is, these are black and white copies & email home printouts, so I would assume these will get declined, although if the staff at HMPO could actually go an extra mile (e.g. speak to the guy in HO that was corresponding with me via email and confirmed my PR date) and are not bound by strict rules of accepting only WRS & P60's then that would work.. wishfull thinking I guess and probably will end up sending my only originals anyway..

I will phone them early next week to check if there's been any progress and in the meantime I will obtain certified copy of WRS - this is for my own piece of mind as I trust it would always be more trustworthy than a photocopy.

I will keep you posted.

thanks again.

[JAJ]

I think it would still be worth sending copies of the correspondence from the Passport Office to your Member of Parliament and request that he or she write to the relevant Home Office Minister to understand how your British daughter can have an assurance that her British citizenship is secure and will not need to be re-evidenced every few years.

[zenon1351]

I think it would still be worth sending copies of the correspondence from the Passport Office to your Member of Parliament and request that he or she write to the relevant Home Office Minister to understand how your British daughter can have an assurance that her British citizenship is secure and will not need to be re-evidenced every few years.

Excellent, thank you for helping me with wording. I will definitely be sending her an email today then, just wasn't sure how to best describe it but the above is spot on.

[zenon1351]

Hi all,

A quick update for anyone interested in this topic.

HMPO have issued passport based on the photocopies of the wrs & p60's and the letter explaning that I don't currently hold originals. I have also attached a printed copy of the SAR document and an email from the case worker that processed my PR application back in 2016 confirming that I've acquired PR status back in 2011.

Moreover, I've also raised with local MP and will carry on to resolve queries around my daughter's eligibility to the British citizenship once for all.

Thanks for your help guys.