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Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix
I guess it is similar to returning old driving license after getting new one in the post. Rarely enforced, but why risk it? BRP/ILR is invalid for travel after obtaining the certificate of naturalisation.Forest2thirds wrote: ↑Tue Feb 20, 2018 1:03 pmDoes anyone know the source of the law (chapters and verses) which imposes the legal requirement for return of the BRP and the power to impose the £1,000 fine?
True, but there are other reasons to hold on to the BRP. For instance, children born in the UK while a parent held ILR derive their British citizenship automatically on that basis. But they could face issues at passport renewal time if required to prove that their parents held ILR at the time of their birth. The Home Office periodically deletes information in accordance with the Data Protection Act and hence it would be up to the individual and their parent to prove that the parent held ILR.
Not absolutely certain, but likely Section 7(F) of the British Nationality (General) Regulations 2003, as inserted by the British Nationality (General) (Amendment) Regulations 2015.Forest2thirds wrote: ↑Tue Feb 20, 2018 1:03 pmDoes anyone know the source of the law (chapters and verses) which imposes the legal requirement for return of the BRP and the power to impose the £1,000 fine?
The BRP, like most identity documents issued by a government, is the property of the government issuing it (for instance,a US passport is the property of the US government, not the person named on the passport) and they can ask for it back.Destruction of biometric information
7F.—(1) The Secretary of State must take all reasonable steps to ensure that biometric information held by the Secretary of State by virtue of these Regulations, including any copies, is destroyed if the Secretary of State—
(a)no longer thinks that it is necessary to retain the information for use as mentioned in regulation 7E(1); or
(b)subject to the exception in paragraph (2), is satisfied that the person to whom the information relates is a British citizen, or a Commonwealth citizen who has a right of abode in the United Kingdom as a result of section 2(1)(b) of the Immigration Act 1971.
(2) The exception is that photographs of a person who is registered or naturalised as a British citizen may be retained until the person is issued with a United Kingdom passport describing the person as a British citizen.
The British Nationality (General) (Amendment) Regulations 2015 wrote:Use and retention of biometric information
7E.—(1) Biometric information provided in accordance with these Regulations may be retained only if the Secretary of State thinks that it is necessary to retain it for use in connection with—
(a)the exercise of a function by virtue of the Immigration Acts; or
(b)the exercise of a function in relation to nationality.
1Acquisition by birth or adoption
(1)A person born in the United Kingdom after commencement shall be a British citizen if at the time of the birth his father or mother is—
(a)a British citizen; or
(b)settled in the United Kingdom.
Interesting. I had not thought of that angle.vinny wrote: ↑Tue Feb 20, 2018 11:41 pmWould the exercise of a function in relation to child’s nationality under Section 1(1)(b) apply?The British Nationality (General) (Amendment) Regulations 2015 wrote:Use and retention of biometric information
7E.—(1) Biometric information provided in accordance with these Regulations may be retained only if the Secretary of State thinks that it is necessary to retain it for use in connection with—
(a)the exercise of a function by virtue of the Immigration Acts; or
(b)the exercise of a function in relation to nationality.
1Acquisition by birth or adoption
(1)A person born in the United Kingdom after commencement shall be a British citizen if at the time of the birth his father or mother is—
(a)a British citizen; or
(b)settled in the United Kingdom.
What documents to send with your application
...
proof that your child has British nationality (for example a British registration certificate, parent’s passport details or parent’s birth certificates)
You must send original documents or official copies of certificates. Photocopies aren’t accepted, even ‘certified copies’.
None have been reported by any of the forum members.Forest2thirds wrote: ↑Thu Feb 22, 2018 4:54 pmPerhaps to paraphrase my question: has anyone received such warning notice after failing to return the BRP or been issued a fine without any advance warning?
Considering the recent Windrush scandal. Is there reason to not return it?