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Exemption from returning the BRP

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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longgapilr
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Exemption from returning the BRP

Post by longgapilr » Tue Oct 30, 2018 5:40 pm

I've read somewhere that a parent is allowed to keep his original ILR BRP card (i.e. not post it back to the Home Office within 5 days of the citizenship ceremony) if he has a non-British child because the parent's original BRP card must be submitted to the Home Office when applying for the child's naturalisation. I have a non-UK born non-British son who has the ILR. We will apply for his naturalisation soon.

Could you please advise if this is correct?

If yes, could you please share the details (link)?

Do I have to notify the Home Office that I will not be returning the BRP card? If yes, how do I notify them? Call, email, post a letter?

If I can keep the BRP card, can I then subsequently use it to enter the UK as well (i.e. until I get the British passport)?

secret.simon
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Re: Exemption from returning the BRP

Post by secret.simon » Tue Oct 30, 2018 6:18 pm

Vinny makes an argument for BRP retention in case a child's citizenship is based on the parent's ILR. But there is no official/Home Office document that states so.

Also, if you make a child passport application and enclose the BRP, it is not inconceivable for the Home Office to destroy the BRP at that point. It has happened when a naturalised British citizen tried to enter the UK with his ILR BRP and had the BRP taken away at the airport.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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CR001
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Re: Exemption from returning the BRP

Post by CR001 » Tue Oct 30, 2018 6:20 pm

secret.simon wrote:
Tue Oct 30, 2018 6:18 pm
Vinny makes an argument for BRP retention in case a child's citizenship is based on the parent's ILR. But there is no official/Home Office document that states so.

Also, if you make a child passport application and enclose the BRP, it is not inconceivable for the Home Office to destroy the BRP at that point. It has happened when a naturalised British citizen tried to enter the UK with his ILR BRP and had the BRP taken away at the airport.
Relevant to a UK born child. Ops child is born abroad and holds ILR.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

secret.simon
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Re: Exemption from returning the BRP

Post by secret.simon » Tue Oct 30, 2018 11:13 pm

CR001 wrote:
Tue Oct 30, 2018 6:20 pm
Relevant to a UK born child. Ops child is born abroad and holds ILR.
Apologies. From the tone of the question, I assumed that the child acquires his citizenship from the ILR BRP.

As mentioned earlier, there is no official Home office guidance on when not to return a BRP. But I have not yet heard of a person getting fined for not returning the BRP.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

longgapilr
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Joined: Tue Feb 28, 2017 12:34 pm

Re: Exemption from returning the BRP

Post by longgapilr » Wed Oct 31, 2018 4:35 pm

Do I have to submit my original ILR BRP card with my child's naturalisation application?

My child is a non-UK born and non-British. He already has an ILR.

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CR001
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Re: Exemption from returning the BRP

Post by CR001 » Wed Oct 31, 2018 6:31 pm

longgapilr wrote:
Wed Oct 31, 2018 4:35 pm
Do I have to submit my original ILR BRP card with my child's naturalisation application?

My child is a non-UK born and non-British. He already has an ILR.
No, your child submits their own brp card showing they have ILR.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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