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British Passport Application - Baby Born in UK



I don't know if it's just me, but I always seem to have problems with the Home Office. I have applied 5 times for different things, and only 2 of those applications had been dealt with without a problem/complaint coming up! It is a long story though, and I'll not trouble you with it.

My most recent "problem" with the Home Office is my son's application for a British passport. I am from Greece, and I have been living here since 1995. During that period I have always been employed, on a part time basis while studying, and after graduating, I have been working full time. I have also applied for permanent residence in 2002 which I got.

I gave birth to my second son in March this year, and I wanted to apply for him to get a British Passport. My first son who was born here in 2006 got his straight away, so I didn't anticipate any problems. Apparently the rules had changed since then, and for my son to have a claim to British nationality. I didn't see a problem with me proving that I have been exercising treaty rights here, so I didn't worry too much. I got the passport application, but there was no information as to what documents I had to provide that proved that my son is eligible for nationaity. I called the helpline number from the application, and they asked me to send alongside the completed application my passport and letters from my employers proving that I have been employed for 5 years before my son's birth.

My passport was with the Home Office for my husband's ILR application, so I had to ask them to process it faster so that I could then apply for my son's passport. The IND decided to send us our passports back, which I think will now delay my husband's application, because we applied in November and still haven't got it. Anyway, that is not the issue at hand. After I got my passport, and the letters from my employers, I sent the application using the Post Office's "check and send" service, to ensure that no mistakes had been made. You can imagine my surpice when 2 weeks later, on the 3rd of June we received a letter saying that I neede to prove to them that I exerciced treaty rights for the 5 years before my son's birth, and as proof they required:

  • A letter confirming this from the Home Office IND
  • A statement from the Department of Work and Pensions. or
  • A statement from the Inland revenue (now known as HMRC)
From the wording of the letter I figured that I needed the IND letter and one of the following two, but many calls later and me crying on the phone to them, they explained that they needed one of the above. So I called the HMRC and requested a letter confirming my work history for the last 5 years, which I received on Friday, and send it to the passport office straight away.

Today I called them to ask if everything was now ok, and guess what? Apparently the letter only covers my work history from April 2003, but my son was born on the 18 of March, so for less than two weeks which are not covered in the HMRC letter (even though on the original letters from my employers I cover my work history from 1998 to date) they want me to get ANOTHER letter from the HMRC.

I called the HMRC to request another letter, and they have just changed their procedures, so I can only get the letter by requesting it in writting, and it could take a couple of weeks. Then it might take another week to get everything back, so smething that shouls have taken 2-4 weeks if they had originally asked me for the correct paperwork, is going to take a couple of months, if not longer.

And after this long introduction, here comes my question, do they have the right to ask for specific proof of exercising treaty rights? The IND is usually satisfied with letters from employers, why do they want different proof? Both my employers are big, well know companies, and the letters are originals, formal, on letter headed paper with details of people to contact should anyone need to prove the authenticity of the letter.

Also, to save some time, I coud get a letter from my university, as I was registered on a full time course that period, is that proof of treaty rights?

Thank you if you got that far...

All advice would be much appreciated >>.

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Disclaimer: The views expressed in this article are the author's and not necessarily those of UKresident.com or any entity associated with UKresident.com. This article is not checked for accuracy by any qualified immigration consultant or solicitor either represented on this site or otherwise. We will not be legally responsible for any statement made in this article. If you're going through the UK immigration process we strongly advise that you appoint a UK immigration consultant or immigration solicitor to deal with your case.

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