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Regarding child's nationality, settled status.


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#11 Arohemq

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Posted 28 April 2008 - 03:55 PM

Meanwhile, I've managed to cancel my application for Settled status in order that all my original documents be returned to me [P60s, Pt passport etc].
Except, the Home Office have mislaid them.
"No sir, they are kept in a secure place. We just don't know exactly where they are."
Okayyyyyyyyyyy, that reassured me. Official reception of my application sent on the 07/03/08 was 26/03/08, cancellation was faxed 31/03/08. Arrival of letter confirming reception of my application 01/04/08.
A follow up telephone call confirmed that they have initiated the cancellation of the application. i.e confirmed reception of fax.
Further follow up calls requesting updates have been futile since they don't know where my documents are.

So, alternatives...
HM Revenue & Customs stated they can send me a letter confirming what they have for me on their files (i.e. last 5 years) but I won't quite get duplicate P60s sent. [letter hasn't arrived yet]
In order to still apply for a British passport for my daughter, the passport office have confirmed that my Portuguese national ID can be used to identify myself; that they will recognise the letter from HM R&C if I could provide copies of the scans that I had made of my P60s before I sent them with EEA3 application; and so long as I also provide a letter stating I have not received benefits in the last 5 years.

*sigh*



#12 JAJ

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Posted 28 April 2008 - 11:27 PM

Meanwhile, I've managed to cancel my application for Settled status in order that all my original documents be returned to me [P60s, Pt passport etc].
Except, the Home Office have mislaid them.
"No sir, they are kept in a secure place. We just don't know exactly where they are."
Okayyyyyyyyyyy, that reassured me. Official reception of my application sent on the 07/03/08 was 26/03/08, cancellation was faxed 31/03/08. Arrival of letter confirming reception of my application 01/04/08.
A follow up telephone call confirmed that they have initiated the cancellation of the application. i.e confirmed reception of fax.
Further follow up calls requesting updates have been futile since they don't know where my documents are.


You didn't need to cancel your application, incidentally. It is acceptable for EEA applications to ask for your documentation back without withdrawing the whole application.

Maybe ask them if they can continue to consider it as normal, after all. Maybe they will find the documentation that way?

(I regularly warn people to operate on the assumption that their documentation has a reasonable risk of being lost, and also that government records of things like PR/citizenship/passports can also get "lost")

#13 Arohemq

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Posted 14 May 2008 - 12:05 PM

You didn't need to cancel your application, incidentally. It is acceptable for EEA applications to ask for your documentation back without withdrawing the whole application.
Maybe ask them if they can continue to consider it as normal, after all. Maybe they will find the documentation that way?
(I regularly warn people to operate on the assumption that their documentation has a reasonable risk of being lost, and also that government records of things like PR/citizenship/passports can also get "lost")


Unfortunately, the cancellation had been accepted and I could not continue with the application. Meanwhile, they returned my passport via Securemail. This company sat on my passport package for 8 days. I rang the Passport Services (PS) enquiring about progress on the 8th of May. PS stated that they had handed it over to Securemail on the 1st. They in turn claimed they had sent me 2 letters warning me they had a package for me (? eh? No such letters, of course. And why send letters, why not attempt to deliver first?). I arranged for passport to be delivered the next day, the 9th. The next day a letter (dated the day I rang Securemail) arrived stating they had a secure package for me. A few hours later the actual package arrived. *sigh*

However, only my passport, no P60s. I rang PS inquiring about my other documentation. Apologies and they will be returned to me within 10 working days.*SIGH*

At any rate, armed with my latest original P60 for the last tax year which arrived recently; plus a letter from HM Revenue & Customs listing earnings & contributions for previous 5 years; plus a cover letter where I state & confirm I have not received any state benefits for the previous 5 years and provide my employer's details[PS suggested this letter be included], I have now sent in for the passport application today using the "check & send" service from the Post Office.
On Monday they suggested that my referee should not have written my last name out of the white block bounds (I have a very long name) so I tried again Tuesday with newly signed application duly corrected. This time a different person baulked at the fact my wife wasn't sending in her passport (eligibility is through me only and I provided certified copy of my marriage certificate).
After confirming with the PS that I can send the application in so long as the marriage certificate is included, I finally managed to send it off today, Wednesday.
I await to see what further pitfalls lie in store for me.

#14 Arohemq

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Posted 23 May 2008 - 10:21 AM

Latest update and FYI as a curiosity in your advice for others with a background similar to mine...
(.i.e. non-EU-foreign-born EU nationals. Because there are soooo many of us out there. Ahem)

Re: My daughter's passport application. Now pending:
Received today: Request from the passport office for my previous EU (Portuguese) passport(s) that show I was an EU (Portuguese) national in the five years prior to my daughter's birth.
This is because my current Portuguese passport is less than 5 years old and the fact that I was born in South Africa.
*sigh*
It's not a problem; I have the last three passports so I shall send the last one off today still.
But it is a further delay and one that took me by surprise but it is also ...dare I say, reasonable? I should have anticipated it?

Meanwhile, yesterday I received all my other documents (P60s etc) from my withdrawn EEA3 application. Within the 10 working days they promised the 2nd time round! I almost celebrated.

Meanwhile, on the 20th the Pt consulate gave me a date for registering my daughter's birth at their London consulate: Aug 21st. The application for passport can be done after I apply for her national ID, which can be applied for after I register her birth. This should be in the year 2063 at this rate.
I almost cried.
*seriously thinking about renouncing Pt citizenship*

In the race for a passport, it looks like it's still the British in the lead...
The South Africans weren't considered, the Austrians are a non-starter, the Portuguese languish, the British hic-up along but are still odds-on favourite.

#15 aniccas

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Posted 27 May 2008 - 02:15 PM

[quote name='Arohemq' date='May 23 2008, 11:14 AM' post='141233']

Hello Arohemq,
Reading your last entry and because I had a similar situation (needing passport british or portuguese...) some info that may help you:

As my son was born this year he was entitled as yours to be bristish by birth I do NOT have british nationality.

I went straight to the passport office in london to arrange the british passport for my son and after a few hurdles i did manage to have a passport for him within one week.
What was needed to do:
Application for passport (you can pick you from any post office - and there will be notes regarding children born after 2006...)
All support documents : P60's and employers letters etc...confirming you have been in the uk for the last 5 years - EU treaty
I did not envolved the HO for anything on this process.

As for the portuguese my son for the moment doesn't have as it would take me an appointment only in september to register and sometime in the future for the passport/ID card so for the moment I gave up!

Good Luck!

#16 Arohemq

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Posted 30 May 2008 - 09:51 AM

[quote name='aniccas' date='May 27 2008, 03:08 PM' post='142091']
Ola Aniccas,

...should have...could have ;-)
Alas, my delays are largely self-inflicted because I did not arm myself with the correct information straight off.
When my wife and I read your thread a few weeks ago, we considered driving into London to take care of things personally once we had my documents back.
Unfortunately, I wasn't able to take a day off anytime soon (unless I pulled a sickie ;-) ) and because we still had a couple months leeway (we only need to be in Austria in August), we thought we could afford to chance applying using the post office's check & send service.

If I knew what I know today, it would have taken me 2-3 weeks way back in January. Instead I thought I would get the Portuguese passport first and the British second. I first kicked off the Pt route Jan 16th, 20 days after my daughter's birth. If I had to describe here the hoops I've had to jump through between the Lisbon central archives and Pt consulate, it would take a few pages and I would bore you needlessly. ;-)
Two months later I started the UK route but off on the wrong foot (read above!).

The Portuguese passport is a luxury I can now afford not to worry about so I'm not too fussed about them jerking me around. Compared to the Portuguese consular services I have used in the Netherlands, South Africa and London, London's consulate is the worst in arrogance, poor service and sheer bloody-mindedness. The British red-tape is several shades lighter in comparison. ;)
Thanks for your reply though. I hope others learn from it. Obrigado. :)

While typing this up I thought of checking up on the application...
I just spoke with the case officer handling my daughter's passport and she was happy with the expired passport I had sent through. My daughter's passport was issued on the 28th!

It's on its way! :thumbup: And she's British. ;)

Our travels shall be interesting: I travel with a Portuguese passport, my wife on an Austrian and my daughter on a British one. I foresee many explanations at border posts :blink:

Vinny/ JAJ: Thanks for your support!

My wife is saying we shouldn't celebrate until we have it in our hands :unsure:

#17 JAJ

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Posted 31 May 2008 - 03:01 AM

Our travels shall be interesting: I travel with a Portuguese passport, my wife on an Austrian and my daughter on a British one. I foresee many explanations at border posts :blink:

Vinny/ JAJ: Thanks for your support!



Good to hear you finally convinced the Passport Office to issue a passport for the child. Keep it in a safe place in the long term, ie when it's expired, as it may come in useful at a later date.

Probably still worth getting her a Portuguese passport, even though there's no real urgency now.

Have you thought about becoming British yourself, which would resolve at least some of the issues with travel together?

#18 aniccas

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Posted 02 June 2008 - 08:57 AM

[quote name='Arohemq' date='May 30 2008, 10:44 AM' post='142815']
[
Congrats Arohemq!
Yes it will be interesting travelling with 3 different passports! I'm travelling with british and portuguese but you hold a record!

And yes the PT consulate is terrible in London (had bad press in PT but nothing done yet...), as for me it was quicker to get the british passport for my son than registering
for portuguese nationality! Oh well... as the portuguese law stands descendants of portuguese mother or father can always at any point of their lives request portuguese nationality so one day... and maybe when PT consulate gets it's act together...


Good Luck!!!

#19 memed_uk

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Posted 06 June 2008 - 03:37 PM

Hi,

My daughter was born in the UK last December and I have a query regarding her right to British nationality.
I'm Portuguese and have been exercising Treaty Rights of Residence in the UK since June 1999 while my wife is Austrian and exercising Treaty Rights of Residence since February 2005. We're married in the UK in Sept 2006.
Neither my wife nor I have Settled Status or British citizenship.

I've just completed form EEA3 to officially obtain "Settled Status" for myself only as I believe that this will then allow my daughter to obtain British nationality. As I understand it, she isn't automatically British unless one of the parents has settled status. Am I wrong to believe this?

Should I have been with "Settled Status" before my daughter was born?

Thanks!


Hello,
This might be a late reply, but I just saw this today.
I am German Citizen living & working in the UK since 1999. I got my IRL under EEA law on 2003 (Then for EEA
would get IRL in 4-years). I also got a letter from IND confirming my ILR and also a section about any child born
to me would get an automatic Brititsh Nationality.
Note: A child born to a non-UK national, will become automatic british citizen if minimum one of the parents
hold an ILR (or PR).

This was my case. My wife is non-EEA, and our child was born on March 2006. She got automatic british
citizenship. After three weeks of her birth, I applied for her passport. Which she got in two weeks :-).
I needed as supporting docs, Full Birth Certificate, my German passport with IRL stamp on it (I also sent,
just in case, my IRL confirm letter)...bingo, passport was there in two weeks :-)

Now, the EEA law changed abit, as a EEA citizen, you automaticaly get IRL after exersising your treaty for
5 years (prove of P60). You do not need letter from HO or any EEA3 application (Note EEA3 application
is cosmetic, its just an endorsment on your passport to say you have no-limit stay in UK).
So, if your child was born after 5-years stay and work in the UK, then she is automaticaly British.

So, since you have applied for her UK passport and the ISP requested your PT passport, then this is a good
thing. IPS just want to see if you have worked under EEA law for at least 5 years. Also the last
5 years of P60 is VERY important.

Good luck

Memed

#20 dellboyz

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Posted 11 June 2008 - 09:42 PM

Hello,
This might be a late reply, but I just saw this today.
I am German Citizen living & working in the UK since 1999. I got my IRL under EEA law on 2003 (Then for EEA
would get IRL in 4-years). I also got a letter from IND confirming my ILR and also a section about any child born
to me would get an automatic Brititsh Nationality.
Note: A child born to a non-UK national, will become automatic british citizen if minimum one of the parents
hold an ILR (or PR).

This was my case. My wife is non-EEA, and our child was born on March 2006. She got automatic british
citizenship. After three weeks of her birth, I applied for her passport. Which she got in two weeks :-).
I needed as supporting docs, Full Birth Certificate, my German passport with IRL stamp on it (I also sent,
just in case, my IRL confirm letter)...bingo, passport was there in two weeks :-)

Now, the EEA law changed abit, as a EEA citizen, you automaticaly get IRL after exersising your treaty for
5 years (prove of P60). You do not need letter from HO or any EEA3 application (Note EEA3 application
is cosmetic, its just an endorsment on your passport to say you have no-limit stay in UK).
So, if your child was born after 5-years stay and work in the UK, then she is automaticaly British.

So, since you have applied for her UK passport and the ISP requested your PT passport, then this is a good
thing. IPS just want to see if you have worked under EEA law for at least 5 years. Also the last
5 years of P60 is VERY important.

Good luck

Memed



Not necessarily P60s for the last 5 years. My wife was 2 years student + 3 years worker. For the first two years, the IPS accepted letter from Uni and bank statements showing that she was self sufficient, i.e. receiving enough funds from parents to live and study without using public funds. For the three years spent as a worker, the P60s and the payslips of the last year were adequate. Son got his british passport with little hassle.




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