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Sending ILR BRP
Posted: Thu Feb 18, 2016 11:00 am
by Viewpoint
Hi All,
We cut up and send the ILR BRP to Home office after the Naturalisation, in case a British passport
is refused for some reason. What to do this situation?
Re: Sending ILR BRP
Posted: Thu Feb 18, 2016 11:07 am
by Casa
Even if the BRP isn't returned to the HO, it is invalid as soon as you have attended your citizenship ceremony, so you wouldn't be able to use it to travel outside of the UK. A passport refusal would be extremely rare.
Re: Sending ILR BRP
Posted: Thu Feb 18, 2016 11:08 am
by ohara
Why do you believe your passport will be refused? Once you have naturalised, you are eligible, so it should not be refused unless you totally mess up the application.
Re: Sending ILR BRP
Posted: Thu Feb 18, 2016 11:14 am
by Viewpoint
Thank you Casa & ohara for your info.
Anyway,it is better to send the ILR BRP to Home Office straightaway. Is that right?
Re: Sending ILR BRP
Posted: Thu Feb 18, 2016 11:16 am
by Casa
Yes, if you want to avoid a £1,000 fine.

Re: Sending ILR BRP
Posted: Thu Feb 18, 2016 11:21 am
by ohara
Of course. It becomes immediately invalid once you become a British citizen. You should probably prepare the envelope now and post it on the day you get your certificate

Re: Sending ILR BRP
Posted: Thu Feb 18, 2016 11:24 am
by Viewpoint
Thanks again Casa & ohara for your suggestions.
Re: Sending ILR BRP
Posted: Thu Feb 18, 2016 9:45 pm
by Richard W
Viewpoint wrote:We cut up and send the ILR BRP to Home office after the Naturalisation, in case a British passport is refused for some reason. What to do this situation?
A British citizen has no right to foreign travel, though except in exceptional circumstances, he may make his way to and from international waters other than via a port.
Re: Sending ILR BRP
Posted: Thu Feb 18, 2016 10:03 pm
by Casa
Richard W wrote:Viewpoint wrote:We cut up and send the ILR BRP to Home office after the Naturalisation, in case a British passport is refused for some reason. What to do this situation?
A British citizen has no right to foreign travel, though except in exceptional circumstances, he may make his way to and from international waters other than via a port.
Do you want to explain that more clearly? The OP isn't referring to foreign travel. They are asking about a possible refusal of a British passport
application.
Re: Sending ILR BRP
Posted: Thu Feb 18, 2016 10:56 pm
by Richard W
A British passport is a privilege, not a right. Passports are granted under the Royal prerogative, and the only right is not to be refused one arbitrarily. This is despite the fact that a British passport or certificate of Right of Abode is the only evidence of right of abode that an Immigration Officer is obliged to entertain. (They are more flexible in practice.) Consequently, a single national British citizen may have no practical document for travel overseas.
The OP was concerned that if he were refused a passport - which could happen if there is a problem with him using multiple variants of his name - he would be unable to travel from the UK and return. Well, tough. That can happen to a single national British citizen. Welcome to the club.
Re: Sending ILR BRP
Posted: Fri Feb 19, 2016 11:48 am
by secret.simon
Firstly, I presume that the question is a hypothetical question in that such a refusal does not appear to have taken place. It is at this point pertinent to ask if the question is entirely within the realm of hypothesis or whether the OP fears an actual rejection and if so, what are the grounds he fears he will be rejected on?
Secondly, a passport is primarily a travel document, not an identity one and as
Richard W has pointed out, there is no absolute right to travel for British nationals.
Thirdly, the UK does not require that if you are a British citizen, you must enter the UK on a British passport, unlike the practice in either the US or Australia, to name but two. To enter the UK as a British citizen, one must convince the Immigration Officer of one's identity (a passport by another country would suffice as would a recently expired British passport) and that one is a British citizen (in a pinch, a naturalisation certificate could possibly be used). The issue that is more likely to arise in the absence of a valid British passport is that Stupid will refuse to allow you to board.
Richard W has correctly pointed out that the issuance of British passports is under the Royal Prerogative. But even the exercise of the Royal Prerogative by ministers is subject to judicial review and hence ministers must have clear guidelines for grounds of refusal to issue passports. This
Written Ministerial Statement from the Home Office spells out what I believe is the current policy on refusal to issue British passports.
The most common reason for refusal to issue a British passport seen on these forums is when the name of the applicant differs between the naturalisation certificate and the foreign passports that they hold (Section 3.1 of the
HMPO Names policy).
As an aside,
Noajthan had pointed out a while ago (about six-eight months) that Canadian law in this field is considerably more developed that British law. Given our common historical bonds, I believe that UK courts would treat Canadian developments in this field as being of persuasive authority.