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WRS - was I exempt? my son's British nationality

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

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nat38
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Argentina

WRS - was I exempt? my son's British nationality

Post by nat38 » Tue Aug 16, 2022 1:18 pm

My son was born in the UK in 2012, and we are now trying to work out whether he needs to be registered or whether he is already a British national.

It's a complicated story, please bear with me

I came to the UK in 1997 on a student visa (extended several times) on a non-EU passport
I acquired an A8 nationality (and passport) in 2000
I worked part time as a student until I graduated in 2003
According to HMRC I have a full year for 2004-2005 but partial for 2003-2004
I started full time work in 2005, but for unknown reasons (!) did not register with the WRS until 2008
I've worked full time since then, and applied and obtained British nationality in 2019

So, re my son's appliaction - what has been said to me is that because of the late WRS registration I did not have the 5 years required to have had settled status when my son was born in 2012. However, I am now wondering if I might have been exempt from registration? How can I work this out and, also, prove it?
I've heard of the requests for personal information - would that help?

Many thanks in advance

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Ticktack
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Posts: 2735
Joined: Wed Mar 23, 2022 10:35 am
United Kingdom

Re: WRS - was I exempt? my son's British nationality

Post by Ticktack » Tue Aug 16, 2022 2:07 pm

nat38 wrote:
Tue Aug 16, 2022 1:18 pm
My son was born in the UK in 2012, and we are now trying to work out whether he needs to be registered or whether he is already a British national.

It's a complicated story, please bear with me

I came to the UK in 1997 on a student visa (extended several times) on a non-EU passport
I acquired an A8 nationality (and passport) in 2000
I worked part time as a student until I graduated in 2003
According to HMRC I have a full year for 2004-2005 but partial for 2003-2004
I started full time work in 2005, but for unknown reasons (!) did not register with the WRS until 2008
I've worked full time since then, and applied and obtained British nationality in 2019

So, re my son's appliaction - what has been said to me is that because of the late WRS registration I did not have the 5 years required to have had settled status when my son was born in 2012. However, I am now wondering if I might have been exempt from registration? How can I work this out and, also, prove it?
I've heard of the requests for personal information - would that help?

Many thanks in advance
Your son would need to be registered as a British Citizen. If you didn't have a sticker visa on your passport that grants you ILR (when he was born), then I'm afraid that you weren't settled when he was born.

Even British Citizens have to prove why their children are entitled to British Citizenship/Passport.

The paper work cannot be escaped.
No sin in failing, you just have to try and try again!

nat38
Newly Registered
Posts: 4
Joined: Tue Aug 16, 2022 11:32 am
Argentina

Re: WRS - was I exempt? my son's British nationality

Post by nat38 » Tue Aug 16, 2022 3:44 pm

Ticktack wrote:
Tue Aug 16, 2022 2:07 pm
Your son would need to be registered as a British Citizen. If you didn't have a sticker visa on your passport that grants you ILR (when he was born), then I'm afraid that you weren't settled when he was born.

Even British Citizens have to prove why their children are entitled to British Citizenship/Passport.

The paper work cannot be escaped.

Thanks for your reply

However, I do not understand why I would have had a sticker visa? I mean, if I had registered in 2005 with the WRS when I started working full time (if I was not exempt), surely I would have been fully settled in 2012 (but without a 'sticker'? I do not think this was a problem for any of the non-A8/A2 European nationals who never bothered with any immigration paperwork before Brexit?

My understanding was that one could still prove settled status even without the formal ILR paperwork.
:-(

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Re: WRS - was I exempt? my son's British nationality

Post by vinny » Tue Aug 16, 2022 3:54 pm

nat38 wrote:
Tue Aug 16, 2022 1:18 pm
So, re my son's appliaction - what has been said to me is that because of the late WRS registration I did not have the 5 years required to have had settled status when my son was born in 2012.
They may be correct.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

nat38
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Posts: 4
Joined: Tue Aug 16, 2022 11:32 am
Argentina

Re: WRS - was I exempt? my son's British nationality

Post by nat38 » Tue Aug 16, 2022 3:59 pm

vinny wrote:
Tue Aug 16, 2022 3:54 pm
nat38 wrote:
Tue Aug 16, 2022 1:18 pm
So, re my son's appliaction - what has been said to me is that because of the late WRS registration I did not have the 5 years required to have had settled status when my son was born in 2012.
They may be correct.
Thank you

How about this:
https://www.gov.uk/hmrc-internal-manual ... l/ccm20120

Sorry I meant to copy the link in my first post but could nto find it

vinny
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Re: WRS - was I exempt? my son's British nationality

Post by vinny » Tue Aug 16, 2022 4:35 pm

According to the examples, perhaps you were exempt?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Re: WRS - was I exempt? my son's British nationality

Post by vinny » Tue Aug 16, 2022 4:43 pm

Try applying for your child’s first British passport?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

nat38
Newly Registered
Posts: 4
Joined: Tue Aug 16, 2022 11:32 am
Argentina

Re: WRS - was I exempt? my son's British nationality

Post by nat38 » Tue Aug 16, 2022 4:53 pm

vinny wrote:
Tue Aug 16, 2022 4:43 pm
Try applying for your child’s first British passport?
Yes, I did try this in 2019 but was refused, although it was clear that there was a lot of confussion around the WRS regulation and my status. When I asked for clarification, the communication stopped. Also, at the time I was not aware that there were exemptions

What would you suggest is the best way to try to find out and/or proove if I was exempt?
Can I call/email the HO? Ask for all my paperwork?

Thanks in advance

vinny
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Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: WRS - was I exempt? my son's British nationality

Post by vinny » Wed Aug 17, 2022 1:37 am

Yes. Try SAR? Check for any deemed PR date.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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