Passport Application (First Time) - Proof of ILR

[jedi900]

Hello All

I am in a bit of a predicament of my own making it seems.

My wife and I got citizenship last year Mine was around July and my wife was around November.
Our son was born in June a month before I got my citizenship.

Now we didnt apply for my sons passport straight away, we had no plans to travel for at least a year and with everything going on we said we would do it the following year. Unfortunately its April 2024 now and we submitted out applications together and we have been asked for our son (who is 10 months) to submit the ILR BRP for both myself and wife or a home office letter to prove we had ILR when he was born. I'm not sure why given we couldn't become citizen without ILR.

Now the problem is I'm not sure what home office letter they are talking about I cant seem to find anything that came from passport office via mail (although i am still searching). I think we only got notified via email that is was successful and to attend a ceremony for which we would get a separate email. But I dont think emails are accepted at proof.

Now the big problem is we forgot to hand in our BRPs but we were supposed to send them back. If i do send the OLD BRP to passport office they might fine us and if we dont and we cant find a home office letter that is not an email then I dont know how we can prove we had ILR.

So now we are kind of stuck. Any ideas on whether they would accept the email or the old BRP without getting a Fine. Or is there a way to get something to verify we had ILR at the time of birth? it also says they dont accept photocopies.


On a second note, they also said for only my application that my referee was not acceptable. however its the same referee as the one that did our ILR and is a manager in a large professional services firm. Anyone have this issue? I will find a different person who is also a manager in a uk company but its odd they didnt accept the original refereee.

[alterhase58]

First of all, note that HMPO and UKVI, whilst part of the Home Office, work totally different process under different regulations.
Personally my first concern would be to secure my child's British passport - the question of being fined is probably secondary. HMPO want to see the BRP or letter as evidence, in original, as proof of your status at the time. As far as being fined for non-return, we have yet to see substantiated reports from people/members being fined.
Regarding your "referee" it's perhaps simpler to find another one rather than argue with HMPO. As said this is a different procedure and HMPO goes by their guidance rather than cross-checking with UKVI.
Of course, it's down to you what you decide.

[CR001]

we have been asked for our son (who is 10 months) to submit the ILR BRP for both myself and wife or a home office letter to prove we had ILR when he was born. I'm not sure why given we couldn't become citizen without ILR.

It is your ILR status that determines your son right/entitlement to citizenship by birth. It has nothing to do with what you need to apply for citizenship, there are many routes to citizen.

Now the problem is I'm not sure what home office letter they are talking about I cant seem to find anything that came from passport office via mail (although i am still searching). I think we only got notified via email that is was successful and to attend a ceremony for which we would get a separate email. But I dont think emails are accepted at proof.

They are specifically asking for your ILR approval email/letter and NOT your citizenship approval email.

Now the big problem is we forgot to hand in our BRPs but we were supposed to send them back. If i do send the OLD BRP to passport office they might fine us and if we dont and we cant find a home office letter that is not an email then I dont know how we can prove we had ILR.

They won't and will send it back. Get a copy of it certified for your records. You also need to send ONE of the BRPs, not both.

So now we are kind of stuck. Any ideas on whether they would accept the email or the old BRP without getting a Fine. Or is there a way to get something to verify we had ILR at the time of birth? it also says they dont accept photocopies.

Just submit it. HMPO doesn't deal with BRP card etc, that is UKVI.

On a second note, they also said for only my application that my referee was not acceptable. however its the same referee as the one that did our ILR and is a manager in a large professional services firm. Anyone have this issue? I will find a different person who is also a manager in a uk company but its odd they didnt accept the original refereee.

What referee for ILR? Do you mean Naturalisation? Doe the referee know your child or professionally engaged with the child.

[jedi900]

First of all, note that HMPO and UKVI, whilst part of the Home Office, work totally different process under different regulations.
Personally my first concern would be to secure my child's British passport - the question of being fined is probably secondary. HMPO want to see the BRP or letter as evidence, in original, as proof of your status at the time. As far as being fined for non-return, we have yet to see substantiated reports from people/members being fined.
Regarding your "referee" it's perhaps simpler to find another one rather than argue with HMPO. As said this is a different procedure and HMPO goes by their guidance rather than cross-checking with UKVI.
Of course, it's down to you what you decide.

Thanks If i cant find the original letter ill just send the BRP. Its funny, the case worker that processed my wifes application accepted the same referee and my son also it seems only have to provide them with teh BRP.

for me I need to get a new referee. seems like its luck of the draw when it comes to case workers.

[jedi900]

we have been asked for our son (who is 10 months) to submit the ILR BRP for both myself and wife or a home office letter to prove we had ILR when he was born. I'm not sure why given we couldn't become citizen without ILR.

It is your ILR status that determines your son right/entitlement to citizenship by birth. It has nothing to do with what you need to apply for citizenship, there are many routes to citizen.

Yes agree. i think someone mentioned two different departments and seems like they dont really talk to each other since the information should be on UKVIs system.

Now the problem is I'm not sure what home office letter they are talking about I cant seem to find anything that came from passport office via mail (although i am still searching). I think we only got notified via email that is was successful and to attend a ceremony for which we would get a separate email. But I dont think emails are accepted at proof.

They are specifically asking for your ILR approval email/letter and NOT your citizenship approval email.

got it, will look for it.

Now the big problem is we forgot to hand in our BRPs but we were supposed to send them back. If i do send the OLD BRP to passport office they might fine us and if we dont and we cant find a home office letter that is not an email then I dont know how we can prove we had ILR.

They won't and will send it back. Get a copy of it certified for your records. You also need to send ONE of the BRPs, not both.

they wont send the BRP or letter back? also they specifically told use to send both BRP or letter to them.

To help us continue with their passport application we need more information and evidence about xxxx nationality.

British passports are issued to those who have a claim to British nationality. Under the British Nationality Act 1981, a child born in the UK after 31 December 1982 is a British citizen only if one parent is a British citizen or is settled in the UK. We need evidence to confirm this.

For same sex parents, references to ‘mother’ should be treated as parent 1 and references to ‘father’ should be treated as parent 2.

Send proof their mother had indefinite leave to enter and indefinite leave to remain in the UK when xxxx was born.
This could be a Home Office letter or a permanent residence card.

Send proof xxxx father had indefinite leave to enter and indefinite leave to remain in the UK when xxxx was born.
This could be a Home Office letter or a permanent residence card.

The formats we can accept
We usually cannot accept photocopied documents unless we have told you we can for that type of document.

Only send laminated documents if that’s the only format the issuing authority provides for them.

So now we are kind of stuck. Any ideas on whether they would accept the email or the old BRP without getting a Fine. Or is there a way to get something to verify we had ILR at the time of birth? it also says they dont accept photocopies.

Just submit it. HMPO doesn't deal with BRP card etc, that is UKVI.

Yes I think i will.

On a second note, they also said for only my application that my referee was not acceptable. however its the same referee as the one that did our ILR and is a manager in a large professional services firm. Anyone have this issue? I will find a different person who is also a manager in a uk company but its odd they didnt accept the original refereee.

What referee for ILR? Do you mean Naturalisation? Doe the referee know your child or professionally engaged with the child.
Yes, same referee for naturalization. My wifes application got accepted and they already printed her passport lol same referee! anyway i submitted a different referee for my self. seems like who your case worker is makes a difference.