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Successful child passport application relying on WRS ruling - it can be done!

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  • Success Successful child passport application relying on WRS ruling - it can be done!

    Hello. My partner arrived to UK and started working in July 2009. 5 years later -16th of July our son was born. We took it for granted that he will receive the citizenship automatically. We applied for his British passport. We sent the proof (payslips, p60) that covered all the 5 years before the birth of our son. To our surprise a few months later we got the letter that we he does not qualify. The reason given was that my partner registered himself with the Worker Registration Scheme by the end of July.
    I was disappointed but accepted the fact. Now I am considering to register my son - he is now 5 years old and has the settled status. However many people told me that I should have appealed. Is it worth trying?
    What acually counts here - 5 years of continuous employment prior to the child's birth or the date of the registration with the Worker Registration Scheme.

    Many thanks

  • #2
    Originally posted by Betsi View Post
    Hello. My partner arrived to UK and started working in July 2009. 5 years later -16th of July our son was born. We took it for granted that he will receive the citizenship automatically. We applied for his British passport. We sent the proof (payslips, p60) that covered all the 5 years before the birth of our son. To our surprise a few months later we got the letter that we he does not qualify. The reason given was that my partner registered himself with the Worker Registration Scheme by the end of July.
    I was disappointed but accepted the fact. Now I am considering to register my son - he is now 5 years old and has the settled status.
    Morning,

    Hold fire and keep reading!

    Originally posted by Betsi View Post
    However many people told me that I should have appealed. Is it worth trying?
    Most definitely, especially in view of very recent developments (see below).

    Originally posted by Betsi View Post
    What acually counts here - 5 years of continuous employment prior to the child's birth or the date of the registration with the Worker Registration Scheme.
    Actually, the criteria is having acquired PR status before the child's birth, that would mean exercising treaty rights for a continuous 5 year period. Continuous employment is a way to exercise treaty rights, HOWEVER, A8 nationals also required to be registered with the WRS in order to count periods of employment during the accession period, towards PR status.

    The extension of the WRS from the 1st of May 2009 has finally been ruled unlawful by the Supreme Court, this ruling only came a week ago and changes everything as noted here: Supreme Court rules WRS extension unlawful - UKCEN Citizenship and Residence for European Nationals and their families

    If relying on a period of work starting on or after that date, then WRS registration shouldn't be an issue.

    I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever as the deadline approaches.

    Comment


    • #3
      Thank you very much for your reply. I am very grateful. Can you please advice where should I start. Should I just apply for his British passport again or there is a different way?

      Comment


      • #4
        Originally posted by Betsi View Post
        Thank you very much for your reply. I am very grateful. Can you please advice where should I start. Should I just apply for his British passport again or there is a different way?
        Although you could do just that, I would be tempted to contact HMPO regarding the previous passport application that was refused, asking them to reconsider the application in view of the recent Supreme Court ruling, which effectively renders WRS registration totally irrelevant for periods from May 1st 2009, meaning evidence of employment for the 5 year period should be enough to establish PR status and thus, the child's citizenship at birth. The idea being not having to pay again for the passport if at all possible.

        I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever as the deadline approaches.

        Comment


        • #5
          Hello
          Following the advice above I tried to contact the HMPO to reconsider my previous application.
          They replied:

          "Thank you for your enquiry.

          Any changes made by the Supreme Court need to be ratified by the UK Government and this can take a period of time.
          We are in no position to provide a completion date for this at this time or any potential guidelines."

          I decided to apply again from the scratch thinking it might be quicker than waiting for reconsideration.
          Now I worry that if the change was not ratified by the UK Government they might reject it again. They still have the WRS on their document checklist.
          Any thoughts?

          Comment


          • #6
            Originally posted by Betsi View Post
            Hello
            Following the advice above I tried to contact the HMPO to reconsider my previous application.
            They replied:

            "Thank you for your enquiry.

            Any changes made by the Supreme Court need to be ratified by the UK Government and this can take a period of time.
            We are in no position to provide a completion date for this at this time or any potential guidelines."

            I decided to apply again from the scratch thinking it might be quicker than waiting for reconsideration.
            Now I worry that if the change was not ratified by the UK Government they might reject it again. They still have the WRS on their document checklist.
            Any thoughts?
            It is difficult to say - Gabriella B (lawyer) in a situation like this would you wait for the reconsideration or apply again?

            I am the Group Founder and also an Admin, please refer to our Admin Team, Roles and ResponsibilitiesIf you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever as the deadline approaches.

            Comment


            • #7
              Originally posted by Betsi View Post
              They still have the WRS on their document checklist.
              Just to clarify, the WRS requirement still has to be in the checklist, because it will still apply to periods of work between 2004 and 2009, it's only the extension from 2009 till 2011 that was ruled unlawful, not the requirement for the previous 5 years.

              I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever as the deadline approaches.

              Comment


              • #8
                The Supreme Court ruling should be taken into account and new rules made, but this will take time and the application will most likely be on hold until then.

                I am the director of MGBe Legal, an OISC regulated company. I am also a volunteer with UKCEN, where I provide one-off advice on a pro-bono basis. This advice should not be considered a substitute for formal legal advice. Please see Gabriella B for full details.

                Comment


                • #9
                  Thank you for all your responses.

                  This is the letter I received today from HM Passport Office:

                  "We also require the following documents:
                  All accession state worker registration certificates issued to father.
                  This is because between 1May 2004 and 30 April 2009 workers from these countries who did not benefit from any exemption were required to register on the Accession State Worker registration Scheme for the first 12 months of their employment in the UK"

                  So they still asked me to send it despite the recent Supreme Court ruling.
                  Also my partner arrived to UK and started wowrking in July 2009 which was obviously after 30 April 2009 and 5 years later in July our son was born. I sent all payslips, p60, NI contributions etc for that period.

                  Can you please advice what could be my reposnse to them?

                  Comment


                  • #10
                    Originally posted by Betsi View Post
                    Thank you for all your responses.

                    This is the letter I received today from HM Passport Office:

                    "We also require the following documents:
                    All accession state worker registration certificates issued to father.
                    This is because between 1May 2004 and 30 April 2009 workers from these countries who did not benefit from any exemption were required to register on the Accession State Worker registration Scheme for the first 12 months of their employment in the UK"

                    So they still asked me to send it despite the recent Supreme Court ruling.
                    Also my partner arrived to UK and started wowrking in July 2009 which was obviously after 30 April 2009 and 5 years later in July our son was born. I sent all payslips, p60, NI contributions etc for that period.

                    Can you please advice what could be my reposnse to them?
                    Gabriella B(lawyer)

                    I am the Group Founder and also an Admin, please refer to our Admin Team, Roles and ResponsibilitiesIf you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever as the deadline approaches.

                    Comment


                    • #11
                      Originally posted by Betsi View Post
                      Thank you for all your responses.

                      This is the letter I received today from HM Passport Office:

                      "We also require the following documents:
                      All accession state worker registration certificates issued to father.
                      This is because between 1May 2004 and 30 April 2009 workers from these countries who did not benefit from any exemption were required to register on the Accession State Worker registration Scheme for the first 12 months of their employment in the UK"

                      So they still asked me to send it despite the recent Supreme Court ruling.
                      That's because the ruling only refers to the extension from May 2009 to April 2011, the WRS requirement was lawful for the previous 5 years.

                      Originally posted by Betsi View Post
                      Also my partner arrived to UK and started wowrking in July 2009 which was obviously after 30 April 2009 and 5 years later in July our son was born. I sent all payslips, p60, NI contributions etc for that period.

                      Can you please advice what could be my reposnse to them?
                      They seem to have just used a generic template letter, if the child's father only arrived in the UK AFTER the above period, then the response should make that fact very clear, it wouldn't be possible to have registration certificates for a period when the parent was not resident in the UK!

                      I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever as the deadline approaches.

                      Comment


                      • #12
                        Thank you. Can this be my reply?:

                        "Regarding the documents you require to confirm that the father have acquired permanent residence in the UK for a period of 5 continuous years before the child was born. I confirm that all P60, P45 and payslips were sent along with the first letter.
                        As far as I am concerned the extension of the WRS from the 1st of May 2009 has been ruled unlawful by the Supreme Court on 19 June 2019, which effectively renders WRS registration irrelevant for periods from May 1st 2009. I hope the evidence of employment for the 5 year period is enough to establish PR status and thus, the child's citizenship at birth. The father arrived to the UK in June 2009, which is after 30 April 2009 and therefore WRS registration shouldn't be necessary as it is not any longer required for the period when he arrived."

                        Comment


                        • #13
                          The reply seems quite clear to me. Whether they agree or not is another issue, if they don't have guidance on this, they will stick to the current rules.

                          I am the director of MGBe Legal, an OISC regulated company. I am also a volunteer with UKCEN, where I provide one-off advice on a pro-bono basis. This advice should not be considered a substitute for formal legal advice. Please see Gabriella B for full details.

                          Comment


                          • #14
                            Well, it seems to me that they are already acknowledging the fact that the WRS only applies till the end of April 2009 as per paragraph below, and the only confusion refers to the fact that this isn't at all relevant, since the parent was not living in the UK during the time the WRS applied.

                            Originally posted by Betsi View Post

                            This is the letter I received today from HM Passport Office:

                            "We also require the following documents:
                            All accession state worker registration certificates issued to father.
                            This is because between 1May 2004 and 30 April 2009
                            workers from these countries who did not benefit from any exemption were required to register on the Accession State Worker registration Scheme for the first 12 months of their employment in the UK"

                            I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever as the deadline approaches.

                            Comment


                            • #15
                              Hello again. Thank you for all your responses. You are great and very helpful. I sent my reply and this is the reply I have received. Strangely enough the previous text was changed for this one : This is because between 1May 2004 and 30 April 2011 .....
                              I attach the two letters I have received.

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