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Child Passport Application

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  • LAWYER RESPONSE Child Passport Application

    Hi, I've submitted a British passport application for my son who was born in the UK in 2018. My husband and I are both Swedish and have lived here since 2011. With the application I sent evidence that I had exercised treaty rights for five years between 2011 and 2016, in the form of both self employment tax returns and a letter from my university confirming that I studied for three years. Today I received a letter that to continue with the application they need Indefinite leave to remain evidence from the Home Office. But why would they need that if I've proven I've exercised treaty rights? If my evidence was insufficient, is there anything else I can send without having to apply for IRL, which would take weeks and also I sent my passport with the application so I can't apply for anything else without first getting my passport back?

    Thank you in advance!

  • #2
    Originally posted by Binzza View Post
    Hi, I've submitted a British passport application for my son who was born in the UK in 2018. My husband and I are both Swedish and have lived here since 2011. With the application I sent evidence that I had exercised treaty rights for five years between 2011 and 2016, in the form of both self employment tax returns and a letter from my university confirming that I studied for three years. Today I received a letter that to continue with the application they need Indefinite leave to remain evidence from the Home Office. But why would they need that if I've proven I've exercised treaty rights? If my evidence was insufficient, is there anything else I can send without having to apply for IRL, which would take weeks and also I sent my passport with the application so I can't apply for anything else without first getting my passport back?

    Thank you in advance!
    This is very strange.

    Could you please post a photo of the letter you have received from the Home Office - please edit out any names appearing in various places in the letter, also edit out ref numbers and addresses.

    Once you have done so I will ask a lawyer to take a look.

    Many thanks

    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 now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

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    • #3
      Thank you! Here's the letter.

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      • #4
        Also I have called the Passport Office but they were very unhelpful. I spoke to two different people and both basically just told me I have to follow the instructions in the letter. One also directed me to call the Home Office immigration and visa department, but I can't see how that would help my situation...?

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        • #5
          Thank you.

          In your original post you said:

          'With the application, I sent evidence that I had exercised treaty rights for five years between 2011 and 2016, in the form of both self-employment tax returns and a letter from my university confirming that I studied for three years.'

          Now before we continue, my questions are:

          1 - What evidence of self-employment have you sent?

          2 - You mentioned you have studied - were you studying at the same time as working?

          3 - Could you please give us more details with exact dates of how you have exercised treaty rights for the period from 2011 to 2016?


          For example;

          From Sept 2011 - to Sept 2012 - self-employed - evidence sent xxx and xxx
          From Sept 2012 to Sept 2013 - self - employed and students - evidence sent xxx and xxx

          Many thanks.

          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 now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

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          • #6
            1. I sent full two tax returns printed from HMRC.
            2. No, I was only studying.
            3. From Sep 2011 to Jul 2014 - studied, evidence is To Whom It May Concern letter from my university.
            From Oct 2014 to Mar 2015 - employed, evidence is payslips from the first and last month.
            From Apr 2015 to Apr 2017 - self employed, evidence is two full tax returns from HMRC.

            Comment


            • #7
              Originally posted by Binzza View Post
              1. I sent full two tax returns printed from HMRC.
              2. No, I was only studying.
              3. From Sep 2011 to Jul 2014 - studied, evidence is To Whom It May Concern letter from my university.
              From Oct 2014 to Mar 2015 - employed, evidence is payslips from the first and last month.
              From Apr 2015 to Apr 2017 - self employed, evidence is two full tax returns from HMRC.
              Did you have Comprehensive Sickness Insurance for the years in which you were studying? 2011 to July 2014?

              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 now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

              Comment


              • #8
                This is how a person exercises treaty rights please bear in mind that a person must show full 5 years of exercising treaty rights (before the birth of the child - and the child was born in the UK) to be successful in a child passport application.


                You are exercising treaty rights if you are an EEA/EU National who lives in the UK either as a worker, a self-employed person, a job seeker, a student (with Comprehensive Sickness Insurance - CSI) or a self-sufficient person (with CSI).
                If you are a student or self-sufficient person you need to have Comprehensive Sickness Insurance (CSI) to be considered as a person who is exercising treaty rights.


                EVIDENCE OF CSI

                One of the following documents which was valid for the relevant period of study or self-sufficiency:
                • schedule or other document from a private medical insurance provider outlining the level of cover, this must have covered you/your sponsor/your family member(s) for the majority of risks while in the UK
                • European Health Insurance Card (EHIC) (formerly form E111) issued by an EEA Member State (not the UK)
                • form S1 (formerly E106, E109, E121)
                • form S2 (formerly E112)
                form S3

                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 now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

                Comment


                • #9
                  Please answer under this thread as I cannot help via private message. The lawyers need to be able to see the response. Many thanks.

                  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 now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

                  Comment


                  • #10
                    Hi, sorry for the late response, and thanks for bringing the issue about CSI to my attention, I wasn't aware of this! I did have health insurance from my Swedish student loan company (CSN). If I find evidence of this, could it solve my issue?

                    I'm now emailing with the Passport Office about this, they're going to redirect me to the person who handles my son's passport application.

                    Again, thank you so much for your help and quick responses!

                    Comment


                    • #11
                      Originally posted by Binzza View Post
                      Hi, sorry for the late response, and thanks for bringing the issue about CSI to my attention, I wasn't aware of this! I did have health insurance from my Swedish student loan company (CSN). If I find evidence of this, could it solve my issue?

                      I'm now emailing with the Passport Office about this, they're going to redirect me to the person who handles my son's passport application.

                      Again, thank you so much for your help and quick responses!
                      This is what is acceptable as evidence of CSI -

                      EVIDENCE OF CSI

                      One of the following documents which was valid for the relevant period of study or self-sufficiency:
                      • schedule or other document from a private medical insurance provider outlining the level of cover, this must have covered you/your sponsor/your family member(s) for the majority of risks while in the UK
                      • European Health Insurance Card (EHIC) (formerly form E111) issued by an EEA Member State (not the UK)
                      • form S1 (formerly E106, E109, E121)
                      • form S2 (formerly E112)
                      • form S3​​​​​​


                      Tim M (lawyer) am I correct in saying that the application of the child passport needs to include one of the above pieces of evidence for the whole period spent as a student? And would you advice Binzza to apply for PR certificate with evidence of exercising treaty rights before the birth of the baby, before applying for the passport - or would you recommend apply for the passport again with the missing evidence?

                      Many thanks.
                      ​​​​​​

                      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 now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

                      Comment


                      • #12
                        time as a student must have evidence of CSI. if Binzza has this evidence then it can be added on to the child passport application

                        I am an Immigration Adviser with Commonwealth Immigration. 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 Tim M for full details.

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