I have recently applied for a British Passport for my child.
I had been in UK for over 5 years before the child was born (therefore holding ILR status). According to the law, the child will have a British citizenship if one of the parents is British or had held the ILR status before the child birth.
This has been supported with P60s, payslips, letter from employer and WRC.
The passport application has been refused/British citizenship not confirmed.
This is because when I started working in the UK I had to register with Home Office to receive WRC within 30 of starting a job.
I had applied 31 days after, meaning that I worked one day illegally. Because of that I've been told that the child cannot receive British passport. The office worker said that they have a new policy to deny British citizenship if parents did not meet the 30 days period of applying for WRC.
In my opinion this decision is against the law. On the gov site there is document, what is required to exercise treaty rights.
And there is written that
https://www.gov.uk/government/uploads/s ... Policy.pdf9.19 When counting the 5 years qualifying period, this should be taken from the date on which the employment started
(rather than the date the card was issued) if the EU8 national applied to register within the 30 days window even if
the card was issued later.
If the EU8 national applied outside of the 30 days window, the qualifying period starts from the date on which the WRS card was issued.
Do you know what I can do in such case?
Shall I ask my local MP to forward the issue?
Any help would be appreciated.