Child British passport RENEWAL refused for EEA parents

[montey]

hi,
me and my parnter(citizens of EU countries A8) live and work in UK since early 2006,we have two daughters that were born in UK in 2011 and 2013 and both received British passports first time. We have recently applied for passport renewal for the daughter that was born in 2011, had to supply all documents again, just this time they asked for worker registration scheme registration certificate, which they DID NOT require when issuing very first passport. Due to the date on certificate being few months short of five years before my daughter was born ,my little one is being stripped of her citizenship and we have been told to start new process by filling MN1 form. We are told they are keeping the case open and will try to deal with it asap after mn1 is done.This is harsh... girl been a citizen since birth ,we've been abroad with this passport and now we have to go through this. people who join isis are being stripped of their citizenship, is my daughter on the same level?(guess not...but).It was not our fault no one asked for damn certificate when issuing very first passport.
Any one else with same issue? is there anything we can do to challenge this or is it just the case of get on with it and dont bother the authorities?
Many thanks

[vinny]

Unfortunately, for your daughter to automatically be British, you must show that you had acquired PR before her birth.

The issue of a British passport does not confer citizenship.

[LilyLalilu]

https://www.freemovement.org.uk/worker- ... -children/ - Apparently, this happened to quite a few families/children

I'm afraid if the correct WRS wasn't in place your daughter wasn't born a British citizen and HMPO just provided the passport in error after failing to do the appropriate checks. I do feel for you as this is quite a grave error they made but legally she's not a citizen (and never was) so they do not have to renew the passport.

[secret.simon]

I agree with LilyLalilu.

The child was not born a British citizen and was issued a British passport in error. Hence s/he was not stripped of British citizenship, but never had it in the first place. Therefore the refusal to renew the passport was correct.

[Obie]

They are revoking passport. They need to demonstrate it was wrongfully issued. It is outrageous to strip a child of citizenship upon renewal of passport.

[JAJ]

Child is not being stripped of citizenship. A British passport issued based on incomplete evidence of British citizenship does not make someone a British citizen.

As I understand it, the Workers Registration Scheme ended on 01.04.2011 so any non-compliance with the regulations (or lack of demonstrated compliance) would not effect whether an A8-EU citizen (if continually employed) acquired Permanent Residence anytime from 01.04.2016.

Once the child has been granted a Certificate of Registration as a British citizen, then a British passport may lawfully be granted.

Regarding the second child. It would be strongly recommended to permanently keep a set of evidence surrounding parent's presence/employment etc. in the United Kingdom in case her British citizenship needs to be re-evidenced later on in life.

[stanlaurel]

It hasn't got much to do with law. It looks like a taking revenge on EU immigrants children is primitive and rude.

In our case they asked to send them mother's (why her?) WRS, payslips or P60 from first year here and... mother's Blue Permanent Residence Card issued before child's birth. What?!

The other problem is that they got it all (except that card - we brought all P60's etc. for 6 years) together with WRS! We brought all in person to LIverpool. They checked it in our presence then (and then kept it for some time).

So this is bullying and discrimination which has to be dealt with.

[Tanita1981]

Hi, I was applying for British passport for my son who was born in June 2009. Even I could prove 5 years of PR. I had refusal as WRS was needed for 5 years prior the birth of my son. Wrs was introduced in May 2004, my son was born in June 2009 and Wrs registered in August 2004 just few months short. Been advised by Hm passport office case worker to apply for
British citizenship using MN1 form.

[secret.simon]

In our case they asked to send them mother's (why her?) WRS, payslips or P60 from first year here and... mother's Blue Permanent Residence Card issued before child's birth. What?!

What was the UK Immigration status of the father at the child's birth?

The other problem is that they got it all (except that card - we brought all P60's etc. for 6 years) together with WRS!

Worth applying for an SAR with the Home Office to see precisely what they have got on record for the mother.

Also see these three threads.

[Loki0123]

• Hey OP,
  
  has this been resolved for you? I am in the same situation but I dont have my WRS.

[Ewe80]

Hi.
I am trying to renew my son's British passport and I am experiencing a lot of problems. My son is 5, born 2013, and has held this passport for almost 5 years. We, the parents, are both EEA nationals and I applied for his passport and proved that I exercised treaty rights 5 years prior to his birth. Now, they asked for WRS card and certificate along with a proof that I worked here 12 continues months after registration. Problem is that I changed a job after 9 months. I have no certificate for my second employer. My husband is in the same situation.
Can anything be done?
Any advice will be very welcome.

[vinny]

Unfortunately, they expected

EU8 nationals who changed employers before completing 12 months of uninterrupted employment in the UK needed to re-register with their new employer under the scheme.