Passport renewal refused based on missing WRS card

[skasyap]

Hi All,

I hope anyone can help and suggest next steps regarding current situation.
My 4 years old daughter passport renewal has been put on hold as HMPO sent a letter out saying that they have issued the Passport in error and require my wife to provide WRS card.

My wife who is an EEA national made the first passport application for my daughter soon after she was born in October 2016. We contacted HMPO and they confirmed to my wife that she has to provide five years of supporting documents to prove she was working continuously. To support our daughter application my wife did provide her payslip, p45 and p60 for period covering Oct 2011 - Oct 2016. My wife did not have the WRS Card so she was unable to provide that. Anyway all went fine and we did receive her first passport.

Last week we submitted the passport renewal application for my daughter and HMPO has now contacted and commented that they can’t find the WRS card details on their system when we first applied for passport so they will not progress with the application until they got that details.

Please note when my wife applied first passport for my daughter she did not have the PR physical card or anything but working on the basis of EU work rights in the UK.
So my questions are:
A) Is HMPO correct that passport was actually issued in error even though we were relying on period Oct 2011- Oct 2016 to obtain British Passport as my daughter was born in October 2016. In addition WRS SCHEME was actually ended back in April 2011.
B) what will happen next if HMPO refuses my application. I mean do I need to apply for ILR or apply for citizenship directly for my daughter.
C)if it is a citizenship which citizenship form do I need to fill ? Is that ye same online one which I used for mine.

[secret.simon]

A) Is HMPO correct that passport was actually issued in error even though we were relying on period Oct 2011- Oct 2016 to obtain British Passport as my daughter was born in October 2016. In addition WRS SCHEME was actually ended back in April 2011.

In order for your daughter to automatically be born a British citizen, one of the parents needs to have been settled in the UK (in pre-Brexit times, that would have meant holding either ILR or PR) before the birth of the child.

For your wife, an EEA citizen, to have acquired PR automatically, she would have needed to demonstrate five continuous years of exercising treaty rights before the birth of the child. And that included having WRS at the time of working if so required.

So, yes, it is likely that at any/every passport renewal, even in the future, when she is an adult, your daughter may be asked to demonstrate that her mother met those requirements. Indeed, your daughter may even be asked to demonstrate that when her own children are born (to demonstrate that she herself is a British citizen otherwise than by descent).

As to the requirement for WRS, you are correct that the WRS requirement ended in April 2011 and therefore should not apply to your daughter case, if your wife can demonstrate that she worked for five continuous years AFTER April 2011 and before the birth of your daughter. You should be able to write to HMPO arguing this point.

The complicating factor may be that P60s run for the financial year and therefore parts of it may overlap with a period when WRS was required. Does your wife have her payslips for that period? It may be better to rely on them as proof of a more precisely defined five continuous years period.

As an aside, as I have advised above, your daughter can be asked to demonstrate these facts not just now, but at any time in the future, including after the birth of her own children. Keep these documents safe in a fireproof box as you never know when they will be needed.

[skasyap]

Many thanks for responding to my query, really appreciate that.

A) Is HMPO correct that passport was actually issued in error even though we were relying on period Oct 2011- Oct 2016 to obtain British Passport as my daughter was born in October 2016. In addition WRS SCHEME was actually ended back in April 2011.

In order for your daughter to automatically be born a British citizen, one of the parents needs to have been settled in the UK (in pre-Brexit times, that would have meant holding either ILR or PR) before the birth of the child.
Understood.

For your wife, an EEA citizen, to have acquired PR automatically, she would have needed to demonstrate five continuous years of exercising treaty rights before the birth of the child. And that included having WRS at the time of working if so required.
Understood.

So, yes, it is likely that at any/every passport renewal, even in the future, when she is an adult, your daughter may be asked to demonstrate that her mother met those requirements. Indeed, your daughter may even be asked to demonstrate that when her own children are born (to demonstrate that she herself is a British citizen otherwise than by descent).
Shocking it is to be honest.

As to the requirement for WRS, you are correct that the WRS requirement ended in April 2011 and therefore should not apply to your daughter case, if your wife can demonstrate that she worked for five continuous years AFTER April 2011 and before the birth of your daughter. You should be able to write to HMPO arguing this point.
Thank you so much and this is what I have done so waiting to hear back now.

The complicating factor may be that P60s run for the financial year and therefore parts of it may overlap with a period when WRS was required. Does your wife have her payslips for that period? It may be better to rely on them as proof of a more precisely defined five continuous years period.
Along with P60, we provided the payslips as well for five years and we still got it.

As an aside, as I have advised above, your daughter can be asked to demonstrate these facts not just now, but at any time in the future, including after the birth of her own children. Keep these documents safe in a fireproof box as you never know when they will be needed.

Apologies but we do not have WRS card so you mean keep the p60 and payslips for Oct 2011 - Oct 2016 to prove in the future.

Lastly, let say they will not renew the passport then what are my options I mean will I apply for citizenship for my daughter or ILR first. If it is a citizenship then which form will I fill.
Many thanks

[skasyap]

Quick update:
After sending a long email to HMPO, they have now acknowledged that first passport was not issued in error as we were not relying on WRS period to prove treaty rights hence why renewal application is now approved again.
What a blunder from HMPO - FIRST PASSPORT ISSUED NO PROBLEM - RENEWAL REFUSED AS PASSPORT WAS ISSUED IN ERROR - CONTRACDICTING THEIR STATEMENT AGAIN THAT FIRST PASSPORT WAS NOT ISSUED IN ERROR !!

Keep fighting and keep your documents safe that is what I have learned.

[secret.simon]

Keep calm and be aware that this is not just a UK position. Most Commonwealth countries, including India (see this Bombay High Court judgement from 2013), also take the position that a passport is only prima facie evidence of citizenship and not definitive proof and that one can be asked to prove citizenship from original documentation.

[skasyap]

Keep calm and be aware that this is not just a UK position. Most Commonwealth countries, including India (see this Bombay High Court judgement from 2013), also take the position that a passport is only prima facie evidence of citizenship and not definitive proof and that one can be asked to prove citizenship from original documentation.

So what else I can do to ensure she is a British citizen then if passport is not enough proof for her citizenship ?

[secret.simon]

So what else I can do to ensure she is a British citizen then if passport is not enough proof for her citizenship ?

There is nothing you can do.

Unlike a person who is naturalised or registered as a British citizen (and who can therefore rely on a single piece of paper-the naturalisation or registration certificate-to prove that they are British citizens), those who born as British citizens by birth to a settled person in the UK need to retain proof of their parents settled status at the time of their birth for their own lifetime and probably their childrens' lifetime as well.

In your child's case, that is proof that your wife exercised treaty rights for five continuous years before their birth.

[skasyap]

So what else I can do to ensure she is a British citizen then if passport is not enough proof for her citizenship ?

There is nothing you can do.

Unlike a person who is naturalised or registered as a British citizen (and who can therefore rely on a single piece of paper-the naturalisation or registration certificate-to prove that they are British citizens), those who born as British citizens by birth to a settled person in the UK need to retain proof of their parents settled status at the time of their birth for their own lifetime and probably their childrens' lifetime as well.

In your child's case, that is proof that your wife exercised treaty rights for five continuous years before their birth.

Thanks a lot.