Return or Retain BRP?

[greenhorntechie]

Hi,

Good Morning!!

I naturalisation application has been approved in August and I was asked to complete the Oath ceremony. However, when the naturalisation application was approved, I was in India for the arrival of my newborn son. So I have reached out to my local council’s registration department asking on the latest date before which I need to complete the Oath ceremony.

I was told by the council’s registration department that I need to complete the oath ceremony no later than 12th Feb 2022.

In the meantime, as my son is born outside the UK, we had to apply visa for him, which we did in early December and is currently being processed. My ILR BRP details have been provided as the sponsor in my son’s visa application.

I am now back in the UK was wondering whether I should wait for my son’s visa to be received before I book for Oath ceremony appointment. The reason being, will my ILR be invalid once I complete the oath ceremony and pose challenges for my son’s UK visa which is being processed currently?

I would be great if I can get any expert help on this, from the dear community members here. Please let me know what should the best course of action for me in this case.

Thanks in Advance.

[CR001]

I am now back in the UK was wondering whether I should wait for my son’s visa to be received before I book for Oath ceremony appointment. The reason being, will my ILR be invalid once I complete the oath ceremony and pose challenges for my son’s UK visa which is being processed currently?

It is the same visa for the child whether you hold ILR or are British. It makes no difference. Also bear in mind that UKVI obviously have all your immigration history details.

If you fail to attend the ceremony within the required timeframe, your certificate will be sent back to HO and your application/ceremony cannot proceed. You would then have to apply for citizenship and pay the fees again.

Would have been so much simpler had you had the child in the UK as the child would have been automatically British.

[greenhorntechie]

Thanks for the quick reply. Yes, if my son was born in the UK or if he was born after my citizenship, things would have been much simpler

Just to clarify my understanding, do you reckon that it makes no difference to his application and hence I can proceed with my oath ceremony appointment at the earliest?

Thanks once again!

[CR001]

It makes no difference.

[greenhorntechie]

Fantastic, thank you for the confirmation. I will proceed ahead in that case.

This forum has been fantastic to clarify all things immigration related

Have a great day!!

[greenhorntechie]

Hi,

Thanks to the amazing community, I have now completed my oath ceremony and in possession of my naturalisation certificate. However, as I understand, I think I need to return my existing BRP card at the earliest.

However, as mentioned in my previous post, we are currently awaiting my newborn son's UK visa for which I had provided my BRP as one of the documentary evidence as part of his application.

Given the circumstance, my question is whether I should return the BRP with the assumption that it wont be required or should I request HMRC to retain the same after explaining my scenario? If I need to retain, any idea what would be the procedure involved?

Request to please let me know your views and the process to follow in this scenario.

Thanks

[CR001]

You need to send it back. The visa you have applied for your child is the same whether you hold ilr or are British and obviously UKVI who processes the visa has access to your full UKVI record.

Your child is not automatically British, ie born in the UK after you obtained ilr, which is the only scenario that you would need to retain proof of ilr for a UK born child as that would be the basis of their claim to being British. This doesn't apply to your circumstances at all.

[greenhorntechie]

Ok great. Thanks for the quick reply. I will return the BRP card in that case.

Best Regards