Incorrect Date of Birth on ILR!!

[resider]

Hi,

I didn't notice this when my daughter's ILR was issued but only realized it when I got home! Her date of birth is incorrect by a few days and the HO seem to have made a mistake.

She was born here and is only 2 years old. I was planning to apply for her british nationality but am now not sure whether I should get this corrected or not.

Should I or am I worrying about nothing? Anyone on this forum had to get something corrected recently on ILR? Do you know what the process is?

Please help.

Thanks.

Isabella.

[Kayalami]

Way to significant an error to proceed with naturalisation. Go back to the relevant public enquiry office...I suggest Croydon if its possible with all the relevant paperwork and get it corrected.

[resider]

Thanks Kayalami.

Do you know whether HO will now charge another 500/350 to correct their mistake?

[Kayalami]

I can't really comment on whose error this is without seeing the paperwork...if its yours then technically its a re-application and you may end up paying a new fee unless the Home Office waive such on compassionate grounds. If the error is by the Home Office then no charge for correction - either way you need to factor in the inconvenience though the long term benefits outweigh such.

Good luck

[Joseph]

The ILR sticker should match the birth date on the passport. Even if you made a mistake on your application form, they should have caught it before they issued the ILR. I would argue that the mistake was theirs, so you should not have to pay the fee.
Joseph

[resider]

Hi,

Apparently they have based the ILR sticker on the entry clearance visa where the date was incorrect to begin with. Thats where the mistake was made about 2 years ago! They are not budging on their position.

I really thought that they would base the ILR sticker on the birth certificate and if there was a mistake in a prev visa, surely they wouldn't repeat it. But lo and behold. Its too late, its my fault and a fee is required. Birth cert. is correct, application form was filled in correctly, passport date is correct, it was just the date in the entry clearance!!! God!

Now I am not sure whether this is actually necessary for BC application for her.

I know Kayalami has said yes but is there any concrete rules I can look at on the internet to make sure?

[Kayalami]

1. In what way does the initial entry clearance feature given her birth in the UK i.e why does she have an EC?

2. Where was said EC obtained?

3. What category of EC was issued?

4. So the error has been there for sometime and you haven't noted it? It is clearly stated when you get your EC to verify that details correct prior to you leaving the consulate or indeed the visa for UK entry. As a minimum I would expect a statutory declaration - see a lawyer or public notary to the effect that an error was made and it is one and the same person being refered to. You may have to send such back to the visa post then correct it from there.

5. Passport will be needed for BC application so sorry no way out. Error must be corrected.

[Joseph]

I really don't think it's a big deal. If you put the correct date on the Naturalisation (actually registration) application it will be sorted out. After all, it will be supported by:

1. A UK birth certificate with the correct date.
2. A foreign passport with the correct date.

As for the ILR, it's not the child's ILR that counts, it's your (the parents') ILR that they will be looking for. If you want you can attach an explanatory note, but I wouldn't because the UK birth certificate will be the main supporting document. If the registration certificate comes with error (it almost certainly won't) then you can point out that the error wasn't yours referring them to the nationality application and the UK birth certificate.

Save the correction fee and spend it on the nationality application.

Joseph

[resider]

Kayalami/Joseph,

(You guys are great! Thanks for your feedback.)

She was born here while mum and dad were on work permit. It was only when we travelled outside the EU and wanted to come back to UK after few weeks that we were stopped. We were told that the child would need a work permit dependent visa stamp even though the birth cert. was UK! Thats why there is the visa. Otherwise, she was born here. I just didn't get her endorsed while in the UK by the HO.

If I had not travelled until now, this problem would not have happened I suppose!

Then, I came back alone and of course family stayed behind. The passport was then stamped (with incorrect date) and they were able to come back to join me after further few weeks. Thats my story.

It was only here in the UK that I realised the date issue. But it really didn't bother me since I knew that ILR would fix it (or so I assumed). Not sure what details you are talking about since my wife didn't mention anything like that Kay. Maybe I would have checked it but I was in UK by then.

Point 5 does worry me but I am getting conflicting information. But if it needs to be corrected, as you say, has to be done.

But Section A of the nationality rules do state that "UK Birth Cert. plus mum or dad's ILR visa" is the only requirement? Is it not? I must say after reading thru the IND site, Joseph, I also think that its OK. But I will have to confirm it as Kay as pointed out...

Thanks.

[Joseph]

On Point 5, they will probably look at the foreign passport, but the birth date on the passport is more credible and important than the date on the visa, especially since the passport birth date is consistent with the source document which is the British birth certificate. If they look closely, it will be obvious to them that the visa is in error and they will ignore it.

This whole registration exercise is a result of the 1981 Act which states that children born in the UK are only British if their foreign parents are settled (i.e. with ILR) in the UK. The main thing they will be looking for is your ILR. If your child had been born before 1983, he or she would be automatically British.

Joseph

[resider]

Thanks Joseph.

I will actually write to them officially and ask the question. I have read Section A several times and it does seem that yes the UK Birth Cert. and mum/dad ILR is the only requirement.

We don't even have a separate passport since the child was just endorsed on mum's. I will have to get a new anyway in October.

The date was first printed incorrectly on the passport itself (before the EC event). I got it corrected ages ago and the embassy stamped the correction to verify it. That stamp apparently caused the real confusion since it made a 1 look like a 4. The letter O in the correction ink stamp only just makes out half a circle and then coincides with the 1 in the d.o.b to make it look like a 4!!! Because of that, one could easily misread the malformed day of month! I think thats why EC got confused and so on. But there you go!

I think I will just send the BC appplication and see what happens. I hope I don't lost the BC fee as well and would end up spending another 500 to officially fix it. Thats why I want some written confirmation from them.

Somehow I suspect that it would take a long time to get a reply!

[Joseph]

If you ask "officially" you won't get a reliable answer, if you get one at all. Trust me, the British Birth Certificate is what they will rely on.
Joseph

[resider]

Yes I am getting convinced that UK birth Cert. and ILR is the only thing thats required.

I guess I will have to just send the BC application, enclose a letter explaining the issue and hope they don't send it back saying "please get it fixed"!!

I would be surprized since it wouldn't make any sense if they say that since under Section A, only birth Cert. and parent ILR is required.

But we shall see.

I will definitely come back and let you guys know.

[Kayalami]

Fact remains that there are conflicting dates of birth on relevant docs i.e. birth cert, ILR letter and passports - Home Office registration unit will query this. You say error right from inclusion of child on mother's passport. Why was this an issue for the British Consulate if her UK birth cert was proof of relationship and why was such not annotated on ppt or on a side letter? There is a hole here somewhere between all applicable dates. As a minimum I would include a statutory declaration with the application affirming to the relevant events. Good luck.

[resider]

We were not issued any ILR letter(s). We only have visa stamped. On enquiring about it, they said that they don't issue it anymore! Not sure what you mean by "Why was this an issue for the British Consulate if her UK birth cert was proof of relationship and why was such not annotated on ppt or on a side letter?"

I don't think the British High Commission realized their mistake. They based the work permit stamp on the passport (where the 1 looked like a 4) and not the UK birth cert! I was in the UK when they were stamped back home. Then they just got on a plane and came back to join me after that! It was only after couple of weeks here in the UK that I noticed the problem. Of course I didn't bother with getting it corrected since I thought that I would raise this on ILR application. Wish I had not forgotten to do that!

Anyway, coming back to the our current problem, yes its only incorrect in the passport. Its off by three days! And the way that its happened is quite odd but can easily happen. The G in the HIGH coincided with 1 to make a 4!! The idiots just jotted down 4 of course and the bigger idiots in the HO just copied it. But I will be the loser who has to pay 500 to get it corrected!

OK, if they "query" it, could it be a basis of refusal? Bit if they force me to pay, I guess I will have no other choice.

But what is "statutory declaration"? Do you know how I can get this done? Sorry about the silly question but I have no idea what this means???


Thanks.

[resider]

Hi,

Just went back to SECTION A and its quite clear about the requirements:

The documents required to assist with the consideration of your application are set out below. Please enclose the following evidence with your application form.

If the child comes within SECTION A, you send evidence:

That the child was born in the United Kingdom


Please send the child's birth certificate.
that the parent has become a British citizen or settled in the United Kingdom

As evidence of British citizenship please send the naturalisation or registration certificate.
As evidence of settled status please send the passport, or the Police Registration Certificate, or a letter from the Home Office showing that there is no time limit in the parent's stay in the United Kingdom.
(if the parent concerned is the father) that the child's parents were married.

Please send the marriage certificate.

So it does seem that this incorrect date doesn't matter. The birth cert. and parents' ILR is the only thing thats required to make a legal decision on registration.

Hmm. OK. I think I am just going to go ahead with it and send the application on Tuesday.

Fingers crossed!!!!!!!!

[resider]

I got an official email reply from the nationality enquiries service and it seems they will issue B.R but only if they are convinced the its an oversight.

So I will just include a small letter saying how in some counties, the details in the passport are still hand written and thats made some idiot's 1 look like a 4 with a stupid rubber stamp...or something like that

Here is the reply from IND:

When submitting your child's application please provide the original birth certificate. Providing we are satisfied that the error was an oversight, we will issue the registration certificate showing the correct date of birth

It seems that its a matter of having the correct date in the certificate and NOT whether it will be issued or not. So I am thinking that worst case scenario is that I will pay to get the certificate corrected instead of the £500 for the HO!

[resider]

Joseph- you were spot on! IND base children's nationality applications under section A category ONLY on mum/dad's ILR and the UK birth certificate. Nothing else matters really!

The date they used was from the UK birth certificate.

Thanks for the advice you all.

The registration came back 2 days ago. It took only 4 weeks!!