ILR appeal won, baby born before BRP

[jomakin]

Dear Moderators and Gurus,

My appeal for ILR Long Residence was allowed in the month of January 2017, I received a determination letter with Decision before the end of Jan. I was blessed with a baby girl in the month of Feb 2017. After two more months in the first week of April, a BRP card with ILR was sent to me by Home office.

My Question is "Will my daughter be eligible for British passport directly as a citizen, as she was born after I was allowed my appeal. Or my date of ILR is the date on my BRP which is in April 2017 and I will have to apply for MN1"

I spoke to my barrister on this issue and he said she is eligible for Citizenship directly. So I applied for it. Now the Passport office wants me to get a letter from Home office confirming my date of ILR.

Please help how can we get a letter from Home office confirming my status on one given date in January 2017 after judges decision.

Regards,

[bruteforce]

What is the date printed on your BRP?

[jomakin]

11 april 2017 is the date printed on BRP. Decision date is 16 Jan 2017. Baby born on 7 th feb 2017.
Regards

[secret.simon]

I believe (I could be wrong) that the barrister erred in the advice that he gave you.

As I understand it, in a judicial review application, the judge does not grant the ILR, he directs the Home Office to grant the ILR. Therefore the date of the judgement is immaterial because that is not the date of grant of ILR.

The ILR is granted by the Home Office in pursuit of the judge's order and you should have got a letter with the ILR BRP stating the date that it was granted. So, is there a different date of grant of ILR on the letter?

You acquired ILR when the Home Office granted it, not when the judge gave his order.

As I have said above, I could be wrong in my interpretation, but I am sure that I will be corrected by the learned members on these forums if my interpretation is wrong.

Please help how can we get a letter from Home office confirming my status on one given date in January 2017 after judges decision.

Apply for a SAR with the Home Office.

[jomakin]

Thanks Simon for your advice for SAR request.

Shall I specifically ask them to tell me my status a day after judges decision? Or Just make a Generic SAR request asking for all information held on me.

Regards,

[secret.simon]

Shall I specifically ask them to tell me my status a day after judges decision?

They won't answer a question like that.

The SAR will give you a dump of all the information that they hold on your system. You will need to comb through the information to answer that question. That should include the date according to the Home Office that you acquired ILR and any caseworker comments.

[bruteforce]

The day I got approved for ILR & the date printed on BRP are both same. I believe secret.simon is right.