renewal British passport for a child born to EEA nation

[kacprus3]

Hi All,

My son was born in UK in Aug 2013. I have completed 5 years legal work before his birthday.
I came to UK from Poland and started working in uk in Sep 2004. Always had a full time job.
My son`s first passport was issued in Sep 2013 based on: - my immigration status.
With 1st application I remembered providing: correctly filled app, my passport, correct fee, 2 photos countersigned, P60 for 5 years prior his birthday. Passport arrived after 6 working days.
Last month I decided to renew and sent: app fee, correctly filled app, his old passport, 2 photos countersigned.

After about 2 weeks I received a letter requesting more evidence: " During the examination of the application we have notice that unfortunately not all required documentary evidence was requested at the time we issued a passport to XXX.
As you are a national of one of the A8 countries we need additional documents from you to determine whether XXX can hold a British passport.
British passport application for children born to 8 nationals needs additional checks to confirm the legal requirements have been met according to the British Nationality Act 1981 and the Immigration (European Economic Area) Regulations 2016.

Between 1 May 2004 and 30 April 2011 nationals from A8 countries were required their first employment within 30 days of taking up a post. Only when they had competed 12 months of continues employment under Home Office Worker Registration Scheme were they then free to work without restriction or authorisation.
In order for XXXX to get a British passport, this must have been completed at least 5 years prior to XXXX date of birth in the UK, unless you are able to demonstrate that you are exempt from this requirement.
What you need to do> Please send us: all Accession State Worker Registration Certificates issued to Mr XXXXXX together with his P60`s for 2004-2005 and 2005-2006 and all P45`s`issued to him, confirming his employment in the UK. Please also send EEA registration certificate or residence document (Home Office Blue Card) issued by UK Visa and Immigration issued to him.
We are unable to continue with the application until we hear from you, so please send us the requested proof of evidence as soon as possible".

I have WRS but the trouble is I have started work on 14 Sep 2004 and ISSUE date on certificate is 18 NOV 2004.

1) I dont know if that issued date"is when they received original application of my WRS òr the date when they actually issued due to large number of application. I simply dont remember when I posted this in 2004. Would that date matter? Will HMPO accept this WRS? Certificate was issued to me so in theory I have registered first job and have a proof.

2) I dont possess any of EEA registration certificate or residence document. Is it required when child born in UK to EEA parents apply for renewal of British Passport? I though that we get permanent residence automatically and this document was never required. Can you please help with this?

3) why they are asking me to provide evidence from 14 years ago while they say - this (1 years WRS and 5 years work) must have been completed at least 5 years prior to XXXX date of birth in the UK ? Can I submit only WRS from 2005? - I have worked for the same company for 5 years on that WRS. They must have all details when I started work, dont they - if they asking me for P60 from 2004. I still have WRS from 2004/

4) They not mentioned it needs to be original documents.
I dont keep original p60 from 2004. I also want to send copies of my WRS as they are very likely to loos it.
Will they accept copies?

5) "Law does not have a retroactive effect" - I dont think this apply to Her Majesty Passport Office but If they have not asked for all this documents back to 2013 and granted 1st passport/citizenship - is there any chances to still get a 2nd passport for my son even if EEA registration will not be provided and I will send copies of the rest required evidence?

Will someone can help with wording a letter in regards to above, especially about not holding EEA registration certificate.
Do you think it is worth to reply and has anyone had similar problem?

Many thanks in advance.

[Kruk]

Hi,

Re 1 - this should not be a problem. I started my work in June 2005 and my WRS was dated February 2006. My daughter get her first passport in 2012 and renewed one last year without any issue. I supplied my WRS during the first passport application.

Re 2 - What did you have provided when you applied for the first passport? You had to prove your 5 years in the UK either by supplying EEA permanent residence card (this was provided in my case) or by providing various documents P60, contracts, bills etc. This should be required only at the first application.

In general you will get the permanent residence status after working 5 years in the UK. But to prove this is a different story and this is why permanent residence car is very helpful otherwise you have to provide all documents again and again.

If you have provided this I would just confirm this to them (in my cover letter for renewal I stated that WRS was provided previously as last year there was a problem with HO asking for this again)

Re 3 - all depends when your son was born - you said it was August 2013 - under the rules you have to work for at least 5 years prior to his birth so you need to document all years from 2008. As WRS ended 30/04/2011 then you were still under the WRS. WRS is issues only once if you have worked for the same employer for at least 12 months or every time when you have changed the employed within the first 12 moths. After 12 months you were not required to re-issue the WRS. I would provide the first WRS registration certificate from 2004 and others if you have changed employer.

WRS is one thing and working is another and this is why they need WRS and P60.

Re 4 - Well this is a tricky one - they always want originals. I took a copy of WRS (and get this Notarised) and have sent the original. The same was with all P60 and other documents. Unless your employer provides on-line payslips and on-line P60 you need to provide the originals. Just explain this in the letter if you do not have originals and why.

Re 5 - As long as you can prove your status 5 years prior to your son birth this should be ok. In general there was an issue with passports few years back when at the time they have not followed all the rules and requirements and some of the passports were issued not in line with HO guidance and requirements. This was recently discovered and some of the parents have been receiving this rejection letters with request for additional documents.

My friend have had similar issue but they asked him to provide WRS otherwise they will take back the passport and and will not issue new one he went to the local PM and the PM raised this with the HO as WRS was provided previously any way.

The best option for you is to provide all documents if you want to get the new passport. You can say that some of the documents they asked for have been provided previously (if this is the case).

To apply for passport you have to provide: "Evidence of one of your parents’ immigration status in the UK at the time of your birth". So this will be permanent residence card. Helpfully if you supply all docs and some cover letter they will take this into consideration.

Good luck.