[HELP] HMPO refuting citizenship decision by UKVI as supporting evidence for passport application

[gregw]

Hi there, I would like to get some guidance on my current passport application and how to reply HMPO that are refuting the validity of a supporting document from UKVI.

Situation:
- I'm 27 and applying for my first UK passport, and I'm claiming British citizenship through being born in the UK.
- Because of when I was born, to claim citizenship I would need to show that one of my parents is also British at the time of my birth (British Nationality Act 1981 CHAPTER 61 section 1(1)(a) ).
- My father is British by descent as my grand father was British by naturalisation and that was passed down to my father.
- I've actually had one passport application refused in the past as I didn't have direct evidence of my father being a British citizen at the time of my birth. I was advised by an immigration lawyer to obtain a status letter (document b) and use this as evidence, which is what I did for this passport application.

However HMPO just came back saying:
"The UKVI Status Letter appears to provide an incorrect nationality determination for his father and HMPO are currently in discussion with UKVI about this to confirm accuracy."


I'm not sure why they would refute this and HMPO is now asking for additional documents (British passport for my parents at the time of my birth) which I am unable to find. I'm lost as to what to do next and would like some guidance. I'm consider requesting HMPO to use balance of probabilities based on the evidence I have provided (my father's status letter, grandfather's naturalisation certificate, my birth certificate etc.), would this be my best course forward?

Thank you in advance!

[contorted_svy]

Could you clarify exactly what you mean by a "status letter"? If you mean this https://www.gov.uk/government/publicati ... us-form-ns
it is not unfortunately accepted by HMPO for passport applications british-citizenship/important-return-br ... l#p1593607

[gregw]

Thank you for your reply.

Yes I did apply for a form NS. However I provided it as a supporting evidence and not to prove my own citizenship but my father's. I've also provided all the documentation that they would require to prove my father's citizenship directly (i.e., my grandfather's naturalisation certificate and marriage certificate, my father's birth certificate) so that even if they wanted direct evidence it could be proven using those documents.

What I'm wondering now is that I wouldn't have anymore documentation than what I've already provided so want to request that they provide a passport on balance of probabilities given I've given 3 generations of documentation to show my family's history of being British citizens, would there be any other better way forward?

Thank you.

[contorted_svy]

@vinny @Obie may be best placed to attempt to help. HMPO should provide cogent reasons as to why they are rejecting your documents. See also Surprised Brits.

[gregw]

Thank you very much for sharing that @contorted_svy. really shocking to hear the stories of others on that thread.

Hopefully @vinny and @Obie have some guidance, this is all very appreciated, thank you!

[vinny]

Inexplicably, HMPO do not accept Nationality Status documents issued from 2018 as evidence of British citizenship.

I've also provided all the documentation that they would require to prove my father's citizenship directly (i.e., my grandfather's naturalisation certificate and marriage certificate, my father's birth certificate) so that even if they wanted direct evidence it could be proven using those documents.

Please ask them to explain what more evidence they need for your father’s British citizenship?

Moreover, if they had issued your father with a British passport prior to your birth in the past, then they should also already have evidence of your father’s British citizenship? Or are their records inadequate?

As you were born prior to 2006, did you also provide your parents’ marriage certificate?
What was your mother’s Immigration Status when you were born?

[secret.simon]

I think (not sure) that adding the Form NS letter muddied the waters, confused the caseworkers and they didn't look at the additional evidence.

I've also provided all the documentation that they would require to prove my father's citizenship directly (i.e., my grandfather's naturalisation certificate and marriage certificate, my father's birth certificate) so that even if they wanted direct evidence it could be proven using those documents.

To this, I would add your parents' marriage certificate and your birth certificate, then resubmit your passport application, without the Form NS letter.

[gregw]

Inexplicably, HMPO do not accept Nationality Status documents issued from 2018 as evidence of British citizenship.

I've also provided all the documentation that they would require to prove my father's citizenship directly (i.e., my grandfather's naturalisation certificate and marriage certificate, my father's birth certificate) so that even if they wanted direct evidence it could be proven using those documents.

Please ask them to explain what more evidence they need for your father’s British citizenship?

Moreover, if they had issued your father with a British passport prior to your birth in the past, then they should also already have evidence of your father’s British citizenship? Or are their records inadequate?

As you were born prior to 2006, did you also provide your parents’ marriage certificate?
What was your mother’s Immigration Status when you were born?

Yes I provided my parent's marriage certificate and also my own birth certificate. My mother was Malaysian at the time of my birth.

[gregw]

I think (not sure) that adding the Form NS letter muddied the waters, confused the caseworkers and they didn't look at the additional evidence.

I've also provided all the documentation that they would require to prove my father's citizenship directly (i.e., my grandfather's naturalisation certificate and marriage certificate, my father's birth certificate) so that even if they wanted direct evidence it could be proven using those documents.

To this, I would add your parents' marriage certificate and your birth certificate, then resubmit your passport application, without the Form NS letter.

My first application that was rejected did include all the documents you've mentioned actually. I gave them:
- My birth certificate (UK)
- My grandfather's naturalisation certificate - to show he was naturalised as able to pass on his British citizenship to my father
- My grandfather marriage certificate - to show my grandfather was married to my grand mother at the time of my birth
- My father's birth certficate (Malaysia) - showing he was born after my grandfather got married and also that my grandfather was my father's father, and hence he is a British citizen
- my parent's marriage certificate - to show that they were already married at the time of my birth

They rejected my first application on the basis that they couldn't prove that my father was a British citizen. I consulted an immigration lawyer and was advise to apply for a form NS letter, which I did and submitted with my second application (the one we're discussing now).

Thanks very much for your help in advance

[contorted_svy]

I really would ask on what grounds they can't prove your father wasn't British. What other proof do they need? Is the issue that the birth certificate is not in English? Could getting an official translation help?

[secret.simon]

My first application that was rejected did include all the documents you've mentioned actually. I gave them:
- My birth certificate (UK)
- My grandfather's naturalisation certificate - to show he was naturalised as able to pass on his British citizenship to my father
- My grandfather marriage certificate - to show my grandfather was married to my grand mother at the time of my birth
- My father's birth certficate (Malaysia) - showing he was born after my grandfather got married and also that my grandfather was my father's father, and hence he is a British citizen
- my parent's marriage certificate - to show that they were already married at the time of my birth

They rejected my first application on the basis that they couldn't prove that my father was a British citizen. I consulted an immigration lawyer and was advise to apply for a form NS letter, which I did and submitted with my second application (the one we're discussing now).

Thanks very much for your help in advance

Just to confirm, was your father's birth certificate dated within weeks of his birth and does it date his birth to after the date on your grandfather's naturalisation certificate?

If so, I think HMPO's refusal is in error. Can you reproduce below their refusal letter for this application, taking out all personally identifiable information?

[gregw]

Just to confirm, was your father's birth certificate dated within weeks of his birth and does it date his birth to after the date on your grandfather's naturalisation certificate?

If so, I think HMPO's refusal is in error. Can you reproduce below their refusal letter for this application, taking out all personally identifiable information?

Yes my father's birth certificate was dated <1 week after he was born and my grandfather's naturalisation certificated is dated a few years before my father's birth

@cortorted_svy his birth certificate is in English. (my father's marriage certificate was not in English (Malay), so I did get it translated by a company and sent along the translated version with a certificate, but that's not related to his claim on British citizenship)


See below the letter from HMPO without any identifiable information (apologies it is fairly long):


Dear XXX,

Application reference: XXX

Thank you for your passport application.

As you were born in the United Kingdom after 31 December 1982, you may have a claim to British citizenship if one of your parents was free from UK immigration control when you were born, so we need evidence to confirm this.

The UKVI Status Letter appears to provide an incorrect nationality determination for his father and HMPO are currently in discussion with UKVI about this to confirm accuracy.

With this being the case we need more documents from you. We need to know when your mother and father arrived in the United Kingdom and what documents they used to travel on.

What you need to do
Please send us:

If either of your parent’s have a British passport, please provide the passport number and its date of issue

The passports on which your mother and father used to enter the United Kingdom, or the passports/Home Office letter/permanent residence card showing that a parent had indefinite leave to enter or indefinite leave to remain in the United Kingdom at the time of your birth.
Please note we cannot accept photocopied documents and we can only accept laminated documents where the lamination is completed by the issuing authority as part of the standard issuing procedure for the document.

We haven’t received most recent foreign passport, travel document or identity document.

We need you to send the original document or colour photocopy, so we can check if the name matches the name asked us to show on British passport.

We will not issue a British passport in a different name.

If applying from overseas and sending a colour photocopy, make sure you send every page (including blank pages).

What you need to do
Check if the name they have used on British passport application matches the name on most recent foreign passport, travel document or identity document.

If the names match
Send most recent foreign passport, travel document or identity document to the address at the end of this message.

If the names do not match
Update name on foreign passport, travel document or identity document through the relevant authorities.
Send updated foreign document to the address at the end of this message.

If you cannot update the name on foreign document
Check if any of the following reasons apply:

• the issuing country prevents changes of name or only allows partial changes of name

• the issuing country does not allow dual nationality and has cancelled citizenship

• must travel to the issuing country to change name and this would place at risk

• the issuing country does not recognise or permit a change of gender and name has changed due to a change of gender

• used a shortened version of name because it was too long to fit on foreign document

If any of these reasons apply, get a confirmation letter or email from the relevant authorities and send it to the address at the end of this message.

If none of these reasons apply, or you cannot get confirmation, send a letter explaining why cannot update the name and include any evidence.

You must send original or official copies of letters.

Use a strong envelope that’s the right size for the documents.

Do not send a cover letter. The following address includes the application reference to match documents with applications.

Check the weight and pay the correct postage – consider using signed for delivery. Send them to:

XXX

We’ll return documents when we’re finished with them.

Do not reply to this email – it’s an automatic message from an unmonitored account.

Find out how to contact us at: https://www.passport.service.gov.uk/help

[secret.simon]

Did you get a refund for your earlier passport applications? If you did, I would suggest reapplying, with the evidence as above, and a cover letter walking them through who in your family had which British citizenship status. You can also request in the cover letter that the case be reviewed by somebody aware of the intricacies of legacy British nationality law, and perhaps at a slightly senior level, as it is not a standard case, but one with unusual features.

You should also write to the HMPO complaints team, making them aware that their staff may need training to recognise passport applications relying on legacy law and an appropriate escalation procedure for such applications.

[contorted_svy]

Did they return your documents, or can you ask them to return them?

[grw]

Part 1 of my story here: british-citizenship/hmpo-refuting-citiz ... I#p2145734

TLDR: HMPO rejected my passport application as they rejected my father’s claim to British citizenship even after a status letter was given by UKVI.

Long version of the story
I recently heard back from HMPO that they rejected my passport application, reason given was:

“British nationality is a matter of law and we issue British passports to those that have a claim under the British Nationality Act 1981. This is decided mainly by a person’s place and date of birth and their parents’ places and dates of birth.
From the information you have provided it would appear that you are not a British national. You should also have received a revised status letter regarding your fathers status at the time of Malaysia Independence and the time of your birth.
A person born outside the UK will be a British citizen if, at the time of their birth:

- either of their parents is a British citizen otherwise than by descent – such as by birth in the UK or registration or naturalisation as a British citizen in the UK
- their British citizen parent was born outside the UK and was in Crown, or similar service at the time of their birth. (This gives them British nationality other than by descent enabling them to pass on their British nationality).

Living in the United Kingdom has no effect on a person’s nationality.

Therefore, we have refused your passport application”


My father was a British citizen by descent (my grandfather was naturalised and able to pass it down 1 generation), and I even have a status letter proving this. So I’m not sure on what grounds are they refuting my father’s British citizenship.

I was born in the UK and also have automatic claim as my father is British. I recently discovered that my maternal grandfather was also naturalised so my mother is also potentially a British citizenship. (I even went to get a copy of this from the national archives and sent this in with application to strengthen it)

I've written to HMPO multiple times asking for my application to take into account on balance of probabilities (which is the standard that they should judge applications), but it seems that they are not doing that at all in this case.

Any help or advice much appreciated, thank you.

[vinny]

M.