MarkJP

Hello,

I'm applying for a passport for my newborn son. He was born in the Cayman Islands three months ago. I am a British Citizen (by descent - I was born in Canada), and my son is a British Citizen under the British Overseas Territories Act 2002 - Chapter 8, Schedule 1, because children born after 2002 in the overseas territories should be treated exactly as if they are born in the UK for purposes of British Citizenship, e.g. they are automatically a British Citizen if one parent is a British Citizen. So it doesn't matter that I am only British by descent.

I submitted his passport application and they received my documents about 9 weeks ago.

The Passport Office sent me a letter yesterday (scanned into a PDF and sent by email) that seems to only refer to the old British Nationality Act 1981 (even mentioning the obsolete "British Dependent Territories Citizens" and "British Overseas Citizens") , and says that since my son wasn't born in the UK, he's not British unless there are some obscure reasons like my father being in crown service when I was born, etc. Basically, it's a letter that would be correct if my son was born before 2002, but which is completely incorrect now.

I replied to the email address and explained how they were in error, but only received back an automated reply. I called the Passport general enquiries line, but they said that all they could do was send an email to the actual processing office (Durham) asking them to call me, which they have not done.

My question is: how can I get in touch with the right person to correct the mistake that they have made, and get them to continue processing the application? Do I wait a few days, or would that be a bad idea? Do I keep calling and emailing every day? Or is there some other way to contact them?

I'm worried that this application has been put in a pile of incomplete applications that they will ignore until they receive additional documents by mail. In my case, there are no additional documents to send, the ones they have are all that are needed. And I want to receive this passport as quickly as possible, since we are living on an island during hurricane season.

Any advice?

BritInParis

It sounds like your son's application has already been rejected. A couple of possible options:

1) Put the contents of your email in a formal letter and send it to Newport by registered post as outlined here.
2) Complain to your MP.

You should in theory do option 1 first but the second option may get things moving a little quicker for you.

MarkJP

They ended the letter with a request to send any additional documents that might support the rare (before 2002) cases where he might be a British Citizen (such as details of crown service of my father, which would imply I was British "not by descent"). And the last line was "Please let me know how you wish to proceed with the application".

So, I think in theory the application is in a holding pattern, and they will hold onto my documents. I think I just need to get someone to revisit it, recognize the mistake, and get it out of that holding pattern.

Here in Cayman, I think the Governor's office (part of the UK Foreign Office) is where I would be escalating this. I just wanted to be sure I had exhausted any other immediate options first...?

BritInParis

If you have replied as requested then there's not a lot to do except sit tight. If it's rejected then follow the complaints procedure.

Edit: You could also try 0845 601 5175 during UK office hours.

MarkJP

Hello, everyone,

The Passport Office got back to me today and acknowledged their mistake, so that problem is solved.

They are making me re-prove my British Citizenship, so I've had to order my father's birth certificate and parent's marriage certificate from the Government Records Office, and I'm getting them sent straight from there to the Passport Office, so hopefully the passport will only take another couple of weeks...

Which raises a different question: since British Citizenship now requires a parent to be a British Citizen (and has done for a few decades), going forward are people born in the UK going to have to provide marriage and birth certificates going back further and further generations? For example, are my great-grandchildren going to need my father's birth certificate and marriage certificate to prove that I was a British Citizen? Or at some point will the passport office stop requiring you to resend all the original documents?

BritInParis

Good result for yourself and a black mark in some passport examiner's copybook.

You raise an interesting question. It hasn't been a big problem thus far as the average age of parents has also been raising but since the first children born after 1983 are now north of 30 years of age and increasing having children of their own then it's going to be more and more common that the grandparents' paperwork is required in addition to the parents.

The General Register Office and Passport Office are now part of the same organisation so it will be interesting to see how it plays out. Moving the UK's births, deaths and marriages registration procedures out of the 19th century and into the digital age would be a good start.

JAJ

Perhaps use form NS to obtain (from the Home Office) a certificate of British nationality status. For both parent and child.

It's interesting, but not surprising, to see it confirmed that passports are not an acceptable long term evidence of citizenship.

MarkJP

The passport has finally been sent (shows status "dispatched" on the website)!

Documents submitted August 20, passport dispatched on October 29 , so ten weeks elapsed.

Thanks everyone!