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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

A side of a passport or a birth certificate is there any other way of proving eligibility to work in the UK?

137 replies

Fuckingfuming1 · 18/09/2023 08:08

I’m obviously just posting here for traffic

OP posts:
Figment1982 · 18/09/2023 08:49

Immigration lawyer here. Absolutely you can use an expired British passport for the check - but it needs to be an original, not a photocopy (have the Passport Office got her expired one?). I know someone else has confirmed this for you up the thread, but here is the link that proves it:

www.gov.uk/prove-right-to-work

If you’re a British or Irish citizen, you can prove your right to work in the UK with either of the following:

  • a British passport
  • an Irish passport or passport card
Your passport or passport card can be current or expired.

When you obtained the birth certificate for your child, did you also register it with the British Consul where you were living and obtain a birth certificate from them? If so, I have also seen those used to meet right to work checks, as it still counts as a UK issued birth certificate.

BCCoach · 18/09/2023 08:49

Have you actually tried ordering a British overseas birth certificate? If you still have her foreign birth certificate the process should be fairly straightforward: https://www.gov.uk/government/publications/overseas-birth-certificate

Overseas birth certificate

Application form to order a birth certificate for a birth that was registered overseas.

https://www.gov.uk/government/publications/overseas-birth-certificate

Fuckingfuming1 · 18/09/2023 08:50

BCCoach · 18/09/2023 08:41

I've never told them, and certainly never sent my other passport when renewing my British passport. Never had a problem.

It would only be a problem if you went into the country that you hold the second passport for and then try to return on it. They wouldn’t let you in. Because in theory, you’ve never left the country on a British passport so if you try and come back in again on a British passport, the computer says no. But then when you try and come back in on the other passport from the other country, you will then get question to high heaven about your British nationality which is fine. It’s all on the computer but they just have to check.

OP posts:
Fuckingfuming1 · 18/09/2023 08:54

@Figment1982 thank you. It’s still gonna take seven days for them to process it but better than nothing.

OP posts:
Okki · 18/09/2023 08:58

I travel on 2 passports. If I'm going to my other nationality country, I leave and re-enter UK on my British and then enter and leave other country on that passport. If I'm going anywhere else, I usually just use my British.

I've never previously mentioned dual nationality at renewals for myself or my children, but I forgot and did at DD's last renewal and I spent the whole time worrying they'd lose the other passport. Which thinking about it, was expired and I didn't have to do anything. Though she is under 18. What a pain for you!!

boromu222 · 18/09/2023 09:07

herewegoagainfriends · 18/09/2023 08:34

Well, I’m not posting my own birth certificate online to prove to a bunch of random people that mine says I’m British from birth…

Doesn’t help the OP anyway. It sounds as if her daughter has citizenship of the country where she was born. I don’t.

I'm not saying that YOU BC doesn't say that. I'm saying your suggestion that all foreign BC (you don't know what country OP refers to, yet you asserted that her BC long form would say she is British) is ludicrous.
Which it is.

MoonShinesBright · 18/09/2023 09:09

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boromu222 · 18/09/2023 09:10

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Did you not read any of the thread? Not even the first post?

HunterHearstHelmsley · 18/09/2023 09:17

IWD23 · 18/09/2023 08:26

An expired British passport is fine for RTW checks, as long as she still looks like the picture.

Yep. As long as it's the actual passport, not a scan or a copy. I check RTW at work, I would accept a copy with something from the passport office saying it's being renewed. I'd risk losing my job if I did.

ŁadnaPogoda · 18/09/2023 09:17

Hi there - as others have said, you can get a British birth certificate from the Embassy or Consulate where your daughter was born (except for, I think, Canada, Australia and New Zealand). I’ve no idea why the Passport Office are holding up your daughter’s passport renewal, pending renewal of her foreign passport. They shouldn’t do this - we recognise dual nationality. I’d write to your MP - that should get things moving.

ŁadnaPogoda · 18/09/2023 09:20

I’ve also never seen a foreign birth certificate that states British nationality - how would a foreign government know? British nationality is really complex! (I used to issue passports and do nationality work overseas.)

BCCoach · 18/09/2023 09:20

Fuckingfuming1 · 18/09/2023 08:50

It would only be a problem if you went into the country that you hold the second passport for and then try to return on it. They wouldn’t let you in. Because in theory, you’ve never left the country on a British passport so if you try and come back in again on a British passport, the computer says no. But then when you try and come back in on the other passport from the other country, you will then get question to high heaven about your British nationality which is fine. It’s all on the computer but they just have to check.

There aren't any exit controls in the UK - 'they' have no idea what passport you left on because the only person you showed it to was the airline staff. And of course they would let you in if you show a UK passport, why wouldn't they? There is no requirement (and no capability) for border force to match entries and exits. Even if there were exit controls in the UK, there wouldn't be any at the NI border or on the channel islands etc which would invalidate the whole thing.

I enter the UK on my UK passport. I enter and leave EU countries on my EU passport. It's absolutely fine to exit a country on one passport and enter your destination on a different passport.

Bearbookagainandagain · 18/09/2023 09:29

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It is their business if you have dual nationality, particularly if your birth was never registered in the UK - which from what I understand is the case here.

@Fuckingfuming1 your daughter should look into registering her birth in the UK, but I'm not sure if she can actually do it in the UK. Obviously rules might be different but I'm in the process of registering my kids's birth in my home country and I can only do it via the ambassy here in the UK, they wouldn't let me do it in my home country.

Fuckingfuming1 · 18/09/2023 09:29

@BCCoach There are exit controls in that you have to have a valid Visa for the country that you are going to enter at the other end of that flight. And you can’t get a Visa if you are a citizen of the country. Therefore, you must fly on the passport for the country that you were going to enter.
Believe me, we’ve had the opposite problem and been through this trying to get into the country that she was born in.

OP posts:
boromu222 · 18/09/2023 09:31

BCCoach · 18/09/2023 09:20

There aren't any exit controls in the UK - 'they' have no idea what passport you left on because the only person you showed it to was the airline staff. And of course they would let you in if you show a UK passport, why wouldn't they? There is no requirement (and no capability) for border force to match entries and exits. Even if there were exit controls in the UK, there wouldn't be any at the NI border or on the channel islands etc which would invalidate the whole thing.

I enter the UK on my UK passport. I enter and leave EU countries on my EU passport. It's absolutely fine to exit a country on one passport and enter your destination on a different passport.

Oh that's so sweet! You think that the only people who know what passports you enter and leave the country on are the airline staff?

Funny.

slapmyarseandcallmemary · 18/09/2023 09:34

You can use expired passport. I'm pretty sure it says that on gov.uk

Xiaoxiong · 18/09/2023 09:34

BCCoach · 18/09/2023 08:41

I've never told them, and certainly never sent my other passport when renewing my British passport. Never had a problem.

I tried this but as I was born in the other country, they then asked for my passport from the other country or proof I had given that citizenship up or they wouldn't renew my UK one. I really didn't like sending off both my passports but it was that or no renewal.

The only reason I can think that makes half an ounce of sense is to make sure that you don't have two valid passports with two different names on or different information.

Fuckingfuming1 · 18/09/2023 09:37

@Bearbookagainandagain the rules changed in 2006, so she has to just get a British passport they’re not gonna accept anything else because why wouldn’t they? She has one. I think it’s just to stop the system getting bogged down in unnecessary admin. Which is fair enough

OP posts:
Tartareistasty · 18/09/2023 09:41

Fuckingfuming1 · 18/09/2023 09:29

@BCCoach There are exit controls in that you have to have a valid Visa for the country that you are going to enter at the other end of that flight. And you can’t get a Visa if you are a citizen of the country. Therefore, you must fly on the passport for the country that you were going to enter.
Believe me, we’ve had the opposite problem and been through this trying to get into the country that she was born in.

The border agents don't care what you give to airline or about visa on exit afaik.
Eg my plane ticket is on British when entering UK, airline has that info, border doesn't care.

I entered my native country on my EU passport (also left uk on that one because I thought it has to match to what's provided for the ticket). On a way back I gave airline UK passport info, entered UK on UK passport. But had an interesting time at my EU border when agent wanted the EU passport and explained they don't care which passport I gave to airline, I should enter and leave on same one. But at UK border no one questioned that the UK passport hasn't left, only entered UK.

MargotBamborough · 18/09/2023 09:49

Fuckingfuming1 · 18/09/2023 08:50

It would only be a problem if you went into the country that you hold the second passport for and then try to return on it. They wouldn’t let you in. Because in theory, you’ve never left the country on a British passport so if you try and come back in again on a British passport, the computer says no. But then when you try and come back in on the other passport from the other country, you will then get question to high heaven about your British nationality which is fine. It’s all on the computer but they just have to check.

Wouldn't you just show your British passport to the British border control and your other passport to the other border control?

This is what we do with my kids.

StoatofDisarray · 18/09/2023 09:51

BingoandBlueyForever · 18/09/2023 08:11

How did you think foreign nationals who live and work in the UK prove they are eligible to work? I feel like that should be common knowledge?

It's not. Why would it be?

Bramshott · 18/09/2023 09:53

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I had a lot of extremely tedious to-ing and fro-ing with HMPO this year when renewing DD's British passport and getting them to accept that she was the same person as in her second nationality passport - the problem being that her British passport shows both her middle names and her other passport only shows one (because that's the format that country uses). I strongly wished I'd ticked "no" to the question of whether she was a dual national, but I reckon in this digital day and age it would probably flag up somewhere. At one stage they were insisting that the other passport be reissued with both middle names in, but in the end I got them to accept an email from the embassy explaining that they only print one middle name and that actually she IS the same person.

RoomOfRequirement · 18/09/2023 09:54

I don't think you have any options but to wait. Sorry OP.

I will say if working isn't specifically for money needed urgently, I don't think 2 more months will make a big difference in terms of experience for a 23 year old. I wouldn't cancel this application.

MargotBamborough · 18/09/2023 09:58

Bearbookagainandagain · 18/09/2023 09:29

It is their business if you have dual nationality, particularly if your birth was never registered in the UK - which from what I understand is the case here.

@Fuckingfuming1 your daughter should look into registering her birth in the UK, but I'm not sure if she can actually do it in the UK. Obviously rules might be different but I'm in the process of registering my kids's birth in my home country and I can only do it via the ambassy here in the UK, they wouldn't let me do it in my home country.

Why is it their business? What difference does it make?

Fuckingfuming1 · 18/09/2023 10:01

MargotBamborough · 18/09/2023 09:49

Wouldn't you just show your British passport to the British border control and your other passport to the other border control?

This is what we do with my kids.

I guess it depends which country you’re going into but no, you need to be able to prove that you are able to legally enter the country you are getting on a plane to visit before you are allowed to board. Otherwise how do they know that they can let you off the other end?

I suspect there is a link to your kids passports to their other passports which maybe mine doesn’t have because she’s older. Hopefully that will be rectified this time.

OP posts: