โ† Get a British passport for an unregistered child

Submitting, the likely responses, and how to answer each one

8 min read

You have built the application. Statutory declaration sworn, covering letter typed, photographs countersigned, supporting documents collected, fee enclosed. This lesson is what happens from the moment the envelope leaves your hands.

The single most important thing to understand is this: the application is now a piece of correspondence in a system designed for a different kind of application. Most of the responses you will get are scripted. They are not personal. They are templates fired off by examiners who have a checklist that does not have a tick-box for what you have sent. Your job is not to argue. Your job is to answer, in writing, in the same calm tone as the covering letter, until the application reaches someone with the authority to grant it.

Posting it

Use Royal Mail Special Delivery. The cost is small. The benefit is that you get a tracked, signed-for delivery with a guaranteed time of receipt. Keep the receipt and the tracking number in your file. That date is the day the clock starts.

HMPO's published service standard for a first child passport is around three weeks for a standard application and longer for one that needs investigation. Yours will need investigation. Expect six to ten weeks before you hear anything substantive. Do not chase before week six.

The acknowledgement

You will usually receive a short acknowledgement letter or email within ten days, confirming the application has been received and giving you a reference number. Save the reference. You will need it on every subsequent piece of correspondence.

If you do not get an acknowledgement within fourteen days, send a brief letter to the address you posted it to, citing the Royal Mail tracking number and the date of delivery, asking for confirmation. Do not panic. Acknowledgements get delayed, particularly in summer.

The likely responses

There are five responses you might get, in rough order of likelihood. We will go through what each one means and exactly what to send back.

Response 1: "We require a birth certificate to process this application."

This is the most common. It is a template. The examiner has reached the box on their checklist that says "birth certificate" and ticked "missing." They have sent the standard letter without reading the covering letter or the statutory declaration.

Your reply is short and refers them back to what was already sent.

Dear Sir or Madam,

Thank you for your letter of [date] regarding application [reference].

The application was submitted with a sworn statutory declaration in lieu of a birth certificate, as the child has not been registered under the Births and Deaths Registration Act 1953. The covering letter and the declaration itself, both submitted with the application, set out the basis on which the application is made.

I would be grateful if the application could be reviewed in light of the documents already submitted. The child's entitlement to British citizenship under section 1(1) of the British Nationality Act 1981 is not contingent on registration.

If a senior examiner could be assigned to the file, that may assist. I am content to provide further sworn statements if required.

Yours faithfully, [Name]

That paragraph asking for "a senior examiner" is doing real work. It politely escalates without complaining. The next person who picks the file up is more likely to have the authority to make the call.

Response 2: "Please provide a long-form birth certificate within 28 days or the application will be closed."

This is the firmer version of response 1. It comes with a deadline. Do not let the deadline pass. Reply within seven days of receipt, in writing, by the same method you posted the original.

Use the same letter as above, with one addition at the end:

I confirm that no birth certificate exists or can be obtained, as the child has not been registered under the 1953 Act. I respectfully ask that the application not be closed on this basis. I am willing to attend an interview at any HMPO office to provide further evidence in person.

The offer of an interview is important. It signals you have nothing to hide and forces HMPO to either accept the offer, which moves things forward, or decline it, which weakens any later refusal.

Response 3: "Please complete and return the enclosed form / explain why no registration was made."

HMPO sometimes sends a supplementary form when an application does not fit their standard process. The form usually asks why no registration exists and invites the parent to commit, in writing, to going and registering. Treat it as a fishing exercise rather than a mandatory next step.

Do not complete the form as written. It asks questions designed for a different scenario, mostly cases where a registration should have happened but did not, and the parents are seeking to regularise the position.

Do reply explaining that the form does not apply, in these terms:

The enclosed form appears to be designed for cases where a birth registration was required but did not occur, or where a registration is being applied for late. Neither situation applies here. The parents have not registered the birth and have no intention of doing so. The application proceeds on the basis of the child's entitlement to British citizenship by descent, which is independent of any registration question.

The statutory declaration enclosed with the application sets out all the facts that would be recorded by a birth registration: full name, date and place of birth, and parentage. I respectfully suggest that the declaration is the appropriate document to assess the application against.

Do not be drawn into discussing why you have not registered. That is not what is being asked. It is also not relevant to the entitlement claim, and giving reasons opens new arguments you do not need.

Response 4: A phone call from an examiner

This happens more often than you might expect. The examiner wants to "have a quick chat about the application." Two rules:

  1. Do not take the call live. Ask politely if they can put their questions in writing. Say: "I would prefer to respond in writing so that the answers are on the file. Could you send me your questions by letter or email?" Most examiners will agree.
  2. If you do take a call, take notes. Date, time, name and role of the caller, every question asked, every answer given. As soon as the call ends, write up the notes and post a confirming letter to HMPO recording what was discussed. This puts your version of the call on the file.

The reason for both rules is the same: spoken conversations can be summarised inaccurately on the file later. Written exchanges cannot.

Response 5: Outright refusal

Rare, but possible. The refusal letter will cite a reason. Read it carefully. The reason will fall into one of three categories.

  • Procedural. "We cannot process without document X." Reply with the document, or with an explanation of why the document is not available and what is being submitted in its place.
  • Evidential. "We are not satisfied that the child is the child of the named parents." Reply by offering further evidence. DNA test results between parent and child, certified by an accredited laboratory, are decisive. Sworn statements from the GP or midwife present at the birth carry weight. Hospital records, if any.
  • Substantive. "We are not satisfied the child is entitled to British citizenship." This is the rarest and the most serious. If this comes back, the next step is a formal request for reconsideration, followed if needed by a pre-action protocol letter for judicial review. A solicitor is an officer of the court and serves the system first; do not make one your default. Try a McKenzie friend, a lawful-rebellion or nationality-law support network, or a barrister via direct access first. A solicitor in this area is a tactical last resort, used for the narrow task of drafting and naming yourself as a litigant in person on the file.

A substantive refusal where both parents are demonstrably British citizens by birth is almost impossible to defend, because the statute is clear. Most refusals that look substantive on first reading are actually procedural in disguise, and the right reply is the one for response 1.

When the passport arrives

It will come in a plain envelope, separate from any documents you sent in. The documents follow in a second envelope a few days later. Check the passport for accuracy: name spelling, date of birth, place of birth. Errors in any of these need correcting before first use, by writing back to HMPO with the passport returned.

The passport is full validity. Five years for a child under sixteen. It is a normal British passport in every respect. There is nothing on it that marks it as having come through an unusual route. There never is.

A note on patience

The single biggest predictor of success in these applications is the parent's patience. The system is slow. The system is repetitive. The system will sometimes ask you the same question three times in three different letters. Answer each one calmly, in writing, in the same measured tone, citing the same statute, referring to the same enclosed documents.

Do not threaten. Do not escalate to your MP unless the application has been pending more than six months without substantive movement. Do not write to the Home Secretary. Do not contact the press. All of those things mark the file as difficult and slow it further.

Quiet, patient, repetitive correspondence in the same calm voice. That is how unregistered-child passports get issued. It is also, not coincidentally, how almost everything in this work gets done.