British nationality for child born in UK. EEA Parent

[moctey]

Hi,

I have an EEA nationality and started to work full time in November 2010 in the UK stayed all the time in the country. I expect now a child for October 2015.

That will make 4 years and 11 month on 6 different calendar years (2010,2011,2012,2013,2014,2015).

Is this not enough to have PR status. Will I have to go through the registration process for my child and pay the 749£ fee ?

[noajthan]

Hi,

I have an EEA nationality and started to work full time in November 2010 in the UK stayed all the time in the country. I expect now a child for October 2015.

That will make 4 years and 11 month on 6 different calendar years (2010,2011,2012,2013,2014,2015).

Is this not enough to have PR status. Will I have to go through the registration process for my child and pay the 749£ fee ?

It takes 5 years of exercising free movement & treaty rights in UK to acquire PR.
A worker is just one type of qualified person under the EEA regulations.

Assuming you were in UK, what were you doing in the months before November 2010?
For example, were you a job-seeker or student or ??
You may be able to make up your 5 years of treaty rights for PR in this way.

If a parent is already settled in UK when the child is born (in UK) citizenship is acquired automatically; (no need to register).

If the child is born (In UK) first, and then a parent becomes settled you will register the child for citizenship using form MN1 under section 1(3) of BNA.
(The current fee is £749).

[moctey]

I was not in the UK before so it depends on how they check the 5 years. Are they that strict ?

If I have to pay 749£ I won't do the registration. If my child leave the country later and come back will he lose the right to register as a british citizen ?

[secret.simon]

I was not in the UK before so it depends on how they check the 5 years. Are they that strict ?

With regards to the 5 years, they are applying EU rules, not UK rules. And yes, they are that strict.

Are you from an A8 country? If you are, were you registered on WRS between November 2010 and May 2011?

The child will retain the right to register provided you retain your settlement status (PR) or become a British citizen and the child is under 18 years of age.

[noajthan]

If I have to pay 749£ I won't do the registration. If my child leave the country later and come back will he lose the right to register as a british citizen ?

Even if you never actually 'settle' but the child spends the first 10 years in UK he/she can still naturalise under 1(4) of BNA.

Note registration as a UK citizen confers many benefits, not 'just a passport'.
Yes it's expensive (and my family has spent '000s in past 6 years on migration issues) but consider it an investment in your child's future.

[moctey]

Are they that strict on the calculation of the 5 years ?

Even if you never actually 'settle' but the child spends the first 10 years

I meant if I settle and the child spend only 2 or 3 years in the UK ?

Yes it's expensive but consider it an investment in your child's future

Since my children will inherit automatically my EEA nationality I don't see many advantages of getting the british Citizenship especially if they make me pay 749£ for three weeks after paying so much tax.

[noajthan]

I meant if I settle and the child spend only 2 or 3 years in the UK ?

Yes if you maintain your PR (or naturalise) the child retains the option.
If you break your UK PR (over 2 years absence) you would reset the PR clock back to zero if you later returned to UK.

Since my children will inherit automatically my EEA nationality I don't see many advantages of getting the british Citizenship especially if they make me pay 749£ for three weeks after paying so much tax.

EEA national or UK national - until the child reaches maturity it's your call.

[secret.simon]

I suppose noajthan and I come from a different perspective to yours.

I was a non-EEA citizen and used to have to pay about £1500-2000 every two years and required three renewals, before paying another £2000 for the privilege of ILR. All this was of course over and above taxes. We were not eligible for any benefits and if we lost our jobs, our visas would be curtailed and we would have to leave the UK. We could not change employers as the visas were tied to specific employers and quitting the job automatically ended your visa.

In comparison, you have only had to pay your taxes, the equivalent of ILR for you, PR, you get automatically and for free. You can claim benefits and you can change employers. Registration for your child only costs £749 and it is for life.

I would say that you really should appreciate how little you have had to pay for staying in the UK.

Since my children will inherit automatically my EEA nationality

True, but there could be a Brexit in two years time.

[secret.simon]

I thought of a few more points where EEA migrants are considerably more privileged over non-EEA migrants in the UK.

a) The costs listed above did not list the cost of naturalisation and of getting a passport, which is another £1000.

b) If I wished to get either a non-EEA spouse or child born abroad before I naturalised to the UK, I would have to show annual earnings of £18,600 for the first person, £22,400 for two and £2,400 for every subsequent person. Their visas would be valid only for 2.5 years and they would have to reapply before they get ILR in their own right, followed by citizenship. You are again looking at about £650 per person per application + an NHS surcharge of £200 per person per year.

As an EEA citizen, if you wish to get your non-EEA spouse or child to the UK, you only have to apply for a free EEA family permit.

c) It is practically impossible to get the non-EEA parents of a British citizen to come to live in the UK on a permanent basis. Only 34 visas have been issued under this header in 2012-14.

As an EEA citizen, not only can you get your parents here on a free EEA family permit, you can also get your parents-in-law.

Just enumerating these points have shocked me into realising just how privileged EEA citizens in the UK are and why the Tories are pushing for a Brexit. All these exemptions (which are under EU law, not UK law) are enough to drive not just a coach and horses, but a whole oiltanker (apologies for mixing metaphors) through the UK immigration system.

I do not know if you would believe me when I say that I am pro-Europe. But given the sheer laxity of EEA regulations, I can see a clear need to tighten them.

[noajthan]

...

b) If I wished to get either a non-EEA spouse or child born abroad before I naturalised to the UK, I would have to show annual earnings of £18,600 for the first person, £22,400 for two and £2,400 for every subsequent person. Their visas would be valid only for 2.5 years and they would have to reapply before they get ILR in their own right, followed by citizenship. You are again looking at about £650 per person per application + an NHS surcharge of £200 per person per year.

As an EEA citizen, if you wish to get your non-EEA spouse or child to the UK, you only have to apply for a free EEA family permit.

...

+1

Ref b) not to mention the time, stress, fear & confusion involved in any dealings with HO and wrestling with the intricacies & shifting sands/moving goalposts of UK immigration law.

[moctey]

My goal was to find a way to make 4 years 11 month and some days acceptable for the 5 years rules.

Some non EEA deserves more than me the citizenship and it's a shame that it's a lot more difficult for them but it is completely off topic. I am not comparing myself to a non EEA resident but to someone EEA who stayed only 3 more weeks...

If Brexit I will probably loose my job go back to the continent forever.

[noajthan]

My goal was to find a way to make 4 years 11 month and some days acceptable for the 5 years rules.

Some non EEA deserves more than me the citizenship and it's a shame that it's a lot more difficult for them but it is completely off topic. I am not comparing myself to a non EEA resident but to someone EEA who stayed only 3 more weeks...

If Brexit I will probably loose my job go back to the continent forever.

Unfortunately the EU regulations are strict.

If you cannot find a few weeks at beginning of the period as a jobseeker (or even as a 'self-sufficient' person - with CSI/EHIC card) then you would need to register the child if s/he is born before you have PR.

Once you have PR you could naturalise in 12 months time & so secure your future in UK (if that is your long-term path).
In any case you will be eligible for child benefit; about 1 year of CB will pay the registration fee.
Think of it as recycling your taxes if you will.

Good luck.

Good luck.

[moctey]

Thanks but child benefit works only for low income.

I'll see but I'll probably won't register my child

[kikimora]

Hi,


I am from Lithuania and husband from Moldova. I came to UK in July 2005, from September 2005 was registered under Work registration scheme, in August 2007 obtained resident permit. Husband in UK since March 2004 and currently having an EEU family visa. My child was born in July 2008, she is now 7 years old and does not have any passport. I would like to apply for a British passport for my child and would like to find out how shall I do this?

I am not sure if I can just grab a from Post Office or I need to do it in a different way? Or shall we wait for her to get older? What options will be then?

My husband was working all this years and me too, except of time off for baby.
Thanks,

[secret.simon]

My child was born in July 2008

It seems implicit in the port, but can you confirm that your child was born in the UK?

What visa was your husband on before he got his EEA Family visa?

from September 2005 was registered under Work registration scheme

If you have worked under WRS since September 2005, you would have got PR in September 2010. As your daughter was born in 2008, she is not a British citizen even if she was born in the UK. SO, she can not apply for a British passport straightaway.

You will need to register her using form MN1 under Section 1(3), if your child was born in the UK.

[kikimora]

My child was born in July 2008

It seems implicit in the port, but can you confirm that your child was born in the UK?

What visa was your husband on before he got his EEA Family visa?

from September 2005 was registered under Work registration scheme

If you have worked under WRS since September 2005, you would have got PR in September 2010. As your daughter was born in 2008, she is not a British citizen even if she was born in the UK. SO, she can not apply for a British passport straightaway.

You will need to register her using form MN1 under Section 1(3), if your child was born in the UK.

My husband was with student visa when he arrived, when we got married in 2007 he has received EEA family visa an at the moment child was born he had this EEA family visa.

I have obtained my resident permit on 8 august 2007, it is a small blue kind of book with issue date but no expiry date. I went to get it to Home office fats track service.

Yes my child was born here in UK.

Thanks.