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child born from EEA mother and RC holder father

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parisbynight
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child born from EEA mother and RC holder father

Post by parisbynight » Fri Aug 14, 2015 12:02 pm

hello,

i am an Eea national and my husband a pakistani national who just got his 5 years RC.

we are expecting a baby in end of nov .

i have autoamtically acquired the PR status but have never applied for a card as i never knew i needed it.

now i wish to apply for British passport for my child.

will he be eligible?

do i need to apply for a pr card first? it takes 5 months i heard and i want to travel with my baby after a month

how long does it takes for the baby first passport in our case? i am hoping it takes 4 weeks max...any experiences?

secret.simon
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Re: child born from EEA mother and RC holder father

Post by secret.simon » Fri Aug 14, 2015 12:20 pm

If you have acquired PR (by exercising treaty rights for five continuous years) AND the child is born in the UK after you acquired PR, then the child is automatically British by birth and is entitled to a British passport.

If you do not have a PR card (it is not required by law to have one), when you apply for your child's British passport, you will need to submit proof of having exercised treaty rights for five continuous years before the birth of the child. That proof will need to be verified by the Passport Office, so that part of the process would take as long as if you were to apply for the PR card for yourself. Once that is verified, the passport would take the usual issuance time.

4 weeks :) You are having a laugh. I would expect looking at close to four months if not more.

liquidweb
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Re: child born from EEA mother and RC holder father

Post by liquidweb » Fri Aug 14, 2015 1:08 pm

parisbynight wrote:hello,

i am an Eea national and my husband a pakistani national who just got his 5 years RC.

we are expecting a baby in end of nov .

i have autoamtically acquired the PR status but have never applied for a card as i never knew i needed it.

now i wish to apply for British passport for my child.

will he be eligible?

do i need to apply for a pr card first? it takes 5 months i heard and i want to travel with my baby after a month

how long does it takes for the baby first passport in our case? i am hoping it takes 4 weeks max...any experiences?
Just to put things in in perspective. Have gone through exact situation as you are going through now. You may check my post on BC time line. Long story short. This is our timeline.

EEA mother applied for BC in August 2014 and Received it in June 2015. Straight forward application. However, it took that long because PR was not attached to it. After the citizenship ceremony, applied for child's passport and received it in August 2015. So basically, it took my child 12 months to have the passport. What we could have done better.

Apply for PR for yourself using EEA(PR) form. For EEA national and in case of straightforward application, it should not take more than 6 weeks. Max 8 weeks.

Once you have the PR, apply for BC. This considering you have the PR, would take around 4-5 months maximum. After that getting passport for the little one is relatively easy and is the only kind of first passport that can be applied online. So you are looking at end-end around 6 months wait if everything going as smooth as it sounds while I am writing it. Good luck.

secret.simon
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Re: child born from EEA mother and RC holder father

Post by secret.simon » Fri Aug 14, 2015 1:24 pm

liquidweb wrote:Once you have the PR, apply for BC.
Not so fast. You need to spend one year on PR before applying for British citizenship, unless you are married to a British citizen.
parisbynight wrote:i am an Eea national and my husband a pakistani national who just got his 5 years RC.
It is quite clear that the OP is not married to a British citizen. So, she can not apply for British citizenship unless she has already completed 5 years of exercising treaty rights AND one year in the UK after that.

parisbynight
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Re: child born from EEA mother and RC holder father

Post by parisbynight » Fri Aug 14, 2015 2:32 pm

secret.simon wrote:If you have acquired PR (by exercising treaty rights for five continuous years) AND the child is born in the UK after you acquired PR, then the child is automatically British by birth and is entitled to a British passport.

If you do not have a PR card (it is not required by law to have one), when you apply for your child's British passport, you will need to submit proof of having exercised treaty rights for five continuous years before the birth of the child. That proof will need to be verified by the Passport Office, so that part of the process would take as long as if you were to apply for the PR card for yourself. Once that is verified, the passport would take the usual issuance time.

4 weeks :) You are having a laugh. I would expect looking at close to four months if not more.
so does tgat mean if i apply for a Pr card now, and hopefully i get it by end of nov, then i can apply for the child passport and it would take the said 4 weeks?

liquidweb
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Re: child born from EEA mother and RC holder father

Post by liquidweb » Fri Aug 14, 2015 3:18 pm

parisbynight wrote: i have autoamtically acquired the PR status but have never applied for a card as i never knew i needed it.
Alright my bad. But the above statement sounds like Parisbynight has already spent considerable time in the UK and is eligible to apply on her own for a BC.

Now with regards to whether your child will get the passport in 4 weeks is up for anyone's guess. However, normally MN1 application is fairly straightforward as it is entirely dependent on the settlement status of the parent. Once you attain your PR, you attain similar status as someone who is holding ILR, so you child is eligible to be registered as a British. Note that you are still not eligible to be registered as British unless you have spent (5 years + 1 year).

Have a look at MN1 FAQ here: http://www.immigrationboards.com/britis ... 95747.html

parisbynight
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Re: child born from EEA mother and RC holder father

Post by parisbynight » Sat Aug 15, 2015 10:52 am

liquidweb wrote:
parisbynight wrote: i have autoamtically acquired the PR status but have never applied for a card as i never knew i needed it.
Alright my bad. But the above statement sounds like Parisbynight has already spent considerable time in the UK and is eligible to apply on her own for a BC.

Now with regards to whether your child will get the passport in 4 weeks is up for anyone's guess. However, normally MN1 application is fairly straightforward as it is entirely dependent on the settlement status of the parent. Once you attain your PR, you attain similar status as someone who is holding ILR, so you child is eligible to be registered as a British. Note that you are still not eligible to be registered as British unless you have spent (5 years + 1 year).

Have a look at MN1 FAQ here: http://www.immigrationboards.com/britis ... 95747.html[/quote
do i need to apply for BC? i dont want to change my french passport.

i am out of job now. stopped as i fell pregnant and i had to travel. i have 5 years worth of p60. in 9years i spend in uk, 5 were education...Alevrls to degree and 3 with work. i have worked through university as well.

mgb
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Re: child born from EEA mother and RC holder father

Post by mgb » Sat Aug 15, 2015 1:06 pm

[quote="parisbynight"]hello,

do i need to apply for a pr card first? it takes 5 months i heard and i want to travel with my baby after a month

[/quote]

What about to apply for a EEA passport from your home country for the baby.

liquidweb
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Re: child born from EEA mother and RC holder father

Post by liquidweb » Sat Aug 15, 2015 5:24 pm

parisbynight wrote: Have a look at MN1 FAQ here: http://www.immigrationboards.com/britis ... 95747.html[/quote
do i need to apply for BC? i dont want to change my french passport.

i am out of job now. stopped as i fell pregnant and i had to travel. i have 5 years worth of p60. in 9years i spend in uk, 5 were education...Alevrls to degree and 3 with work. i have worked through university as well.
No you do not have to apply for BC. Just get a PR and once you have that apply for MN1 for your baby.

Other thing you can do is probably just get your child birth registered in French Embassy and get a French Passport for your baby. He will need visa to travel to non-EEA country. However, when you are back you have all the time in the world to prepare properly for your PR and MN1. I think this is possibly the easiest route considering your timeline. Later if you want your son to be registered as a BC, you can do so. French also allows dual citizenship. So if he ever becomes BC, he would still have his French citizenship.

parisbynight
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Re: child born from EEA mother and RC holder father

Post by parisbynight » Sat Aug 15, 2015 6:53 pm

liquidweb wrote:
parisbynight wrote: Have a look at MN1 FAQ here: http://www.immigrationboards.com/britis ... 95747.html[/quote
do i need to apply for BC? i dont want to change my french passport.

i am out of job now. stopped as i fell pregnant and i had to travel. i have 5 years worth of p60. in 9years i spend in uk, 5 were education...Alevrls to degree and 3 with work. i have worked through university as well.
No you do not have to apply for BC. Just get a PR and once you have that apply for MN1 for your baby.

Other thing you can do is probably just get your child birth registered in French Embassy and get a French Passport for your baby. He will need visa to travel to non-EEA country. However, when you are back you have all the time in the world to prepare properly for your PR and MN1. I think this is possibly the easiest route considering your timeline. Later if you want your son to be registered as a BC, you can do so. French also allows dual citizenship. So if he ever becomes BC, he would still have his French citizenship.
french would have been easier if i had gotten married in uk. i got married in pakistan. i was there for 2 weeks. niw i first need to register my wedding in the country of celebration which is pakistan and then ask them to issue a marriage certificate. for this i need to go pakistan and it takes few visits to the embassy and translatiin offices during a period of a year almost. only once i have the marriage certificate i can register my child born in uk.

soo complicated the frenh law i tell you.

is the mn1 the check and send passport service via the post office?

what if i get my child a pakistani passport and then return to apply for brtish passport?

i have to travel to pakistan.

boloney
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Re: child born from EEA mother and RC holder father

Post by boloney » Sun Aug 16, 2015 8:10 pm

secret.simon wrote:
That proof will need to be verified by the Passport Office, so that part of the process would take as long as if you were to apply for the PR card for yourself. Once that is verified, the passport would take the usual issuance time.

4 weeks :) You are having a laugh. I would expect looking at close to four months if not more.
it does't take that long. few of my mates used to follow this route (without PR card) and if it took 2 months that was all.
all what is needed is covering letter send with application and paperwork needed explaining situation and why child is British.

boloney
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Re: child born from EEA mother and RC holder father

Post by boloney » Sun Aug 16, 2015 8:14 pm

liquidweb wrote:
parisbynight wrote: Have a look at MN1 FAQ here: http://www.immigrationboards.com/britis ... 95747.html[/quote
do i need to apply for BC? i dont want to change my french passport.

i am out of job now. stopped as i fell pregnant and i had to travel. i have 5 years worth of p60. in 9years i spend in uk, 5 were education...Alevrls to degree and 3 with work. i have worked through university as well.
No you do not have to apply for BC. Just get a PR and once you have that apply for MN1 for your baby.

Other thing you can do is probably just get your child birth registered in French Embassy and get a French Passport for your baby. He will need visa to travel to non-EEA country. However, when you are back you have all the time in the world to prepare properly for your PR and MN1. I think this is possibly the easiest route considering your timeline. Later if you want your son to be registered as a BC, you can do so. French also allows dual citizenship. So if he ever becomes BC, he would still have his French citizenship.
what are you talking about?
OP child will be born in the UK after PR so child will be British from birth and no registration is required.

boloney
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Re: child born from EEA mother and RC holder father

Post by boloney » Sun Aug 16, 2015 8:15 pm

just to add something, you will need birth certificate and this can take at least couple of weeks, so I don't think you will get passport in 4 weeks.

liquidweb
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Re: child born from EEA mother and RC holder father

Post by liquidweb » Mon Aug 17, 2015 10:52 am

Boloney, you are a senior member. And I am just worried that some of your comments on this post clearly shows lack of knowledge on BC front.

Now if your child is born in the UK, and if one of the child's parent at the time of birth was permanent residence, then you REGISTER your child as a BC. YOU DO NOT apply for naturalisation. When you apply for MN1, you get Certificate of Registration for the child.

You cannot apply it from Post Office Check and Service. It is only for those whose parents are British. In your case, you will need to apply MN1 for your child stating that you are an EEA and you have PR status in the country. It took us 13 months to get it this way. Hopefully, it will be quicker depending on the application. Note that we run a highly successful Pharmacy and our earnings were never a problem, neither was our status as we both worked here LEGALLY from Day 1. I emigrated here as a highly skilled and so was my wife. So our case was as straightforward as anything we ever saw. May be were unlucky that it took 13 months. However, we were told if the EEA mother had received her PR (which takes 6 weeks) before applying for the BC application, it would have been more straightforward.

Always remember that your children gets the status not because they were born here but what was your status when they were born. This is the case since 1982 and even a mediocre legal consultant can guide you in that regards.

I understand the situation with French Law. Same was the case for my wife also. So instead of going back and forth and wasting our time, we decided that BC application was more straightforward.

You can apply for Pakistani passport for your child. However, to come back in to the country, you will need to apply an EEA Family Permit in Pakistan to come back in. But you are taking a massive gamble. Though for you it should not be too much of a problem as it is for the child.

Now you heard from me and some other people here. Take these notes and speak to the nearest NCS The guys there can really help you with the BC application and will provide you the right information.

parisbynight
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Re: child born from EEA mother and RC holder father

Post by parisbynight » Mon Aug 17, 2015 11:07 am

boloney wrote:just to add something, you will need birth certificate and this can take at least couple of weeks, so I don't think you will get passport in 4 weeks.
where and how i get a birth certificate. i thought this was done automatically at the hospital.

also are you sure that if a pply for the PR card, i wont need to apply for mn1 for my child.this will save me £700.!

i am thinking of applying for the card
before the birth and hoping it will come before the birth.

i am assuming it will take 8 weeks

papers i will send is my 5 years p60 copies and my studies certificate.

thanks

liquidweb
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Re: child born from EEA mother and RC holder father

Post by liquidweb » Mon Aug 17, 2015 11:30 am

parisbynight wrote:
boloney wrote:just to add something, you will need birth certificate and this can take at least couple of weeks, so I don't think you will get passport in 4 weeks.
where and how i get a birth certificate. i thought this was done automatically at the hospital.

also are you sure that if a pply for the PR card, i wont need to apply for mn1 for my child.this will save me £700.!

i am thinking of applying for the card
before the birth and hoping it will come before the birth.

i am assuming it will take 8 weeks

papers i will send is my 5 years p60 copies and my studies certificate.

thanks
Hi Parisbynight, if you apply for PR and get it. And then apply for MN1, your application will be easily processed and that is all really. MN1 fee is £749 and even though you are applying only to REGISTER your child as a BC, it is still required. The only way you do not pay any fee is if you both are British or one of the parent is British or if you are an overseas British Citizen. None of it is valid for you. So I personally feel the below is your best route.

1) Apply for your PR - Now
2) You receive your PR - Hopefully October 2015
3) Your child is born in November, apply for his/her MN1 - November 2015
3) Once you receive the certificate of registration from HO - January 2015
4) Go online on HMPO's website and apply for your child's first passport - January 2015
5) Print out the form and then attach pictures (one of them signed by a Signatory - a person who knows you for at least last 5 years in the UK) - January 2015
6) Send to HMPO and they will send the passport - January 2015

Roughly this would be your timeline if you do not spend any more time and just do it right away.

Note: Birth Certificate original takes about a week now in most cases after you apply at the local GRO. Depending on the area you are in, it can take maximum 2 weeks.

boloney
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Re: child born from EEA mother and RC holder father

Post by boloney » Mon Aug 17, 2015 6:06 pm

liquidweb wrote:
parisbynight wrote:
boloney wrote:just to add something, you will need birth certificate and this can take at least couple of weeks, so I don't think you will get passport in 4 weeks.
where and how i get a birth certificate. i thought this was done automatically at the hospital.

also are you sure that if a pply for the PR card, i wont need to apply for mn1 for my child.this will save me £700.!

i am thinking of applying for the card
before the birth and hoping it will come before the birth.

i am assuming it will take 8 weeks

papers i will send is my 5 years p60 copies and my studies certificate.

thanks
Hi Parisbynight, if you apply for PR and get it. And then apply for MN1, your application will be easily processed and that is all really. MN1 fee is £749 and even though you are applying only to REGISTER your child as a BC, it is still required. The only way you do not pay any fee is if you both are British or one of the parent is British or if you are an overseas British Citizen. None of it is valid for you. So I personally feel the below is your best route.

1) Apply for your PR - Now
2) You receive your PR - Hopefully October 2015
3) Your child is born in November, apply for his/her MN1 - November 2015
3) Once you receive the certificate of registration from HO - January 2015
4) Go online on HMPO's website and apply for your child's first passport - January 2015
5) Print out the form and then attach pictures (one of them signed by a Signatory - a person who knows you for at least last 5 years in the UK) - January 2015
6) Send to HMPO and they will send the passport - January 2015

Roughly this would be your timeline if you do not spend any more time and just do it right away.

Note: Birth Certificate original takes about a week now in most cases after you apply at the local GRO. Depending on the area you are in, it can take maximum 2 weeks.
You are newbie thats why we all should forgive you all this whats above. Don't make this more complicated than it is. It is straighforward application, if even of the parents have PR (card not required) before child was born and child is born in the UK than child is british from day one. All what is required is proff that even of the parents hold PR before child was born and birth certificate from local council. In case like this MN1 registration is not required as child is born British.

kubus
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Re: child born from EEA mother and RC holder father

Post by kubus » Mon Aug 17, 2015 6:13 pm

The information you are giving is incorrect. A child born in the UK to a parent (either father or mother) who has a permanent residence in the UK automatically acquire British citizenship. Assuming the EEA national holds a PR card or can provide 5 years treaty evidence, then the baby just apply for British passport (£46). MN1 is to register a child born after one parent has permanent residence or ILR.

@Parisbynight assuming you have PR like you said then your baby will be born British. You just apply for British passport for baby cost £46 by post or £55.75 for passport check and sent via post office. Just send evidence of PR or 5years treaty evidence and ofcourse referee to sign it.

kubus
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Re: child born from EEA mother and RC holder father

Post by kubus » Mon Aug 17, 2015 6:15 pm

My last post was directed to @Liquidweb

boloney
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Re: child born from EEA mother and RC holder father

Post by boloney » Mon Aug 17, 2015 6:20 pm

parisbynight wrote:
boloney wrote:just to add something, you will need birth certificate and this can take at least couple of weeks, so I don't think you will get passport in 4 weeks.
where and how i get a birth certificate. i thought this was done automatically at the hospital.

also are you sure that if a pply for the PR card, i wont need to apply for mn1 for my child.this will save me £700.!

i am thinking of applying for the card
before the birth and hoping it will come before the birth.

i am assuming it will take 8 weeks

papers i will send is my 5 years p60 copies and my studies certificate.

thanks
if you have PR than you will save yourself over 700 quid as MN1 will not be required. My two kids were born in the UK after I had PR (I was't British) and have British passports done very quickly one was done within a week second one about 3 weeks as passport office was doing some checks on the countersignee. Registration with local council will take few weeks as well so make sure you do you soon you get paperwork from hospital. You can book appoitment as soon as you go to hospital.

boloney
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Re: child born from EEA mother and RC holder father

Post by boloney » Mon Aug 17, 2015 6:50 pm

liquidweb you need to stop confusing people by giving them wrong advice, you should read Article 1 of British Nationality Act, this should make everything clear for you. If you can't understand it than I hope I won't be buying anything from your pharmacy :P

parisbynight
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Re: child born from EEA mother and RC holder father

Post by parisbynight » Tue Aug 18, 2015 8:59 am

kubus wrote:The information you are giving is incorrect. A child born in the UK to a parent (either father or mother) who has a permanent residence in the UK automatically acquire British citizenship. Assuming the EEA national holds a PR card or can provide 5 years treaty evidence, then the baby just apply for British passport (£46). MN1 is to register a child born after one parent has permanent residence or ILR.

@Parisbynight assuming you have PR like you said then your baby will be born British. You just apply for British passport for baby cost £46 by post or £55.75 for passport check and sent via post office. Just send evidence of PR or 5years treaty evidence and ofcourse referee to sign it.
thank you.

i have acquires the Pr status but if i apply for a card and the card comes after the birth. will i still need toprove the 5 years of treaty rights were exerced before the birth?

i am on holidays out of town till mid sept so i can only apply for my pr then.

liquidweb
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Re: child born from EEA mother and RC holder father

Post by liquidweb » Tue Aug 18, 2015 9:39 am

boloney wrote:liquidweb you need to stop confusing people by giving them wrong advice, you should read Article 1 of British Nationality Act, this should make everything clear for you. If you can't understand it than I hope I won't be buying anything from your pharmacy :P
Here is a desperate mother looking for information so she can share the joy of her life with the whole family and you are commenting almost trying to make a mockery of the whole situation.

Anyhow, Parisbynight, whichever way, I hope you will be lead to the result that you expect. Let us know what route you took and the outcome. Take care yourself.

boloney
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Re: child born from EEA mother and RC holder father

Post by boloney » Tue Aug 18, 2015 10:00 am

parisbynight wrote:
kubus wrote:The information you are giving is incorrect. A child born in the UK to a parent (either father or mother) who has a permanent residence in the UK automatically acquire British citizenship. Assuming the EEA national holds a PR card or can provide 5 years treaty evidence, then the baby just apply for British passport (£46). MN1 is to register a child born after one parent has permanent residence or ILR.

@Parisbynight assuming you have PR like you said then your baby will be born British. You just apply for British passport for baby cost £46 by post or £55.75 for passport check and sent via post office. Just send evidence of PR or 5years treaty evidence and ofcourse referee to sign it.
thank you.

i have acquires the Pr status but if i apply for a card and the card comes after the birth. will i still need toprove the 5 years of treaty rights were exerced before the birth?

i am on holidays out of town till mid sept so i can only apply for my pr then.
If date on PR card will be after child birth you don't be able to use it. You have to show that you acquired PR before child was born.

boloney
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Re: child born from EEA mother and RC holder father

Post by boloney » Tue Aug 18, 2015 10:03 am

liquidweb wrote:
boloney wrote:liquidweb you need to stop confusing people by giving them wrong advice, you should read Article 1 of British Nationality Act, this should make everything clear for you. If you can't understand it than I hope I won't be buying anything from your pharmacy :P
Here is a desperate mother looking for information so she can share the joy of her life with the whole family and you are commenting almost trying to make a mockery of the whole situation.

Anyhow, Parisbynight, whichever way, I hope you will be lead to the result that you expect. Let us know what route you took and the outcome. Take care yourself.
Exactly, there is someone looking for help and that what I'm trying to do, help. You on the other side not only giving wrong advice but also saying that advice given by others is wrong. Is it really too hard to get educated on this topic and stop making statements that are not right?

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