Help needed for child british passport using eea route

[francismorgan2015]

Please forum members i really need help and i have been an active follower of this forum but never joined .I need everyones help, this is my story i am a former family member of an eu citizen, i was married to my ex wife in 2008 and moved to uk in 2010 from italy,we had so many issues and found out my ex wife got pregnant for another man so got divorced in 2012.I applied for rentention of right of residence in the UK AND ANOTHER RESIDENCE CARD was issued, now i recently had a new born in the UK and would like to apply for british passport for the child as i have spent 5 years in the UK and have permanent residence automaticaly. Me and my ex wife arrived in UK september 2010 and she started self employment in october 2010 till october 2012 then started employment in october 2012 till present and i have been in employment since 2011 till date. I have my ex employment history from 2010 till 2013 and i also have evidence of her National insurance payments from 2010 til 2013. I want to know if i can send the employment history and evidence of NI then along with my divorce certificate,a letter from ukba confirming my retained right of residence and a letter outling that i have permanent residence automatically after 5 years since we arrived in the UK.

[francismorgan2015]

Pls can anyone help with advise am so desperate

[Torex]

If your employment started in 2011, then 5 years have not passsed and you don't have PR status.
Regarding your ex-wife, based on working history, she might have exercised the Treaty Rights and therefore holding PR status.
October 2010 - October 2012 - she was self-employed
October 2012 - present - she is a worker

The key dates are the start of self-employment and the birth of the child.
If she started the business in the middle of October 2010 and the child was born in the first week of October 2015, then I'm afraid 5 years have not passed.
If she registered the business straight away after starting it, then it makes it a lot easier for you to prove that your child is British. If she didn't, then you will need to provide some good evidence of when it started as it is a crucial date.

As the evidence of being self-employed your ex will need to provide the following:

An EEA national claiming to be self-employed must provide evidence to show their business activities.
1) Registration of the business or evidence of self-employment activities for the whole five years period,
2) Evidence that they (or their family members) has not become a burden on the benefit system plus any relevant evidence listed in paragraph 3.6 above.
3.6 The documentary evidence required to show this should be one or more of the following:
- passport with an endorsed ILR/ILE, NTL, Document Certifying Permanent Residence stamp or Permanent Residence Card issued before the child’s birth or
- letter from UKV&I showing that the parent(s) had ILR/ILE or NTL in the UK before the child’s birth or
- passport/document showing a Residence Card or Registration Certificate issued five years before the child’s birth and a letter confirming that the parent(s) were not receiving benefits or
- statement from HMRC showing yearly totals of credited National Insurance between the relevant dates or
- statement from HMRC confirming tax returns between the relevant dates or
- letter from an employer and some other documents showing evidence of employment between the relevant dates see paragraphs 3.3 & 3.4 above for details
of other documents and validating employers’ letters respectively.

https://www.gov.uk/government/uploads/s ... Policy.pdf