Immigration status of a baby who was born in the UK

[SAA]

Hi all !!


Our baby was born in the UK in November 2007. At the time the baby was born we were married.
My husband is Portuguese, he entered the UK in 1990. He has not obtained indefinite leave to remain but since December 1990 has been present and settled in the United Kingdom including when our baby was born.

I am Russian. I was granted an extension of stay as the spouse of a person present and settled in the United Kingdom in November 2007. Because my husband did not hold indefinite leave to remain in the UK we had to provide documents showed his settlement here for 5 years during my applying for a spousal visa.
So in a way he has already proved his settlement in the UK to the HO.

We wish the baby has a British citizenship.

I have the following questions:

1. Has my baby automatically acquired British citizenship and eligible to apply for her first 5-year child passport as a British citizen or we have to apply for her registration using form MN1 ?

2. Does my husband have to provide the documents to prove his 5-year settlement in the UK for this purpose?


Thank you

[Decus et Tutamen]

from what I can see, your child has not automatically acquired British citizenship. Your husband may wish to apply for his permanent residence. Once he has this, he may then seek your son's discretionary registration as a British citizen under 3(1) of the '81 Act.

Alternatively, if your husband obtains his permanent residence and after a year applies for naturalisation as a British citizen, your son may then be registered by entitlement under section 1(3) of the '81 Act.

[SAA]

On the HO site I have read that there are two ways a child can automatically be a British citizen without needing to register.
One of them is that a child is born in the UK to parents who are settled in the UK at the time a child is born.
And then a child born in the UK to an EEA national after 30.04.2006 will be a British citizen if theit parent had been in the UK exercising a treaty right for more then 5 years OR has indefinite leave to remain.

????

[vinny]

1. If the father had a Permanent right of residenceat the time of his baby's birth in the UK, then I believe that the baby is automatically a UK citizen under section s1(1)( b ) of the British Nationality Act 1981. British children may apply for UK passports.

2. Yes. See also The child was born or adopted in the UK. They would need to verify her father's immigration status at the time of her birth.

[JAJ]

from what I can see, your child has not automatically acquired British citizenship. Your husband may wish to apply for his permanent residence.

Vinny has already responded, but husband is already a permanent resident (since 30 April 2006). So child is automatically a British citizen.

Once he has this, he may then seek your son's discretionary registration as a British citizen under 3(1) of the '81 Act.

If child had been born before husband got permanent residence, then it would be section 1(3) registration not 3(1).

Alternatively, if your husband obtains his permanent residence and after a year applies for naturalisation as a British citizen, your son may then be registered by entitlement under section 1(3) of the '81 Act.

Registration of a child under section 1(3) of the Act does not require the parent to naturalise.

Bottom line in all of this is that the child is British already and it would probably be a good idea for husband to become naturalised British.

No reason why child shouldn't have a Portuguese citizenship certificate and Portuguese passport as well.

[SAA]

Thanks for answer !
Does it basically mean we can just apply for her passport ?

[John]

Yes, but picking up on the word "just", as in " just apply for her passport ?", when the British Passport application is submitted it will be a question of proving that the child's father does indeed have PR status in the UK. So expect to have to submit documents proving that, that the father has indeed been exercising EU Treaty Rights in the UK for at least 5 years prior to the birth of the baby.

For example, the father is employed? If so, does he have forms P60 going back over 5 years at least?

[SAA]

Yes, my husband has all necessary documents for it.

As I understand correctly, husband can apply for his naturalisation as a British citizen only in a year period after applying for permanent recidense in the UK using form EEA3 . Is it correct ?

Thank you

[John]

No! Since the new EU regulations came into force on 30.04.06, applications on the EEA series of forms are effectively voluntary. That is, any sticker produced by such an application is merely confirmatory. The sticker, by itself, gives no additional rights. It merely proves that such rights are held.

So assuming that your husband has never applied for PR status, he automatically acquired PR status on 30.04.06, assuming he had been exercising EU Treaty Rights in the UK for at least 5 years.

Thus it follows that given that he has held PR status for at least one year, he is entitled to apply for Naturalisation now ..... assuming that he has passed the Life in the UK Citizenship test. If that test not yet passed, then he can apply as soon as he is holding the pass certificate.

[John]

I am Russian. I was granted an extension of stay as the spouse of a person present and settled in the United Kingdom in November 2007

What exactly did you apply for? What length of permit/visa was granted? And was there an application fee, or was it free?

[SAA]

I appllied for extension of stay as the spouse of a person present and settled in the UK using Form FLR(M), was granted leave to remain for a period of 2 years. It was not freeeeee what a shame £395

[John]

Who advised you to make that application?

[SAA]

Nobdy advised. I just looked on the HO site and decided that it was my case

[John]

Can I ask, when did the two of you get married? And how long have you been in the UK? And before you got that 2-year spouse visa, what was your UK immigration history?

[Wanderer]

Nobdy advised. I just looked on the HO site and decided that it was my case :oops:

I think this is where John tells you about the EEA Family Permit!

[John]

Well Wanderer, I am really not sure. Dependent upon the answers to those questions, she might have had PR, but all depends upon a number of factors.