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Not necessarily. If the child is UK born, it is entitled to register.Wanderer wrote:Child follows least privileged parent as I understand it.
Were you on a Tier 4 Student visa?3) What was your immigration status before the Residence Card? I was studying
I thought registration under 1(3) also entitled children born to parents who are not settled when the child is born but eventually get settled status?? Correct me if I'm wrong.LilyLalilu wrote:If your child is indeed UK-born then only one parent's evidence of having achieved settlement before the child's birth is required and they must have asked for the other parent's documents in error (probably the case of a confused HMPO caseworker). Just send them a letter quoting the relevant sections from the Nationality Act.
I'm a bit confused by your post though and it would help if you could provide more details; were you British before the child's birth? And if you are a BC, how can you exercise treaty rights in the UK?
It is, but it sounds like the OP here was settled / naturalised as British before the child was born, in which case the child would automatically be British by birth and not require registration.Chinho2k wrote:I thought registration under 1(3) also entitled children born to parents who are not settled when the child is born but eventually get settled status?? Correct me if I'm wrong.LilyLalilu wrote:If your child is indeed UK-born then only one parent's evidence of having achieved settlement before the child's birth is required and they must have asked for the other parent's documents in error (probably the case of a confused HMPO caseworker). Just send them a letter quoting the relevant sections from the Nationality Act.
I'm a bit confused by your post though and it would help if you could provide more details; were you British before the child's birth? And if you are a BC, how can you exercise treaty rights in the UK?
Child was evidently born before OP became a BC.maninuk wrote:Hi LilyLalilu
I've been working in UK since 2005, had a EU family Permit Feb 2007-2012
A baby was born in Mar 2012
I have applied for British citizenship in 2013 and got my passport accordingly
Yes.maninuk wrote:Or has HM passport rules changed recently?
For you to automatically qualify for PR as a family member, it's the EEA national who has to be exercising treaty rights continuously for at least 5 years. If your confirmation of PR was issued after your baby's birth, then they probably want to verify that you had attained PR prior to baby's birth.maninuk wrote:4) Are you an EU Citizen or a non-EU spouse? I was non- EU
Do you have DCPR or PRC? (presumably not)maninuk wrote:Dear All
We have applied for a child’s first passport and the case is still ongoing.
We have submitted so many supporting documents (p60s, payslips, employments letters) of both site for 5 years period that we were Exercising Treaty Rights between 2007 - 2012 yrs. And this week we received another unexpected letter from Passport office saying that “…....we need to see evidence that____ was exercising treaty rights in line with regulations...P60 received for ___ tax period 2008/2009 had an income of £3.000. For EEA national to be exercising treaty rights in line with regulations they cannot be overly dependent on public funds… when someone has low earnings, such as ___ in the tax 2008/2009, we require additional evidence to confirm that they are not overly dependent on public funds. please contact DWP..."
I cannot understand what is a low income to do with Child’s First passport?!
I was doing my own research and found that Minimum Earnings Threshold for EU national came into effect in Apr/May 2014 only but even though it should not effecting a child’s first passport as such. May be I’m wrong. Can anyone advise me on this case please? As my child’s passport case been going over 3-4 month now
Regards
So one of you should have acquired PR as early as 2011.maninuk wrote:hi noajthan,
the main applicant EEA national had PR that period, as I've mentioned both sides documents been submitted to HMPO. Both parties were full-time employed. EEA national been employed in the same place from 2006
A child born in UK in 2012
Both didn't claim any benefit for the period of 2004-2012
a caseworker mentioned that EEA national supposed to earn at least £8.000 annually for a child to be
eligible to British passport . Thats what confused me even more as I couldn't find such info on any Passport Guidance he was referring
Regards
maninuk
Still suggest get a benefits-related letter from DWP.maninuk wrote:noajthan,
we have received the letter few days ago only and been shocked about this low income query for the tax period of 2008/2009 for EU national
WRS been submitted to HMPO as well (with the same employer)
Both were full time employed for that period and up to date