EEA (PR) requirement for EEA child born abroad for MN1?

[adam_now]

I am trying to get clarification on documents required for a minor (4 years old) EEA citizen for his MN1 application under section 3(1). This is in light of the changes that were introduced on 12/11/2015 in terms of requirement for AN applications only (requiring EEA PR for EEA citizens). I have unfortunately received conflicting information regarding this query when using the phone helpline - one lady claimed on the helpline that EEA (PR) for a child is not needed and recently when my friend asked for the same advice they're said that a child requires a separate document certifying permanent residence.

Unfortunately I have not been able to find any direct guidance on this for the MN1 application (as opposed to AN it doesn't mention anything in regards to EEA PR), hence does anyone know if EEA PR documents for parents are enough to claim that child is free from immigration control?

Application would for MN1 under Section 3(1), as the child has been born abroad and none of the parents have had permanent residence or British citizenship at time of child's birth.

[noajthan]

I am trying to get clarification on documents required for a minor (4 years old) EEA citizen for his MN1 application under section 3(1). This is in light of the changes that were introduced on 12/11/2015 in terms of requirement for AN applications only (requiring EEA PR for EEA citizens). I have unfortunately received conflicting information regarding this query when using the phone helpline - one lady claimed on the helpline that EEA (PR) for a child is not needed and recently when my friend asked for the same advice they're said that a child requires a separate document certifying permanent residence.

Unfortunately I have not been able to find any direct guidance on this for the MN1 application (as opposed to AN it doesn't mention anything in regards to EEA PR), hence does anyone know if EEA PR documents for parents are enough to claim that child is free from immigration control?

Application would for MN1 under Section 3(1), as the child has been born abroad and none of the parents have had permanent residence or British citizenship at time of child's birth.

The guidance is indeed unclear for EEA minors born abroad.
There is no specific requirement that a PR card is required for a minor.
(Even though adults would now require one in order to naturalise).

However there is an expectation that a child born abroad is settled.
For EEA nationals that means acquiring PR - which takes 5 years.
That is clearly a challenge for a 4 year old.

There is this framework to consider - from MN1 guidance notes:

The child’s connections with the UK - we would expect the child to be free of any restrictions on his or her stay in the UK.

Where the child’s future is likely to lie - the parents’ views.

The parents’ nationality and immigration status – we expect either both parents to be British citizens or one parent a British citizen and the other parent settled in the UK.

Whether the child is of good character (if the chid is over the age of 10)

The length of time the child has lived in the UK – we expect at least 2 years residence (particularly if the chid is over the age of 13)

It may be prudent to apply for confirmation of PR for your child (after 5 years residence in UK).

Do parent/s have ambitions for the privilege of citizenship?
- as above, one parent would be expected to be naturalising at (or before) the time the minor is registered.

[adam_now]

The guidance is indeed unclear for EEA minors born abroad.
There is no specific requirement that a PR card is required for a minor.
(Even though adults would now require one in order to naturalise).

Thank you so much for your response and for confirming that it's unclear . For a moment I thought it's only me being unable to interpret the regulations.

However there is an expectation that a child born abroad is settled.
For EEA nationals that means acquiring PR - which takes 5 years.
That is clearly a challenge for a 4 year old.

This is indeed a tricky one - but wouldn't EEA child's status be derived from his parents? So if a mother or father would have EEA PR the child should have the same status automatically (it's actually hard to find and verify in the European regulations).

Thanks - in this particular case, I have BC (acquired by naturalisation in 2014) and my wife has just applied for BC (based on EEA PR acquired in December 2015). We have send our son's application with my wife's, but NCS said that according to the advice they have been given from HO (contrary to what I've been told on the HO helpline) it is going to be rejected on the basis of our son not having a document certifying permanent residence.

We'll just have to wait and see I guess. Wondering if anyone has had similar experience?

[noajthan]

This is indeed a tricky one - but wouldn't EEA child's status be derived from his parents? So if a mother or father would have EEA PR the child should have the same status automatically (it's actually hard to find and verify in the European regulations).

...

We'll just have to wait and see I guess. Wondering if anyone has had similar experience?

Well yes, for UK route, ie under UK Immigration Regulations, the child's status would generally follow that of the least-privileged (in immigration terms) parent.

[adam_now]

Well yes, for UK route, ie under UK Immmigration Regulations, the child's status would generally follow that of the least-privileged (in immigration terms) parent.

Thanks! Will just have to wait for HO to come back on our son's application? If anyone has had similar experience (though I appreciate it's not a common case) - it'd be interesting to know their case?

Worst come worst - wondering what options we would have for his application once myself and wife are BC (so I understand not covered by EEA law anymore).

[adam_now]

However there is an expectation that a child born abroad is settled.
For EEA nationals that means acquiring PR - which takes 5 years.
That is clearly a challenge for a 4 year old.

I would challenge the requirement for a child to be settled to qualify under section 3(1). The following document - https://www.gov.uk/government/uploads/s ... 150402.pdf - only sets these requirements for parents and minor:
9.17.9 We should normally expect that:
* at least one parent is a British citizen or
* one of the parents has applied to be registered or naturalised as a
British citizen and the application is going to be granted (if the
parent’s application is to be refused, we should normally refuse the
minor’s application as well);
9.17.18 The length of residence in the United Kingdom is less important for
children under 13. If we are satisfied that their future lies here, and
that registration would otherwise be appropriate, we need not
normally take into account the length of residence here. There will be
plenty of time for the children to establish their own personal
connections with the United Kingdom before they become adults.

Though I appreciate it's still all to be done under the discretion of Secretary of State, so can be refused for any reason (or even without providing one), However the above are HO guidelines.

[noajthan]

I would challenge the requirement for a child to be settled to qualify under section 3(1). The following document - https://www.gov.uk/government/uploads/s ... 150402.pdf - only sets these requirements for parents and minor:
9.17.9 We should normally expect that:
...
...

Though I appreciate it's still all to be done under the discretion of Secretary of State, so can be refused for any reason (or even without providing one), However the above are HO guidelines.

Read on to 9.17.24. & 9.17.25 which covers freedom from immigration restrictions ...

We should normally a minor to be free of conditions of stay because the future of a child whose stay is restricted does not clearly lie here

We should therefore normally refuse an application for the registration of a minor whose stay in the United Kingdom is restricted to a specific
period

You are indeed in the Home Secretary's hands.

[adam_now]

Read on to 9.17.24. & 9.17.25 which covers freedom from immigration restrictions ...

We should normally a minor to be free of conditions of stay because the future of a child whose stay is restricted does not clearly lie here

We should therefore normally refuse an application for the registration of a minor whose stay in the United Kingdom is restricted to a specific
period

You are indeed in the Home Secretary's hands.

Thanks! That is definitely true - I shall post the outcome of my son's application once processed by HO! It's indeed a very non-straight forward case .

On the freedom from immigration restrictions you've mentioned one can once again argue on that for an EU minor. As it'd difficult to actually name any immigration restrictions in case of a EU child with parent with EEA (PR) that he/she might be subject to?

[adam_now]

Thanks! That is definitely true - I shall post the outcome of my son's application once processed by HO! It's indeed a very non-straight forward case .

I am more than happy to inform that Home Office has been understanding and granted my son (as part of family application with my wife) citizenship (MN1 - Section 3(1) )!

The timeline (for everyone's benefit) has been the following:
* father granted citizenship in November 2014,
* mother given DCPR December 2015,
* child born in EEA country in September 2011, came to UK in October 2011 and lived here since. However due to being here less than 5 years has not been given DCPR on its own (TBH never even tried applying for it, having assumed the status might be inherited from his parents - that's been the whole concern raised and discussed in this thread)
* both granted citizenship in March 2016

[noajthan]

...

I am more than happy to inform that Home Office has been understanding and granted my son (as part of family application with my wife) citizenship (MN1 - Section 3(1) )!

The timeline (for everyone's benefit) has been the following:
* father granted citizenship in November 2014,
* mother given DCPR December 2015,
* child born in EEA country in September 2011, came to UK in October 2011 and lived here since. However due to being here less than 5 years has not been given DCPR on its own (TBH never even tried applying for it, having assumed the status might be inherited from his parents - that's been the whole concern raised and discussed in this thread)
* both granted citizenship in March 2016

Good news indeed.