Child born to EEA national in UK

[malikkhan786]

I am Portuguese national and living in UK since Dec 2012 and working in a company since Dec 12.

My son born in Feb 2016 in UK.
I want to apply for his British nationality / passport.
Can I apply for that or not?
Could some one help me with the requirements?
Regards
Malik

[CR001]

Can I apply for that or not?

No you can't. Once you have attained permanent residency as a qualified person after 5 years of exercising treaty rights and have proof of permanent residency, only then can you register your child as British on form MN1 under section 1(3) of the nationality act. Once registration is approved, then you can apply for a passport.

[noajthan]

I am Portuguese national and living in UK since Dec 2012 and working in a company since Dec 12.

My son born in Feb 2016 in UK.
I want to apply for his British nationality / passport.
Can I apply for that or not?
Could some one help me with the requirements?
Regards
Malik

Passport comes later by separate application.

In first place, your son will be entitled to be registered as British once you have acquired PR.
Ref section 1(3) of BNA.
Use form MN1.

If you are exercising treaty rights as a qualified person this may occur as soon as December 2016 ie on 5th anniversary of you coming to UK.
(That is assuming you have not enjoyed any prolonged absences from UK).

Edit: beaten by CR001

[CR001]

If you are exercising treaty rights as a qualified person this may occur as soon as December 2016 ie on 5th anniversary of you coming to UK.

@noajthan - do you mean December 2017??

[malikkhan786]

Actually I came to UK Back in 2010 and have my NI number since Oct 2010.
I was not working and living with my brother. I started working in Dec 2012 as full time employed.
Before that I have NI letter iisued by HMRC and also some of the council tax bills and elctricity bills, bank acct etc dated 2010, 2011, 2012.
Can I apply on that basis. as I have more that 5 years from date of NI number

[noajthan]

If you are exercising treaty rights as a qualified person this may occur as soon as December 2016 ie on 5th anniversary of you coming to UK.

@noajthan - do you mean December 2017??

Ops, yes I do mean 2017.

Thankyou CR001!

[noajthan]

Actually I came to UK Back in 2010 and have my NI number since Oct 2010.
I was not working and living with my brother. I started working in Dec 2012 as full time employed.
Before that I have NI letter iisued by HMRC and also some of the council tax bills and elctricity bills dated 2010, 2011, 2012.
Can I apply on that basis. as I have more that 5 years from date of NI number

Just living in UK is not enough.
In order to be in UK legally (after first 3 months), you, as an EEA national, have to be exercising treaty rights, for example: working, studying.
Or you would need to be sponsored by an EEA national who is a qualified person; (eg a spouse).

If you were just living here then to qualify as a self-sufficient qualified person you would have needed CSI in place.
Did you have CSI at that time?

[malikkhan786]

Actually I came to UK Back in 2010 and have my NI number since Oct 2010.
I was not working and living with my brother. I started working in Dec 2012 as full time employed.
Before that I have NI letter iisued by HMRC and also some of the council tax bills and elctricity bills dated 2010, 2011, 2012.
Can I apply on that basis. as I have more that 5 years from date of NI number

Just living in UK is not enough.
In order to be in UK legally (after first 3 months), you, as an EEA national, have to be exercising treaty rights, for example: working, studying.
Or you would need to be sponsored by an EEA national who is a qualified person; (eg a spouse).

If you were just living here then to qualify as a self-sufficient qualified person you would have needed CSI in place.
Did you have CSI at that time?

what is this CSI?, sorry i am not familiar with these terms

[malikkhan786]

Actually I came to UK Back in 2010 and have my NI number since Oct 2010.
I was not working and living with my brother. I started working in Dec 2012 as full time employed.
Before that I have NI letter iisued by HMRC and also some of the council tax bills and elctricity bills dated 2010, 2011, 2012.
Can I apply on that basis. as I have more that 5 years from date of NI number

Just living in UK is not enough.
In order to be in UK legally (after first 3 months), you, as an EEA national, have to be exercising treaty rights, for example: working, studying.
Or you would need to be sponsored by an EEA national who is a qualified person; (eg a spouse).

If you were just living here then to qualify as a self-sufficient qualified person you would have needed CSI in place.
Did you have CSI at that time?

what is this CSI?, sorry i am not familiar with these terms

It seems as you have great knowlege of EEA matter,
My family has joined me in June 2014 and now they have 5 year resident card.
When will they become eligible to apply for british nationality or ILR etc
Thanks in advance

[CR001]

My family has joined me in June 2014 and now they have 5 year resident card.
When will they become eligible to apply for british nationality or ILR etc

Your family need to wait 5 years (2019) before they can apply for permanent residence (EU route) providing they/you meet the requirements. ILR is under the UK immigration route.

If you are British at that time, then they can apply for citizenship if they meet all the requirements. If you are not British, then they have to wait 12 months on permanent residence before they qualify.

[noajthan]

...

It seems as you have great knowlege of EEA matter,
My family has joined me in June 2014 and now they have 5 year resident card.
When will they become eligible to apply for british nationality or ILR etc
Thanks in advance

CSI is comprehensive sickness insurance (health insurance).

Any family members need to reside in UK for 5 years whilst their sponsor is exercising treaty rights here.
If not married to a British citizen, such a person needs to have held PR for a further year before applying for the privilege of citizenship.

As already mentioned, British passport comes last of all - by separate application.

[noajthan]

fyi - this will help you get up to speed with free movement and treaty rights:
http://ec.europa.eu/justice/citizen/doc ... 013_en.pdf

[Richard W]

Actually I came to UK Back in 2010 and have my NI number since Oct 2010.
I was not working and living with my brother. I started working in Dec 2012 as full time employed.
Before that I have NI letter iisued by HMRC and also some of the council tax bills and elctricity bills, bank acct etc dated 2010, 2011, 2012.
Can I apply on that basis. as I have more that 5 years from date of NI number

On what basis were you living in the UK in 2010? If you were here as a jobseeker, where '“jobseeker” means a person who enters the United Kingdom in order to seek employment and can provide evidence that he is seeking employment and has a genuine chance of being engaged' as the Immigration (European Economic Area) Regulations, Regulation 6(4) of November 2012 puts it, I believe you would actually acquired permanent residence in 2015, and so your son born in February 2016 would be British. You may find it difficult to prove that he is British.

[Kauffman Andre]

Morning Richard.

I got my daughter British passport in March 2016. I am a Italian living in UK since 2006.
She was born in UK in August 2014.
I dont have a PR yet, just applying now.
I did apply for her passport on the base of settlement person.
I had to provide that I was exercising treaty rights 5 years before she was born, so I send my employed and self employed documents from 2009-2010, 2010-2011, 2011-2012, 2012-2013, 2013-2014. ( P60s, Payslip etc )

After a month, they sent her British passport.

Hope it helps

Good luck

[ohara]

Morning Richard.

I got my daughter British passport in March 2016. I am a Italian living in UK since 2006.
She was born in UK in August 2014.
I dont have a PR yet, just applying now.

I did apply for her passport on the base of settlement person.
I had to provide that I was exercising treaty rights 5 years before she was born, so I send my employed and self employed documents from 2009-2010, 2010-2011, 2011-2012, 2012-2013, 2013-2014. ( P60s, Payslip etc )

After a month, they sent her British passport.

This means you already have PR

[Noetic]

This means you already have PR

Suspect he meant DCPR he's applying for now.

[Kauffman Andre]

Hi.

No, I dont have a PR. I have nothing basically. Only Italian passport.

When I sent the for to get my dauther's passaport, the asked me to provide 5 years exercising treaty rigths
before she was born. So I sent 2009-2010, 2010-2011, 2011-2012, 2012-2013, 2013-2014 documents like P60's, Payslip's. Month later, I received her passport.

Now, I am finishing to fill the for with 85 pages to apply my PR

[Kauffman Andre]

You’re automatically a British citizen if you were born in the UK after 1 January 1983 and 1 of your parents was a British citizen or settled here at that time. You don’t need to register.

https://www.gov.uk/register-british-cit ... after-1983

[noajthan]

Is anyone left here who is connected to malikkhan786?
A little unclear why OP's topic has been hijacked.

[Kauffman Andre]

Hi noajthan......

What do you mean :

A little unclear why OP's topic has been hijacked ?

[vinny]

What do you mean :

A little unclear why OP's topic has been hijacked ?

See also Thread Hijacking.

[Richard W]

Is anyone left here who is connected to malikkhan786?
A little unclear why OP's topic has been hijacked.

I think 'how' would be a nicer word. The deviation from the topic is because of the confusion caused by 'permanent residence' being acquired automatically, without the acquirer being aware of it, while the document certifying to its acquisition, the PRC or DCPR, has to be applied for.

The question we face in this case is whether the OP was lawfully resident in the UK by reason of the EEA regulations through February 2011 to December 2012. If he was, he has acquired PR and his son born in February 2016 is a British citizen. One remote possibility is that the OP was here lawfully as an 'extended family member' of his brother, in which case he will have held a 'residence certificate' in February 2011. The other possibility is that he was here lawfully as a jobseeker. I'm not sure that the answer to that question is obvious. A particular complication is that the law was different then.

[noajthan]

It was a rhetorical question and kindly refrain from 'moderating' and further hijacking the topic.
The nett effect is OP is long-gone and the topic degenerates into white noise.