Child Born in the UK to EEA Nationals

[klepakd]

Hi Everyone,

I wondered if the senior members of this forum can help me out. Me and my wife just had a daughter born on the 9th of November 2016. We are about to register her here in the UK on the 8th of December. I am currently trying to fill out the passport application form and I'm confused about which application form I should fill out. I have two of them on my hand the MN1 and S2 application forms. Me and my wife have been in the UK since 2005 so we have exercised the rights for much longer than 5 years. My question is about the form itself. Our daughter is currently classified as "stateless" she doesn't have a nationality. Does that mean we need to fill out the S2 form or you would suggest filling out the MN1 form anyway. I'd really appreciate your feedback.

Kindest Regards,

David.

[klepakd]

I just read the guide on the MN1. It states the following:

Children born outside the UK who are, and always have been stateless (have
no citizenship) see – guide S2

 Children born in the UK who are, and always have been stateless (have no
citizenship) see – guide S3


By looking at the guide, if the child at present is stateless but was born in the UK, I need to fill out the S3 application form correct?

Thanks

David.

[Casa]

Why do you think your child is stateless

[secret.simon]

Just because the child does not have a passport does not mean that s/he is stateless.

What is the nationality of your wife and yourself? There is a good chance that your child has inherited citizenship from either your wife or you or both.

Have either your wife or you acquired PR? If one of you has, apply with form MN1.

[CR001]

Have either your wife or you acquired PR? If one of you has, apply with form MN1.

Child born after OP and spouse been in UK for 11 years. Likely either or both attained PR a long time ago, therefore child will be automatically British if OP can provide the evidence of being a qualified person and attaining PR.

[Obie]

Have either your wife or you acquired PR? If one of you has, apply with form MN1.

Child born after OP and spouse been in UK for 11 years. Likely either or both attained PR a long time ago, therefore child will be automatically British if OP can provide the evidence of being a qualified person and attaining PR.

That is a good observation. If in the 12 years theRe has been continuous treaty rights and in the last 5, there has been no absence of 2 years or more, then I agree that child will be British.

[ohara]

I don't think there are many, if even any EEA countries which do not permit citizenship to pass down at least one generation to children born abroad.

FYI my sister was born with citizenship of UK, Switzerland, and Finland.

If for some bizarre reason both parents are unable to transmit citizenship jus sanguinis due to whatever nationality laws in their home country, and they are not settled in the UK (highly unlikely after 12 years residence), the child is most likely a British citizen automatically under the UN convention on the reduction of statelessness.

[secret.simon]

There are multiple unknowns at the moment regarding the OP's situation. Knowing his specific nationality and that of his wife (out of the 30-odd EEA nationalities) will help us guide him better, by for example, advising the statelessness of the children, WRS status/questions, etc.

So, I request the OP again to list the specific nationalities of his wife and himself for us to advise him further.