EEA (Spain) children born in UK

[EdinCR7]

Dear all,

We are a Spanish family living in UK. My wife (Spanish) works in the UK since 1997 and my two children were born in UK in 2004 and 2006. We are thinking to apply for the British passport for our children.

We have all the P60 except two of them but we have the payslips of these two years.

I have checked the pdf https://www.gov.uk/government/uploads/s ... idance.pdfand they ask for "Evidence that at the time of the applicant’s birth, parents held: Indefinite Leave to Remain, Indefinite Leave to Enter and No Time Limit"

We have the UK passport application form from the post office. Is it the right document for my children? Do you think the P60s will be enough?

Thank you very much for your help

[alterhase58]

From my reading of postings on the topic here I understand that if one of the parents had settled status in the UK (PR/ILR) before children's birth then children are British and can go straight for passport, with evidence of settled status. Not sure whether P60s prove that.
If a parent obtained settled status after children's birth they need to be registered as British first (form MN1) and then passport can be obtained.
I defer to the experts on the board to confirm in more detail.

[LilyLalilu]

https://www.gov.uk/government/uploads/s ... idance.pdf

For children born between 2/10/2000-29/4/2006 the settled status needed to be confirmed at the time as per p.2

I think if your wife did not apply for confirmation of ILR/ a NTL stamp at the time and both children were born between those dates, they are not citizens by birth and you cannot apply for their UK passports unless you register them as citizens first.
In case the second child was born after 29/4/2006 then 5xP60s for 5 years preceding their birth will prove they are a citizen by birth and you can go ahead with their PP application.

Wait for a guru to confirm but this is my interpretation of the legislation in force at the time.

You can apply for their registration using MN1 or form T if they still live here and had minimal absences.

[LilyLalilu]

https://www.gov.uk/government/uploads/s ... _0_EXT.pdf

Also see p.25, quite helpful

[noajthan]

2004 child's case is quite clearcut. Register if parent was not settled as per Table.

However in what month was 2006 child born?