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First passport for child born to EU parents before 2006- hel

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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LillyPearl
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First passport for child born to EU parents before 2006- hel

Post by LillyPearl » Fri May 12, 2017 3:50 pm

Here is the situation:
My friends' son is not yet 18, born in the UK in 1999 and he decided to apply for a British passport now.
His parents are Irish and Greek and both moved to the UK in the late 1980s and have lived here since, but never applied for PR or citizenship. The mother has a document that looks like an ILR/ PR for European Community citizens issued in 1989, but no other later document certifying settlement in the UK.
Their son is a British citizen because at the time of his birth his parents were settled in the UK for several years, but here is my question:
What proof of his parents' status needs to be included with his passport application?
The passport application guidance asks for the passports of the parents at the time of birth, which his parents have available, but there are no stamps in them of any sort, nor any indication that they had been living in the UK for a long time.
We have been debating about this, because I argue that the passports are not sufficient, they say that the passport application form does not specify otherwise, so we decided to ask you. What do you think?

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alterhase58
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Re: First passport for child born to EU parents before 2006-

Post by alterhase58 » Fri May 12, 2017 4:07 pm

Settled in this context means that parent(s) have PR or ILR, not the number of years lived in the UK.
The document you mention, is it a blue trifold, like this?
Capture.JPG
Capture.JPG (19.62 KiB) Viewed 498 times
Is there a stamp in it saying "given leave for an indefinite period"?
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

secret.simon
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Re: First passport for child born to EU parents before 2006-

Post by secret.simon » Fri May 12, 2017 7:21 pm

LillyPearl wrote:His parents are Irish and Greek
LillyPearl wrote:born in the UK
Children born to Irish parents in the UK are automatically British citizens otherwise than by descent at birth.

For the purposes of Section 1(1) of the British Nationality Act 1981, Irish citizens are considered settled on arrival. No need to prove ILR or PR.

His parent's Irish passport, with his birth certificate and his parents' marriage certificate should be sufficient for his British passport application.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Obie
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Re: First passport for child born to EU parents before 2006-

Post by Obie » Fri May 12, 2017 7:32 pm

Only if the parents are resident in the UK, will they be qualified.

Therefore proof of their residence will need to be provided.
Smooth seas do not make skilful sailors

secret.simon
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Re: First passport for child born to EU parents before 2006-

Post by secret.simon » Fri May 12, 2017 7:45 pm

Obie wrote:Only if the parents are resident in the UK, will they be qualified
Just to clarify, Obie, would that be residence at the time of birth of the child or would that be current residence?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Obie
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Re: First passport for child born to EU parents before 2006-

Post by Obie » Fri May 12, 2017 11:33 pm

Time of birth. As it is the time the op will be claiming he acquired citizenship.
Smooth seas do not make skilful sailors

JAJ
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Re: First passport for child born to EU parents before 2006-

Post by JAJ » Sun May 21, 2017 2:38 am

Residence at the time of birth. Although reasonable evidence will normally be acceptable. It is not necessary to account for every day of presence in the United Kingdom at the time. Also note- since the birth was before 2.10.2000 then evidence of U.K. residence/employment related to either parent would be acceptable, although it would be preferable to evidence British citizenship via. residence of the Irish parent.

National Insurance records are normally kept indefinitely.

Confirmation of British nationality status is normally recommended before applying for a British passport:
https://www.gov.uk/government/publicati ... us-form-ns
This is not intended to be legal or professional advice in any jurisdiction.

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