Registering a child as BC citizen - spouse passport required?

[marsupilami]

Hello

My situation is the following: A few years ago, I was studying as EEA citizen in the UK, and I met my wife, a Commonwealth citizen living in the UK with PhD student visa. We married, and our child was born here.

recently, I became a UK citizen. My wife finished her study and returned to her country, waiting that I apply for a spouse visa for her. We have now been married for ~7 years. My child is with her there, with EEA citizenship.

I wish to apply both UK regsitration for my child, and spouse visa for my wife. The problem is: do i need to send my wife's passport with the child regsitration as BC application? Because if i do so, I can't apply for a spouse visa, which require my spouse's passport too.

I'm also worried that for a spouse visa, if my child is staying too long out of the UK because of his Mum's application, could it break his entolement/break his residency? He is 3 years old.

I am cobfused because some immigration companies ask for the Mother's passport, while the document here

(under the section 1(3) for British Nationality Act) does not ask for both parents passport, only the passport of the parents that has been natiralized.

https://assets.publishing.service.gov.u ... 2.0EXT.pdf

I assume it's the form MN1?

So my question is: is it ok of my wife stay in her hone country, that I first apply for registration of my child using my UK passport + marriage certificate, and then only, when the child is registered, I process my wife'as application? This is to avoid that the child say too long out of UK.

many thanks for any useful advice

[ajitk1]

Hello

My situation is the following: A few years ago, I was studying as EEA citizen in the UK, and I met my wife, a Commonwealth citizen living in the UK with PhD student visa. We married, and our child was born here.

recently, I became a UK citizen. My wife finished her study and returned to her country, waiting that I apply for a spouse visa for her. We have now been married for ~7 years. My child is with her there, with EEA citizenship.

I wish to apply both UK regsitration for my child, and spouse visa for my wife. The problem is: do i need to send my wife's passport with the child regsitration as BC application? Because if i do so, I can't apply for a spouse visa, which require my spouse's passport too.

I'm also worried that for a spouse visa, if my child is staying too long out of the UK because of his Mum's application, could it break his entolement/break his residency? He is 3 years old.

I am cobfused because some immigration companies ask for the Mother's passport, while the document here

(under the section 1(3) for British Nationality Act) does not ask for both parents passport, only the passport of the parents that has been natiralized.

https://assets.publishing.service.gov.u ... 2.0EXT.pdf

I assume it's the form MN1?

So my question is: is it ok of my wife stay in her hone country, that I first apply for registration of my child using my UK passport + marriage certificate, and then only, when the child is registered, I process my wife'as application? This is to avoid that the child say too long out of UK.

many thanks for any useful advice

Your child has EEA nationality so he does not require a visa to live in the UK. He will not lose his entitlement to enter as long a UK is in EU. You have no worries regarding the stay abroad of your child. Apply for your wife's spouse visa, son can enter without a visa. Get his nationality here (BC).

[marsupilami]

Your child has EEA nationality so he does not require a visa to live in the UK. He will not lose his entitlement to enter as long a UK is in EU. You have no worries regarding the stay abroad of your child. Apply for your wife's spouse visa, son can enter without a visa. Get his nationality here (BC).

Hi Ajitk

Although I do see and understand what you mean, I'm afraid you are missing an important point here, and mixing two different issues: I know that , as EU citizen, my child can enter end leave anytime. However, the process of UK citizenship for EU applicants is very clear that there is a specific number of days one must not have lived outside UK for the qualifying period. This happened to me and as part of my application, the Home Office did ask me about it (they sent back my whole application at the time and asked for proof that I lived in the UK for some specific period that were not documented enough). Hence my question, to know whether there is similar conditions for children, as the available information is unclear.

[CR001]

There is no absence limit for children registering as British, especially for UK born children born before a parent obtain PR.

[marsupilami]

There is no absence limit for children registering as British, especially for UK born children born before a parent obtain PR.

thank you CR001, this is exactly what I needed to know.

kind regards


Marsupilami

[Hstepper07]

Hello

My situation is the following: A few years ago, I was studying as EEA citizen in the UK, and I met my wife, a Commonwealth citizen living in the UK with PhD student visa. We married, and our child was born here.

recently, I became a UK citizen. My wife finished her study and returned to her country, waiting that I apply for a spouse visa for her. We have now been married for ~7 years. My child is with her there, with EEA citizenship.

I wish to apply both UK regsitration for my child, and spouse visa for my wife. The problem is: do i need to send my wife's passport with the child regsitration as BC application? Because if i do so, I can't apply for a spouse visa, which require my spouse's passport too.

I'm also worried that for a spouse visa, if my child is staying too long out of the UK because of his Mum's application, could it break his entolement/break his residency? He is 3 years old.

I am cobfused because some immigration companies ask for the Mother's passport, while the document here

(under the section 1(3) for British Nationality Act) does not ask for both parents passport, only the passport of the parents that has been natiralized.

https://assets.publishing.service.gov.u ... 2.0EXT.pdf

I assume it's the form MN1?

So my question is: is it ok of my wife stay in her hone country, that I first apply for registration of my child using my UK passport + marriage certificate, and then only, when the child is registered, I process my wife'as application? This is to avoid that the child say too long out of UK.

many thanks for any useful advice

If your child was born here and you have settled status, you do not require mothers passport as yours will be sufficient. Residency requirement would not be applicable to your child.

[Hstepper07]

...and yes you will complete the application using form MN1