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EU national child born in UK need advice for citizenship

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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Leo_one
Member
Posts: 101
Joined: Fri May 17, 2019 9:43 pm
France

EU national child born in UK need advice for citizenship

Post by Leo_one » Wed Jun 17, 2020 7:03 pm

Hi I am French national live in UK since 2005 and recently got settled status as you know for EU national was not compulsory apply for resident card. My question is my son born here in UK on 2013 and got his French passport. Before some reason i wasn't interested in British nationality but now because of UK is out of EU I have decided to apply for nationality. I have came to know my son can claim his passport without this procedure if father proved that he was exercising treaty rights before his son born in UK.
Please I need some guidance if anyone have proper legal information. I can safe my money pay as fee for registered.
Thanks

secret.simon
Moderator
Posts: 11220
Joined: Thu Feb 21, 2013 9:29 pm

Re: EU national child born in UK need advice for citizenship

Post by secret.simon » Wed Jun 17, 2020 7:18 pm

For the child to have been born a British citizen, the following conditions need to have been met.

a) The child was born in the UK
b) Before the date of the birth of the child, the EEA citizen parent needs to have completed five continuous years of exercising treaty rights. That can be any combination of
-working
-seeking work
-being a student with private health insurance or a non-UK EHIC card
-being a self-sufficient person with with private health insurance or a non-UK EHIC card

There are further conditions if the EEA citizen parent was from an A8 country.

Does the EEA citizen parent have proof that s/he has exercised treaty rights for five continuous years before the birth of the child?
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.

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Zerubbabel
Respected Guru
Posts: 2517
Joined: Fri Jul 06, 2018 8:13 am
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United Kingdom

Re: EU national child born in UK need advice for citizenship

Post by Zerubbabel » Wed Jun 17, 2020 7:21 pm

Hello

Always apply for any citizenship you can get for your kids. You will never know how the world would look when they grow older. In some circumstances, a citizenship can save someone's life.

You can go ahead an apply directly for the British password for your kid. Here are the documents you need:

- UK birth certificate

- Your passport

- Proof that between 2008 and 2013 you were exercising Treaty Right in the UK. Hope you kept the documents. If you don't have 2008-2013, you may rely on a previous 5 years such as 2007-2012.

As an EEA national, you get the permanent residence automatically after 5 years exercising Treaty Rights in the UK. As you didn't apply, you don't have the physical PR to prove it. So you need to submit 5 years worth of documents with the application.

I did that for my first child and it worked just fine.

Leo_one
Member
Posts: 101
Joined: Fri May 17, 2019 9:43 pm
France

Re: EU national child born in UK need advice for citizenship

Post by Leo_one » Wed Jun 17, 2020 10:16 pm

Zerubbabel wrote:
Wed Jun 17, 2020 7:21 pm
Hello

Always apply for any citizenship you can get for your kids. You will never know how the world would look when they grow older. In some circumstances, a citizenship can save someone's life.

You can go ahead an apply directly for the British password for your kid. Here are the documents you need:

- UK birth certificate

- Your passport

- Proof that between 2008 and 2013 you were exercising Treaty Right in the UK. Hope you kept the documents. If you don't have 2008-2013, you may rely on a previous 5 years such as 2007-2012.

As an EEA national, you get the permanent residence automatically after 5 years exercising Treaty Rights in the UK. As you didn't apply, you don't have the physical PR to prove it. So you need to submit 5 years worth of documents with the application.

I did that for my first child and it worked just fine.
Hi Zerubbabel thanks for your help. Can you please whar kind of documents. I am self employed and every
Year submitte self assessment tax return online since 2005.
Do you think just hmrc letter attached with application.
Thanks

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