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EU national born in UK applied for first British passport

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

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

EU national born in UK applied for first British passport

Post by Leo_one » Sat Sep 19, 2020 12:48 pm

Hi I am EU national and living in uk since 2005. My youngest son born in 2013 and as you know before residence card/permanent card was not necessary for EU national so in that way I can't prove I was exercising treaty rights 5 years before my son's birth. I got advised apply for subject right to access to HMRC and department of works and pensions. Since in this country I'm working as self employed and submitting tex return. In replied from both office I got records but only for last 5 and 6 years. They said we can't provide more than this period. I had applied British passport for my son with these letters and some other proofs like my council tax bill in those days some electric bills. I had also wrote to bank but they said we haven't more then 10 years records. Now i have got letter from passport department and they said we will accept the letter from home office if they write you are exercising treaty rights 5 years before your son birth or you got permanent residence before his birth.
If anyone have idea or got same situation please let me know the address of concern department. If anyone can give me professional advice. Thanks

secret.simon
Moderator
Posts: 11252
Joined: Thu Feb 21, 2013 9:29 pm

Re: EU national born in UK applied for first British passport

Post by secret.simon » Sat Sep 19, 2020 3:01 pm

It is the applicant's responsibility to prove that they (or in this case, their parent) exercised treaty rights at a certain point in time. Government records may or may not go that far back.

If you were self-employed, do you not have copies of your business reports/records? Did you have an accountant that may have records? You may want to check with them if they have any records that may help you.

In a worst case situation, assuming that you have got Settled Status, you could register the child as a British citizen using Form MN1 and then apply for a British passport for 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.

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

Re: EU national born in UK applied for first British passport

Post by Leo_one » Sat Sep 19, 2020 3:20 pm

secret.simon wrote:
Sat Sep 19, 2020 3:01 pm
It is the applicant's responsibility to prove that they (or in this case, their parent) exercised treaty rights at a certain point in time. Government records may or may not go that far back.

If you were self-employed, do you not have copies of your business reports/records? Did you have an accountant that may have records? You may want to check with them if they have any records that may help you.

In a worst case situation, assuming that you have got Settled Status, you could register the child as a British citizen using Form MN1 and then apply for a British passport for the child.

Hi secret.simon thanks for reply and advise. My son already got the settled status as me have too but in that case i have to spend £1100. Just to avoid to spend that much money. He has the French passport with settled status I think in that case i shouldn't to spend that much money.
Regards

secret.simon
Moderator
Posts: 11252
Joined: Thu Feb 21, 2013 9:29 pm

Re: EU national born in UK applied for first British passport

Post by secret.simon » Sat Sep 19, 2020 3:47 pm

Leo_one wrote:
Sat Sep 19, 2020 3:20 pm
I think in that case i shouldn't to spend that much money.
Fair enough. In that case, you, not government departments, will have to come up with the documentary proof for five years before the birth of your child. The onus is on you to prove that your child was born a British citizen.

As I mentioned, you or your accountant may have documentary proof of self-employment, such as tax returns, etc.
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.

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

Re: EU national born in UK applied for first British passport

Post by Leo_one » Sat Sep 19, 2020 4:10 pm

secret.simon wrote:
Sat Sep 19, 2020 3:47 pm
Leo_one wrote:
Sat Sep 19, 2020 3:20 pm
I think in that case i shouldn't to spend that much money.
Fair enough. In that case, you, not government departments, will have to come up with the documentary proof for five years before the birth of your child. The onus is on you to prove that your child was born a British citizen.

As I mentioned, you or your accountant may have documentary proof of self-employment, such as tax returns, etc.
That why i said thank to you because you explain very clearly and if account can produce my records then fine otherwise leave it on later stage when my son can be able to pay at his on 😉

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