Applying British passport for my kids born in the UK

[manvipo]

Hi! I have two kids born in the UK in 2002 and 2004. Both have German passports from their mum.
Their mum who's German is a permanent resident since back in the 1990s and I became British citizen last year..
Are they automatically British citizen? What the process to get them a British passport?

Thank you for your help!

[manvipo]

Hi,

Is this the right area to post such a subject? Need help please!

Went to the gov website and got the following info:
-Born in the UK between 2 October 2000 and 29 April 2006
You’re automatically a British citizen if when you were born all of the following applied to at least one of your parents:
*they had citizenship of a country that was in the EU or the EEA at the time
*they lived in the UK
*they had ‘indefinite leave to remain’ (ILR), ‘right of abode’ or ‘right of re-admission’
Their mum meet all of the above and I didn't have the ILR at the time they were born. However when I go to the government website to apply for my daughter passport I get the following:

Apply for a first UK passport
"Based on your answers, you’re applying for a first, adult passport.
You need to have British nationality to get a UK passport. Check you’re eligible before you apply." She is 16!

Thanks!

[walker]

If they are automatically British, then make the application for the passports. HMPO will do the rest.

[secret.simon]

If they are automatically British, then make the application for the passports. HMPO will do the rest.

It is up to the applicant (or their parents if they are minors) to prove the British citizenship of the children.

HMPO can't issue a British passport unless the applicant includes proof of their British citizenship.

The onus is on the applicant, not on HMPO.

Their mum who's German is a permanent resident since back in the 1990s

Does the mother have proof that she had ILR issued to her before 2000 (when it was issued on request)? It would be a stamp or vignette in one of her passports and would not have been acquired automatically (Permanent Residence only came into force in EU law in 2006).

See the second line of Table A of Treaty Rights Passport Applications guidance.

If the mother does not have such a stamp in any of her older passports (and the onus is on her to prove that she did have such a stamp before the birth of the children), then the children are not automatically British citizens and can register as British citizens before their 18th birthday or naturalise as British citizens after meeting the usual adult requirements after their 18th birthday.

Keep in mind that acquiring British citizenship now, after the UK has left the EU, may have an adverse impact on their German citizenship. @ALKB and @alterhase58 may be able to advise you further on that aspect.

[alterhase58]

From the OP's postings it would appear that the mother satisfies all the requirements (including ILR - original required) and the children would be British.
Clearly the HMPO systems aren't geared for all the variations that exist. Best to submit evidence of mother's ILR and a covering letter referring to the website explaining it all (enclose print-out as well).

Registration or naturalisation is a whole different ball game (due to the German complications) but hopefully it won't have to come to that.

[secret.simon]

From the OP's postings it would appear that the mother satisfies all the requirements (including ILR - original required)

That is the bit that I doubt.

From the OP's post, it appears to me that he is assuming that the mother has permanent residence because she has resided in the UK since the 1990s, whereas mere continuous residence in the UK has never conferred a permanent residence status on EEA nationals. They either had to apply for ILR (before 2000 and under the current Settled Status scheme) or have to meet more precise requirements (such as exercising treaty rights) to acquire PR automatically after 2006.

If the mother has an ILR stamp or vignette in one of her old passports (dated before the birth of the children), the issue is solved. Submit the application along with the ILR stamp vignette.

[manvipo]

Thank you ever so much for your replies!
@ Secret Simon
"From the OP's post, it appears to me that he is assuming that the mother has permanent residence because she has resided in the UK since the 1990s, whereas mere continuous residence in the UK has never conferred a permanent residence status on EEA nationals. They either had to apply for ILR (before 2000 and under the current Settled Status scheme) or have to meet more precise requirements (such as exercising treaty rights) to acquire PR automatically after 2006."
I know she had a blue kind of booklet regarding her ILR but couldn't recall the exact year. I'll have to get back on you on this matter.
However, I really appreciate all your help. God Bless!

[secret.simon]

I know she had a blue kind of booklet regarding her ILR but couldn't recall the exact year.

If she has a blue booklet regarding permanent residency, it is almost certainly dated after 2006 as it sounds to me like it is an old Document Certifying Permanent Residency tri-fold booklet and the concept of Permanent Residence under EU law was only introduced in 2006.

But please do check and advise us of the precise nature of the booklet.