Baby Born to EEA national with PR.Passport office wants info

[petra]

hi

my best friend having this trouble.

She is eea national. excersing treaty right since SEP 2004.
so should have got automatic PR status in SEP 2009!
but the Permanent residence card was issued in Jan 2010.
Baby was born in Dec 2009.
assuming Baby was born British as mother had PR in Sep 2009.


I did some search and reading other posts in this forum and I am sure she can apply direct for passport for baby. and no need to apply for MN1 saving £470..

Passport office sent a letter asking for proof of visa status, when baby was born, in the passport and do not consider the residence card as proof.


Why they are asking for more proof and not considering the permanent residence card as proof??
They must how the eea route works..

any input is appreciated.

thanks

[mrlookforward]

Bascially you have already answered the question yourself.For the passport office to issue the child with a british passport, proof needs to
be provided that the mother exercised treaty rights for 5 years and hence automatically attained PR before the child was born. But no such proof was
provided. She provided residence card dated Jan 2010, but the child was born in Sep 2009. So this doesnt prove that mother had PR before the child
was born.

[petra]

Bascially you have already answered the question yourself.For the passport office to issue the child with a british passport, proof needs to
be provided that the mother exercised treaty rights for 5 years and hence automatically attained PR before the child was born. But no such proof was
provided. She provided residence card dated Jan 2010, but the child was born in Sep 2009. So this doesnt prove that mother had PR before the child
was born.

sorry for not explaining myself in the first post.
The question actually I wanted to ask was
Is the Baby British by birth even thouh the PR card was issued to the mother in Jan2010?
if yes then if she sends last 5 years proof of exercising treaty (last five years P60s etc) the should accept it...

thanks

[mrlookforward]

If the information you provided in your first post is accurate, then yes, baby is british by birth. She needs to send to documents to prove that she has been exercising treaty right for 5 years on or before the day baby was born.

[petra]

If the information you provided in your first post is accurate, then yes, baby is british by birth. She needs to send to documents to prove that she has been exercising treaty right for 5 years on or before the day baby was born.

Thanks.

I originally thought by providing the EEA Parent Home Office Reference no. the Passport Office might satisfy themselves by checking EEA parent details about exercising treaty and entilement to PR etc or atleast review the EEA3 application that was filed with all the supporting documents which resulted in Permanent Residence Card.


I guess they either can not be bothered or they do not have access to the files

thanks Again I'll let her know to send that bundle again

[JAJ]

Use form NS to get a Home Office citizenship status certificate for the child.
http://www.ind.homeoffice.gov.uk/britis ... tizenship/

Only then should you apply for a passport.

[petra]

Use form NS to get a Home Office citizenship status certificate for the child.
http://www.ind.homeoffice.gov.uk/britis ... tizenship/

Only then should you apply for a passport.

Context of the ACTUAL letter below..

As the person named above was born in the UK after 31st Dec 1982 they may have claim to British Citizenship if one of their parents were free from immigration control when that person was born.
For passport purposes you may confirm this by providing the following documents.

"the passport on which the parent's entered in UK, or the passport showing that a parent had indefinite leave to enter or indefinite leave to remain in the UK at the of the child birth. Mother passport does have indefinite leave to remain she has a residence document and can not be used."

We will consider your application further when we receive your reply

a bit [in bold above]confusing as they do not stamp the EEA national passports but issue only residence cards..


@ JAJ
So what if she sent all the documents (P60s) covering last 5-6 years and explain and make reference in a covering letter the automatic PR status of EEA person, will work? instead of paying additional £76 for NS confirmation document.

Since 30 April 2006 EEA citizens are automatically considered free of a time limit under immigration rules after exercising Treaty rights for any continuous five-year period. After five years you will automatically receive permanent residence status. There is no longer a need to apply for indefinite leave to remain.

If you were born in the United Kingdom between on or after 30 April 2006 to parents who were EEA citizens, you will not be a British citizen unless one of your parents had permanent residence status before the date of your birth. However, you may be able to register as a British citizen if one of your parents later gets indefinite leave to remain (see registering your child as a British citizen or subject).

http://www.ukba.homeoffice.gov.uk/briti ... territory/

Because think the main issue here is having Leave to remain and free of immigration control.
Which in a sense she has/is both of them since Sep 2009.

Thanks[/code]

[JAJ]

Pay the money for the Home Office certificate.

It then creates a permanent record and avoids hassle renewing passport later on (if the passport office lose their records).

[petra]

Pay the money for the Home Office certificate.

It then creates a permanent record and avoids hassle renewing passport later on (if the passport office lose their records).

thanks it make sense.

So the passport can still be issued without NS certificate?

[JAJ]

So the passport can still be issued without NS certificate?

Only if you can convince the Passport Office that the child is British. But the Home Office knows much more about nationality law than the Passport Office does.

[petra]

So the passport can still be issued without NS certificate?

Only if you can convince the Passport Office that the child is British. But the Home Office knows much more about nationality law than the Passport Office does.

Thanks..

[petra]

Just to report Back.

Sent a covering letter with last five years P60s only and received Passport today with all documents back..


Thanks

[mrlookforward]

There you go, job done.
Providing the relevant information always get quick results.