NON EU PARENTS WITH EU HOLD PASSPORT SON

[loverboy4alluk]

hiya i am living in uk for 8 years legally and i have higly skilled visa which is 5 years and expire in december 2011. my son was born in ireland he is now 6 years old and he has got irish passport as we are non EU parents can we get nationallity on basis that he has european nationallity. we have never took any benifits for him or our self, we have our own home.please help

[loverboy4alluk]

hiya i am living in uk for 8 years legally and i have higly skilled visa which is 5 years and expire in december 2011. my son was born in ireland he is now 6 years old and he has got irish passport as we are non EU parents can we get nationallity on basis that he has european nationallity. we have never took any benifits for him or our self, we have our own home.please help

please guys any one help me so many views but not a single reply

[sideshowsue]

Unfortunately, the fact that your son holds Irish nationality does not confer the right to Irish nationality to his parents.

Check out the INIS's FAQ for more information on Irish citizenship:

http://www.inis.gov.ie/en/INIS/Pages/WP07000120#10

[sideshowsue]

BTW, why haven't you applied for British nationality seeing as you've been living in the UK for the last 8 years? It seems like the most logical thing to do.

[loverboy4alluk]

sideshowsue Thanks for the comments
thats what i want to do i want to apply for uk nationality as i am here now nearly 9 years but to do that i have to wait until end of next year when my five year skiiled visa expire.

[eagle100]

Sorry to hijack this thread, but this topic triggered a question in my mind.

If a child is born in Ireland whose one of the parents are legally resided in ireland for the last 5 years, then the child is an irish national. How soon the child can apply for passport? I mean is there any limit that a child has to be 1 or 2 years old before he/she can apply for passport?

Because, normally child name entry is on his/her mother passport.

[Tandor]

Sorry to hijack this thread, but this topic triggered a question in my mind.

If a child is born in Ireland whose one of the parents are legally resided in ireland for the last 5 years, then the child is an irish national. How soon the child can apply for passport? I mean is there any limit that a child has to be 1 or 2 years old before he/she can apply for passport?

Because, normally child name entry is on his/her mother passport.

No need to wait, you can get it straight away. We got my daughters when she was 6 months as we had to travel suddenly.

[eagle100]

Sorry to hijack this thread, but this topic triggered a question in my mind.

If a child is born in Ireland whose one of the parents are legally resided in ireland for the last 5 years, then the child is an irish national. How soon the child can apply for passport? I mean is there any limit that a child has to be 1 or 2 years old before he/she can apply for passport?

Because, normally child name entry is on his/her mother passport.

No need to wait, you can get it straight away. We got my daughters when she was 6 months as we had to travel suddenly.

Perfect, thanks a lot for the prompt reply

[loverboy4alluk]

Sorry to hijack this thread, but this topic triggered a question in my mind.

If a child is born in Ireland whose one of the parents are legally resided in ireland for the last 5 years, then the child is an irish national. How soon the child can apply for passport? I mean is there any limit that a child has to be 1 or 2 years old before he/she can apply for passport?

Because, normally child name entry is on his/her mother passport.

you can get it staight we get his with in a month

[loverboy4alluk]

hiya i am living in uk for 8 years legally and i have higly skilled visa which is 5 years and expire in december 2011. my son was born in ireland he is now 6 years old and he has got irish passport as we are non EU parents can we get nationallity on basis that he has european nationallity. we have never took any benifits for him or our self, we have our own home.please help

i am sure there is a ways that parents can get nationality as i heard a chinies women get hers on her child behalf

[agniukas]

in order to apply for irish naturalisation, the applicant must live in ireland. there is no way around it....

[Ben]

loverboy4alluk,

You have acquired the right of permanent residence in the UK. This is the equivalent of Indefinite Leave to Remain. You are no longer subject to UK immigration controls.

If you wish (and it is recommended) to apply for a permanent residence card, use form EEA4.

You are also now eligible to apply for naturalisation as a British citizen.

[loverboy4alluk]

loverboy4alluk,

You have acquired the right of permanent residence in the UK. This is the equivalent of Indefinite Leave to Remain. You are no longer subject to UK immigration controls.

If you wish (and it is recommended) to apply for a permanent residence card, use form EEA4.

You are also now eligible to apply for naturalisation as a British citizen.

Hello Ben thanks for the reply do you mean i can apply on my Son behalf please clearify. you bring good hope for me as i said i am legally living in uk nearly 9 years and my 5 years work permit expire next year december.

[Ben]

As the parent of an Irish national child, you have the right of residence under EC law in the UK, in accordance with the ECJ ruling in the case of Chen.

After five your of residence under EC law, you acquired the right of permanent residence. If you wish to receive confirmation of your right of permanent residence, apply for a permanent residence card using form EEA4.

Since your son is now over six years old, this means that you have been a permanent resident for at least a year and, as such, are now also eligible to apply for naturalisation.

[loverboy4alluk]

As the parent of an Irish national child, you have the right of residence under EC law in the UK, in accordance with the ECJ ruling in the case of Chen.

After five your of residence under EC law, you acquired the right of permanent residence. If you wish to receive confirmation of your right of permanent residence, apply for a permanent residence card using form EEA4.

Since your son is now over six years old, this means that you have been a permanent resident for at least a year and, as such, are now also eligible to apply for naturalisation.

Thanks Ben you been very helpful i spoke to the lawyers and they said that i can submit ILR application straight away Tahnks again as without your advise i would never know to this
Regards
GOD BLESS

[Ben]

As the parent of an Irish national child, you have the right of residence under EC law in the UK, in accordance with the ECJ ruling in the case of Chen.

After five your of residence under EC law, you acquired the right of permanent residence. If you wish to receive confirmation of your right of permanent residence, apply for a permanent residence card using form EEA4.

Since your son is now over six years old, this means that you have been a permanent resident for at least a year and, as such, are now also eligible to apply for naturalisation.

Thanks Ben you been very helpful i spoke to the lawyers and they said that i can submit ILR application straight away Tahnks again as without your advise i would never know to this
Regards
GOD BLESS

No worries but to be clear, you've already acquired the right of permanent residence (this is automatic) you just need to submit an application for confirmation of this (application of a permanent residence card), using form EEA4.

You don't have to apply for ILR as you have already acquired PR.

[Obie]

I don't think this is right, under UK law, Chen cases are dealt with under national law and issued with "leave to remain" valid for five year, without any right to work over that period.

The children are dealt with under the directive as a Self-Sufficient EEA national, but the parents are not considered as family member of an EEA national, as the court state that the parents cannot depend on the child. Therefore the parents are not

The host state as a matter of priority are oblidge to facilitate the entry and residence for the parents inorder to enable the EEA national child, to exercise his/her treaty. However the parents don't have the right of Entry and Residence provided for in the directive, and hence the parents cannot acquire PR under the conditions of the directive, and there is no provision for them in the EEA regulations.

[loverboy4alluk]

I don't think this is right, under UK law, Chen cases are dealt with under national law and issued with "leave to remain" valid for five year, without any right to work over that period.

The children are dealt with under the directive as a Self-Sufficient EEA national, but the parents are not considered as family member of an EEA national, as the court state that the parents cannot depend on the child. Therefore the parents are not

The host state as a matter of priority are oblidge to facilitate the entry and residence for the parents inorder to enable the EEA national child, to exercise his/her treaty. However the parents don't have the right of Entry and Residence provided for in the directive, and hence the parents cannot acquire PR under the conditions of the directive, and there is no provision for them in the EEA regulations.

Hello Thanks for the information i spoke to the HOMEOFFICE today and explain the situation and the person said yes we as parents can apply for this this also because we living legally for more than 5 years in uk and also my son is more than 5 years old and hold EEA passport
Regards

[loverboy4alluk]

I don't think this is right, under UK law, Chen cases are dealt with under national law and issued with "leave to remain" valid for five year, without any right to work over that period.

The children are dealt with under the directive as a Self-Sufficient EEA national, but the parents are not considered as family member of an EEA national, as the court state that the parents cannot depend on the child. Therefore the parents are not

The host state as a matter of priority are oblidge to facilitate the entry and residence for the parents inorder to enable the EEA national child, to exercise his/her treaty. However the parents don't have the right of Entry and Residence provided for in the directive, and hence the parents cannot acquire PR under the conditions of the directive, and there is no provision for them in the EEA regulations.

Hello Thanks for the information i spoke to the HOMEOFFICE today and explain the situation and the person said yes we as parents can apply for this this also because we living legally for more than 5 years in uk and also my son is more than 5 years old and hold EEA passport
Regards

Also this is not under UK LAW this is UNDER EEA LAW which UK obliged to follow
hope thats help

[Obie]

If you are in any doubts, please refer to ECO guidance, and also the immigration rules 257C to 257E that deals with this area. On the basis of the law, i think the UKBA staff that adviced you, did not understand the law, as is usually the case, or just trying to say something beyond his or her remit.

The child is entitled to a registration certificate and the parents are allowed to get a five years leave to remain ( Please note not residence card), after that 5 years, i believe the parents will be entitled to ILR ( not Permanent residence).

I am not sure, whether the right to reside and look after those children is acquired automatically without an approval from the HO as is the case for Residence card for Family Members, or it is acquired once the leave to remain has been granted.

[loverboy4alluk]

If you are in any doubts, please refer to ECO guidance, and also the immigration rules 257C to 257E that deals with this area. On the basis of the law, i think the UKBA staff that adviced you, did not understand the law, as is usually the case, or just trying to say something beyond his or her remit.

The child is entitled to a registration certificate and the parents are allowed to get a five years leave to remain ( Please note not residence card), after that 5 years, i believe the parents will be entitled to ILR ( not Permanent residence).

I am not sure, whether the right to reside and look after those children is acquired automatically without an approval from the HO as is the case for Residence card for Family Members, or it is acquired once the leave to remain has been granted.

but we are already in uk legally for 9 years whould that not be considerable

[Obie]

I take no pleasure in saying this, but the absence of a Comprehensive Sickness insurance, covering the period your family were staying in the UK, will actually disqualify him or her from the right of permanent residence certificate, from which you could have claimed lawful residence within the definition of community law, and hence ILR on that basis.

Your best bet is to apply for ILR under 10 years of lawful residence and for Naturalisation shortly after.

You could nevertheless apply under the Chen Principal, and see how it goes. But don't raise your hopes too high.

I wish you the best in all your plans

[loverboy4alluk]

hello Ben wondering what is your thoughts for comments made by Obie please reply

[Ben]

I wasn't aware that residence based on Chen was conditional on holding comprehensive sickness insurance cover.

If it were, the old argument of NHS coverage could be used. After all, NHS coverage was lawfully held by you and it is the only comprehensive sickness insurance cover in the UK anyway.

[Obie]

Please see the UKBA guidance on, who are considered Self-Sufficient.

Giving the fact that an applicant for Registration Certificate (Child), or leave to remain (Parents and Siblings who are not EEA) are treated under this rules.