Confused!-PLEASE HELP! (EEA+ treaty rights+ kids)

[sharmarina]

HI,
Just confused which application to make at what time!-hope someone can help!
Personal circumstances: I'm an EEA national, live in UK since 2004, but officialy worked since 21 May2007-Present, on my WRS certificate date- 09 Nov 2007, so here is Question1:
is date on WRS taken into account or date of employment started? if I've been employed in 2005-06, but not registered with WRS, and no proof-will it counts towards my total years?
....... in 2006 I quit my job due to pregnancy(by my own will, and there was no ML provided by employment agency)after having my baby, stayed at home untill she was 1-again per my own wish, so here is Question2:
I know pregnancy counts as "incapacity to work" and therefore counts as "exercising Treaty Rights" but how much of it? does time off with my baby counts as well?
.......according to last correspondence from UKBA in 2010 i says: Your 5year calculation will start from 09/11/2007. You will be eligible to apply for permanent residence from 09/11/2010.... Question3:
So according to me it's 1+ year that I have ILR? am I right?
am I eligible to apply for Naturalisation as British Citizen now???

....my daughter will be 6 this year-born in Uk, but bearing my nationality- Q4:
do we apply together? or shell I register her after my own Naturalisation?

...my son born August 2011- Q5:
do I have to register him as Britis Citizen or Naturalise??


so thats questions I'm having, and can't find any answers to.
hope somebody can help.
Thanks in Advance!!!

[vinny]

See also JL.

[sharmarina]

Thanks-but honestly-didn't help is this all still viable after WRS was withdrawn???

[Jambo]

Question1:
is date on WRS taken into account or date of employment started? if I've been employed in 2005-06, but not registered with WRS, and no proof-will it counts towards my total years?

WRS date. Also, if you don't have proof for your employment in 2005-06 (didn't you paid tax/NI? You can get proof of employment from HMRC), you can not include those years (and they will not be counted if wasn't under WRS).

Question2:
I know pregnancy counts as "incapacity to work" and therefore counts as "exercising Treaty Rights" but how much of it? does time off with my baby counts as well?

Not sure where you know that's from but whether the pregnancy period counts as a worker period depends on the circumstances. In your case, it doesn't seem to be the case. More likely, you were self-sufficient during this period. Did you have CSI (health insurance) to cover you for that period?

.......according to last correspondence from UKBA in 2010 i says: Your 5year calculation will start from 09/11/2007. You will be eligible to apply for permanent residence from 09/11/2010.... Question3:
So according to me it's 1+ year that I have ILR? am I right?
am I eligible to apply for Naturalisation as British Citizen now???

I believe the UKBA letter should have said 9/11/2012 and not 9/11/2010. If your 5 years with WRS and continuous work started in November 2007, then you will obtain PR status in November 2012 and can apply in Nov 2013 for BC.

....my daughter will be 6 this year-born in Uk, but bearing my nationality- Q4:
do we apply together? or shell I register her after my own Naturalisation?

once you obtain PR status, you can register her. Doesn't need to wait for you.

...my son born August 2011- Q5:
do I have to register him as Britis Citizen or Naturalise??

Assuming he was born in the UK and that you haven't obtained PR yet, register with your other child once you obtain PR.

[zheni]

I agree with Jambo's post.

I would only add that your employment before 2007, will not be counted by the UKBA. You were then required to register before/when starting employment. Pregnancy would count if you have left the UK because of the pregnancy and were exercising treaty rights before that. You would't be regarded as exercising treaty rights because you had not registered.

[sokrates99]

Hello, I am in a similar position to the author of the original post. Thank you for your replies.
I just have one question. Should I start counting 6 years from the job start date shown on my WRS certificate or the date my WRS card and certificate were issued? It shows that I started working in March but the documents were issued in May. Thanks!

[Carlosmiranda]

Plz can someone help me . I am eea national and living in uk since 1998. Can i apply british passport for my 7 month old baby ? I was claiming JSA for sometime last year. Will it effect on my baby's application ? I never apply for pr here . I just got my portuguese ID card . Plz help.

[Jambo]

Plz can someone help me . I am eea national and living in uk since 1998. Can i apply british passport for my 7 month old baby ? I was claiming JSA for sometime last year. Will it effect on my baby's application ? I never apply for pr here . I just got my portuguese ID card . Plz help.

JSA should not have an affect.

The question is whether you have exercised treaty rights for 5 continuous years by for example employment. If you did, the child (if born in the UK) is British. You will need to provide proof such as 5 P60s.

[Aujla]

Hi! I am a portuguese national.i want to apply british passport for my daughter who born last year in uk. I am wondering that if I am getting working tax credit , can I still apply british passport for my baby . I came to uk in 2000 may. I am doing job since that time. But I never apply for PR or british passport for y self . Should I register my baby as bc first or direct passport plz? My main question is getting working tax credit will stop me for my baby's passport ? Plz reply

[Aujla]

Plz can anybody advice me? I need to travel soon . And it's very difficult to get portuguese passport because my wife is non eea . Plz advice somebody !!!

[Aujla]

Plz can any body reply

[Jambo]

Working tax credit will not affect the application.

Just send your passport and 5 P60s covering the 5 years prior to the child birth with the passport application and you will be fine. No need to register.

[Aujla]

Plz can u tell who can be countersignry for my baby's british passport because doctor doesn't want to sign. Plz help.

[Aujla]

Working tax credit will not affect the application.

Just send your passport and 5 P60s covering the 5 years prior to the child birth with the passport application and you will be fine. No need to register.

Hi. Plz can u tell me what to fill in passport application section 4. As I am a portuguese and living in the uk since 20 years . But I don't have british passport . Plz any reply. Need urgent help