Help - getting passport for a child - EEA national

[jomope]

Hi all,
I am Spanish national and I would like to get a British Passport for my two sons. I am a bit confused about the process/steps to follow. I would really appreciate a basic guidance.

My situation:
My wife and I are EEA nationals. We came to the UK in 2005. My first son was born in the UK in 2006 (before 4/30) and the second one in 2007. My sons have Spanish passport.

My objectives:
I want a passport for my sons for 2 reasons:
- More flexibility if my sons go to a different country to study (like US, UK if we leave etc)
- I am bit concerned about the UK leaving the European Union. I think that if my sons got a passport would be a sensible protection.

Your help:
- What is the best process to get a passport for my son? (ILR, PR etc)
- Any other comments based on the objectives that I want to achieve

Thanks, Jose

[askmeplz82]

If a children were born in the UK between on or after 30 April 2006 to parents who were EEA citizens, they are not a British citizen unless one of the parents had permanent residence status before the date of the birth. However, you may be able to register them as a British citizen if one of you later gets PR

[Jambo]

Permanent Residence status is obtained automatically after exercising treaty rights (such as employment) for a continuous 5 years.

Once a EEA national has obtained PR status, a UK born child can apply to register as BC under section 1(3) of the British Nationality Act. Form MN1 is the one to use together with evidence of the parent status (such as 5 P60s). This application incurs a fee.

See more in Citizenship FAQs - Common Questions - Read before posting - children.

[dalebutt]

You have been living in the UK since 2005, have you been exercising treaty rights for 5 years of that period? If you have, you may have qualified for PR and you don't need confirmation of that before you can register your children as British citizen.

[jomope]

Thank you all for your help.

A few follow up questions:
- Is there a way to get the passport without applying to British Citizenship (and paying the £800+ )
- Is there any value/implication (e.g. tax, legally) for me on getting the PR
- How do I know whether I have been exercising treaty rights for 5 years? I have been working from 2005.
- Just to confirm, if I get the PR, would my son born in 2007 get also his passport?

Thank you very much. I really appreciate your guidance.

Jose

[Jambo]

- You don't need to apply for British citizenship for yourself in order for the children to apply. Your children will not be British unless you make an application and pay the fee. For two children the fee is £1178. Once the application is granted, they become British and can apply (if you wish) for a passport (£50 for a 5 years passport).
- you probably already got the PR. it's is obtained automatically after the 5 years. What you don't have is a paper for the HO confirming this status. You can apply for such confirmation if you wish (it costs £55). The main advantage is that t makes it easier for you to show your PR status (although this hardly needed). Having the confirmation has no legal/tax/benefits implication.
- if you have been working continuously for 5 years and not left the country more than 6 months each year, you likely have PR.
- Borh children are in the same status. You can apply for British citizenship for them both.

[jomope]

Thanks, just one clarification.
My sons need to apply to British citizenship in order to get the British passport. Is this the only route?
Thanks, J

[Jambo]

Thanks, just one clarification.
My sons need to apply to British citizenship in order to get the British passport. Is this the only route?
Thanks, J

Yes. This is the only (legal) route to get a passport.

Children born after you have PR will be British from birth and don't need to go via this route.

[Mazzeppa]

Children born after you have PR will be British from birth and don't need to go via this route.

Hi Jambo,

As my PR was granted many years before my sons were born, both born after 2006. Can I ask you how can I proof that they are British Citizens ? Is it just a matter of directly applying for British passport for them with my PR letter from the Home Office ? Thank you for any feedback.

[Jambo]

Children born after you have PR will be British from birth and don't need to go via this route.

Hi Jambo,

As my PR was granted many years before my sons were born, both born after 2006. Can I ask you how can I proof that they are British Citizens ? Is it just a matter of directly applying for British passport for them with my PR letter from the Home Office ? Thank you for any feedback.

In essence, yes. The Passport office might ask for additional proof of your residence in the UK if the PR was obtained very long time ago (as PR status is lost if you haven't been in the UK for two years).

[Mazzeppa]

Children born after you have PR will be British from birth and don't need to go via this route.

Hi Jambo,

As my PR was granted many years before my sons were born, both born after 2006. Can I ask you how can I proof that they are British Citizens ? Is it just a matter of directly applying for British passport for them with my PR letter from the Home Office ? Thank you for any feedback.

In essence, yes. The Passport office might ask for additional proof of your residence in the UK if the PR was obtained very long time ago (as PR status is lost if you haven't been in the UK for two years).

Thank you very much, Jambo.