Child born a few months before PR was issued - BC?

[juso73]

Hello,
our daughter was born on at the end of January 2010 here in the UK. At the time we were in the process of applying for PR for my husband (Brazilian) based on being in the country for just over 5 years (as of 15 December 2009) as my EEA dependant (I am German).

The PR was finally granted at the beginning of August 2010, which is now stamped into my blue PR card and my husband's Brazilian passport. After he applied for BC last year, this has been granted in February 2012 and he received his British passport a couple of weeks ago (unbelievable but true - what a journey...).

We would now like to get a British passport for our daughter but are unsure how to best go about it, i.e. what documentation to send. Can someone advise please?

Given that she was born when we already exercised PR (we had been in the country for over 5 years and 1 month and our application was with the UKBA on the date of her birth) she should definitely have the right to get a British Passport, correct? Problem is that my PR card and my husband's Brazilian passport show beginning of August 2010 as date of of PR issue, rather than mid December 2009 (the date we started exercising PR based on the fact of being here for five years) which looks as if she was born 6 months before we got PR...

My husband's new British Passport obviously also shows the date it was issued, which was just recently.

I know we could register her as BC but given that this would cost another £500 I don't want to go down that route if not necessary. What have others done, i.e. what's easiest to send with the Birth certificate and form to make sure she gets passport as easily as possible? I am so tired of posting my P60s and what ever else to prove I have been here for the last 6.5 years...

Many thanks! Looking forward to your responses.

[Jambo]

Under EEA regulations, PR status is obtained automatically after 5 years exercising treaty rights. The date on the blue card is irrelevant. It just confirms that on that date you had PR status but you could have obtained it earlier.

If you have exercised treaty rights for 5 years before the birth of your child, she is British from birth. There is no point to register her as she is already British.

What is required is to apply for a passport providing 5 years P60 (yes, again - as much as you hate it) to prove you have obtained PR before her birth. You will also need to send the German passport. I would also attach a cover letter explaining the situation. You may attach the blue card also but make sure you highlight in the cover letter that this was granted after your child birth just because the HO process time. The important evidence is the 5 P60s (or a letter from employer).

Passport applications normally take 2-3 weeks.

[boloney]

Under EEA regulations, PR status is obtained automatically after 5 years exercising treaty rights. The date on the blue card is irrelevant. It just confirms that on that date you had PR status but you could have obtained it earlier.

If you have exercised treaty rights for 5 years before the birth of your child, she is British from birth. There is no point to register her as she is already British.

What is required is to apply for a passport providing 5 years P60 (yes, again - as much as you hate it) to prove you have obtained PR before her birth. You will also need to send the German passport. I would also attach a cover letter explaining the situation. You may attach the blue card also but make sure you highlight in the cover letter that this was granted after your child birth just because the HO process time. The important evidence is the 5 P60s (or a letter from employer).

Passport applications normally take 2-3 weeks.

follow Jambo advice, my friend does simular think and passport was granted. He also in the covering letter his all absences from the UK during that time. You should get it without any trouble. They my ask if you claimed any benefits during that period, they did in my friend case. He just supplied bank statements as proof that hi did't.

[juso73]

Dear Jambo and Boloney,

many thanks for your replies. Very helpful!

Just to confirm:

- I will send all this (5 x P60s, passport application form, my German passport and blue PR card) to the IPS directly, together with a cover letter explaining the situation around having exercised PR already prior to my daughter's birth.

- There is no need to send my husband's British or Brazilian passport? My German one will suffice?

Thanks so much. I haven't claimed benefits and was continuously employed by two employers only so hope the P60s will suffice.

[Jambo]

- I will send all this (5 x P60s, passport application form, my German passport and blue PR card) to the IPS directly, together with a cover letter explaining the situation around having exercised PR already prior to my daughter's birth.

Correct. You will need of course also to send the child's UK full birth certificate + photos etc. Also if she already got German/Brazilian passport, you will need to send them too (any valid passport she has).

- There is no need to send my husband's British or Brazilian passport? My German one will suffice?

No need. There is only need to prove one of the parents had PR. Easier to do with your German passport.

[juso73]

Thanks so much, Jambo, really helpful! Do you know is there is a restriction as to how many passports one can hold apart from English one? She has a German one, the Brazilian has already expired - was only valid for a year.

[Jambo]

A passport is just a travel document. A person is allowed to hold as many passports as he is citizen of.

Depending on the country's nationality laws, one is either allowed to hold one citizenship or multiple citizenships (referred as "dual citizenship" but it means two or more).

A person can have as many citizenships as possible assuming all the countries allow dual citizenship. The UK, Germany and Brazil allow dual citizenship so your child holds all three citizenships.

If you wish him to hold passports to all countries, it's your decision. I'm not sure there is a need to have both a UK one and a German one. Just get the cheapest between the two or the easiest to renew between the two. In future he can renew the others if he wishes to (you don't lose your citizenship because you don't have a valid passport).