BC for children born in UK to foreign parents

[Iira]

Hi,
I'd like to apply for my children to become BC but neither myself or my husband want to get the BC. Both of my children were born in UK but we were here for only 1 year and 4 years before they were born. Therefore, they didn't automatically get the citizenship but I heard that after a certain amount of time exercising treaty rights, they will be allowed to apply.

Could anybody clarify for me when would they be able to get BC? We've been here for 10 years now and my children are 5 and 8 years old. They hold EU passports and have a PR card. I have EU passport and my husband a spouse visa that was renewed for 10 years last time.

Any information would be really appreciated.
Thanks!

[Jambo]

Check the FAQ (link below. Scroll down for the children section).
Your 5 years old child - was he born after you completed 5 years in the UK exercising treaty rights? If yes, he is already British. If not, he can apply to become British (together with his sibling). There is a fee involved.

[Iira]

Check the FAQ (link below. Scroll down for the children section).
Your 5 years old child - was he born after you completed 5 years in the UK exercising treaty rights? If yes, he is already British. If not, he can apply to become British (together with his sibling). There is a fee involved.

Thank you Jambo for your reply. I read that explanation before but it doesn't include my case.
As I mentioned before, my second child was born after 4 years (not 5) in the UK exercising treaty rights. I don't want to apply for BC but wait until the time they are eligible due to us being in UK long enough. What I cannot find is the information of what happens if you have not completed the 5 years you mentioned. What's the next option in that case? Do you have any idea of where to look for that answer?
Thanks!

[Jambo]

I read that explanation before but it doesn't include my case.

Why do you say so?

In the child was born in the UK before one parent had ILR/PR, then once one parent is granted ILR, the child is entitled register as BC under section 1(3) of the British Nationality Act irrespective of their immigration status.

ILR = PR status for EEA nationals in this case.

[vinny]

See also here.

[Iira]

I read that explanation before but it doesn't include my case.

Why do you say so?

In the child was born in the UK before one parent had ILR/PR, then once one parent is granted ILR, the child is entitled register as BC under section 1(3) of the British Nationality Act irrespective of their immigration status.

ILR = PR status for EEA nationals in this case.

Hi,
thanks again for the help. What confuses me is that I never thought that ILR as equivalent of PR. The thing is with PR, you are still subject to immigration checks. We both have PR granted but my husband's spouse visa still requires to reapply after 10 years. I'm not sure what he will need by then but, the visa expires at that time. My understanding is that ILR doesn't expire.

Kind regards.

[Iira]

See also here.

Thanks Vinny for the link. Maybe that's the way for us, to wait until the children are 10 years old since they have been born here and have been continuously living in UK.

Kind regards.

[Jambo]

Hi,
thanks again for the help. What confuses me is that I never thought that ILR as equivalent of PR. The thing is with PR, you are still subject to immigration checks. We both have PR granted but my husband's spouse visa still requires to reapply after 10 years. I'm not sure what he will need by then but, the visa expires at that time. My understanding is that ILR doesn't expire.

Kind regards.

Well ILR is also subject to immigration checks. And ILR is lost if you leave the UK for more than 2 years.

His PR status is not for 10 years. Its the confirmation vignette that is valid for 10 years the same way your driving licence has an expiry date on it. You don't need to retake the driving test!
If one of you has the PR Confirmation from the HO the application is very simple (although not cheap). You can apply tomorrow if you wish.

[Iira]

Hi,
thanks again for the help. What confuses me is that I never thought that ILR as equivalent of PR. The thing is with PR, you are still subject to immigration checks. We both have PR granted but my husband's spouse visa still requires to reapply after 10 years. I'm not sure what he will need by then but, the visa expires at that time. My understanding is that ILR doesn't expire.

Kind regards.

Well ILR is also subject to immigration checks. And ILR is lost if you leave the UK for more than 2 years.

His PR status is not for 10 years. Its the confirmation vignette that is valid for 10 years the same way your driving licence has an expiry date on it. You don't need to retake the driving test!
If one of you has the PR Confirmation from the HO the application is very simple (although not cheap). You can apply tomorrow if you wish.

Thank you Jambo for the explanation. With the amount of paper stuff we presented at 5 years, it did feel as if we were retaking it all over again! Who knows what is waiting for us at the 10 years renewal!
Your point about the price is quite right, if I wait a bit longer I could avoid the application fee. Right? (Now I doubt it will be for free!). Good to know it's possible to do it now if I really need it. If not, it will be a little bit of wait...1.5 years for one of them and another 4.5 years for the other one.

Thanks regards.

[Jambo]

The 10 years renewal should mainly be an administrative exercise - an updated photo, proof you haven't left the UK for more than 2 years. That's all. No much paperwork.

I think you misunderstood vinny's link. He just referred to the some option I referred to. They is no free option to register a child as BC regardless of the basis they qualify. For two children that would be about £1100 nowadays. Probably more in a few years time.