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Passport for child born to EEA national in UK

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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Coco89
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Passport for child born to EEA national in UK

Post by Coco89 » Tue Jun 14, 2016 10:20 pm

Hi there
I'm trying to get my newborn a British passport but don't really know where to start so confused!
My baby was born 17/05/16, applied for DCPR on 15/03/16 approved on 06/06/16 does that qualify him for British passport
automatically or I need to register him first?
I'm Eea national living and working here since 2010
Thanks for any help in advance

noajthan
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Location: UK

Re: Passport for child born to EEA national in UK

Post by noajthan » Tue Jun 14, 2016 10:28 pm

To avoid confusion & jumbled responses, I have moved your question to its own thread (this one).
All that is gold does not glitter; Not all those who wander are lost. E&OE.

noajthan
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Posts: 14911
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Location: UK

Re: Passport for child born to EEA national in UK

Post by noajthan » Tue Jun 14, 2016 10:42 pm

Coco89 wrote:Hi there
I'm trying to get my newborn a British passport but don't really know where to start so confused!
My baby was born 17/05/16, applied for DCPR on 15/03/16 approved on 06/06/16 does that qualify him for British passport
automatically or I need to register him first?
I'm Eea national living and working here since 2010
Thanks for any help in advance
You have every right to feel confused it is quite confusing.

Here's the thing, you may have acquired PR status sometime in 2015 depending on when you arrived in UK and started exercising treaty rights.
Which month was it?
(This is going to be different from the date you received your DCPR).

:idea: The point is for your child to be automatically British you need to have been settled before s/he was born (or other parent could have been settled - were they?).
For an EEA national 'settled' means having PR (not necessarily a PR card!).

So your PR card will help if you have ambitions for citizenship for yourself; (it's now a mandatory prerequisite for naturalisation).
But that PR card won't help prove your child was born British as you only got it after s/he was born.

:idea: You need to show you had actually acquired PR sometime in 2015 or very early in 2016.
Here's what to do...

:arrow: Next steps
1) List your activities and dates since you arrived in UK.

btw - are you an A8 or A2 national :?:

2) Take a look at this guidance from HMPO to help get you up to speed on what is required:
https://www.gov.uk/government/publicati ... plications
- see Table B

3) A SAR from UKVI may include the date the HO think you acquired PR status.

You can request a SAR from here:
https://www.gov.uk/government/publicati ... mmigration
- or focus on itemising your timeline first & come back to this later (if required).

Takeaway
If you can show you had acquired PR in time (that is before 17 May 2016) then you can apply for your child's passport directly.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Richard W
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Location: Stevenage
England

Re: Passport for child born to EEA national in UK

Post by Richard W » Tue Jun 14, 2016 10:56 pm

I believe your child is British, but there are possible reasons why the child might not be. Two possibilities that didn't occur to me until Noajthan's reply clashed with mine are that (1) the child was not born in the UK, and, if you're the father, (2) someone other than you was married to the mother when the child was born. (If the mother's married at the time of birth, it doesn't matter who's named as the father on the birth certificate as far as automatic rights to British citizenship are concerned.)

LilyLalilu
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Re: Passport for child born to EEA national in UK

Post by LilyLalilu » Tue Jun 14, 2016 11:02 pm

If your child was born in the UK, then your child should automatically be British by birth as the fact that you sent your application for a DCPR in March indicates that you had attained PR status at that point in time. As your DCPR application was approved based on the evidence you provided, I suggest you send the same evidence to HMPO to demonstrate that you were settled (i.e. held PR status) before the child's birth.
All information given is just my opinion as a member of this forum and does not constitute immigration advice.

noajthan
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Re: Passport for child born to EEA national in UK

Post by noajthan » Tue Jun 14, 2016 11:05 pm

From topic title:
Passport for child born to EEA national in UK
or should it be:
Passport for child born in UK to EEA national (in UK)
:?:
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Richard W
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Posts: 1949
Joined: Wed Oct 17, 2012 4:25 am
Location: Stevenage
England

Re: Passport for child born to EEA national in UK

Post by Richard W » Tue Jun 14, 2016 11:46 pm

noajthan wrote:From topic title:
Passport for child born to EEA national in UK
<apposite text snipped>
This thread has been spun off from another one, without, I believe, a change of title, so the title cannot be relied on. I was inspired by your refusal to assume that the OP (of this spun-off thread) necessarily already had permanent residence when he(?) lodged his successful application for DCPR.

noajthan
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Location: UK

Re: Passport for child born to EEA national in UK

Post by noajthan » Wed Jun 15, 2016 12:08 am

Richard W wrote:This thread has been spun off from another one, without, I believe, a change of title, so the title cannot be relied on. I was inspired by your refusal to assume that the OP (of this spun-off thread) necessarily already had permanent residence when he(?) lodged his successful application for DCPR.
@R, titles are not generated at random.
OP had tagged onto what I assume they (in their inexperience of the forum) thought was an appropriate topic with a significant UK connection.
That often happens and this title reflects that.

I have exhibited no "refusal" whatsoever over OP's stated possession of PR status and DCPR.

I just want to know when exactly that PR status was acquired because that little titbit will make or break the case for a passport for Baby.

Noone in HMPO HQ is going wave this one through on the strength of a DCPR issued 'sometime in late May or June'.
Similar cases have been refused in the past by incompetent or untrained or uncaring/lazy civil servants or admin staff.

Don't forget this application will go to HMPO (who have demonstrated difficulties in handling 'tricky' EEA-related applications such as this).
It won't go to HO for processing. And HMPO may well not have HO records to refer to.

OPs do frequently post inaccurate or incomplete information (and sometimes, shock horror, complete fantasy and fabrication or even impersonation);
- a little cross-checking and elucidation, as seen here, does no harm whatsoever.

It has been explained clearly and simply to someone who evidently does not have the foggiest notion what is going on and doesn't really know how to deal effectively with the powers that be (in this country).

However, they have had the foresight to reach out to the forum and that is what this forum is for.
And I salute all members who post here in, what is for them, a foreign language.

Finally, a word to the wise...
Suggest to lay off the 'cuckoo in the nest' suggestions (no pun intended) that it is noticeable you tend to post regarding topics that include a young child.
Sooner or later an OP is going to take it literally and be quite offended if not pretty upset.

For the benefit of OP this thread needs to stay on topic.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Kauffman Andre
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Re: Passport for child born to EEA national in UK

Post by Kauffman Andre » Wed Jun 15, 2016 8:55 am

Hi Coco89...........

Your child is a British citizen as long as you can provide you have a PR OR was exercising treaty rights continuous 5 years before your child was born.
If you have a PR just send the PR card and British birth certificate.
If you dont have a PR, send British birth certificate along with prove of exercising treaty rights for 5 years before the child was born and that is it.

You can do it on-line here :
https://www.gov.uk/get-a-child-passport ... t-passport

My baby's British passport was granted in 2016 and I dont have a PR but I did prove I was exercising treaty rights 5 years before she was born. A month latter, the passport arrived at my door.

Just do this and you should be fine

noajthan
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Re: Passport for child born to EEA national in UK

Post by noajthan » Wed Jun 15, 2016 9:02 am

Kauffman Andre wrote:...

My baby's British passport was granted in 2016 and I dont have a PR but I did prove I was exercising treaty rights 5 years before she was born. A month latter, the passport arrived at my door.

Just do this and you should be fine
The PR card was issued after child's birth.
Members have been refused a child's passport in similar cases for this reason.
Hence my caution above.
But I agree with you, re-proving acquisition of PR before the DoB should nail it.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Kauffman Andre
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Posts: 19
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Re: Passport for child born to EEA national in UK

Post by Kauffman Andre » Wed Jun 15, 2016 9:12 am

I agree noajthan

As long they can prove 5 years exercising treaty rigts before child was born, it should be fine.

LilyLalilu
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Re: Passport for child born to EEA national in UK

Post by LilyLalilu » Wed Jun 15, 2016 10:26 am

The PR card was issued after child's birth.
Members have been refused a child's passport in similar cases for this reason.
That's why the OP should not send the DCPR but instead evidence of having acquired PR status prior to the child's birth (i.e. the same evidence that was used for the DCPR application).

HMPO seem to be quite inexperienced sometimes - my friend for example had a DCPR issued before her child's birth and they just did not know what a DCPR was so asked for evidence of exercising treaty rights instead :roll:
All information given is just my opinion as a member of this forum and does not constitute immigration advice.

Richard W
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Joined: Wed Oct 17, 2012 4:25 am
Location: Stevenage
England

Re: Passport for child born to EEA national in UK

Post by Richard W » Wed Jun 15, 2016 8:17 pm

LilyLalilu wrote:
The PR card was issued after child's birth.
Members have been refused a child's passport in similar cases for this reason.
That's why the OP should not send the DCPR but instead evidence of having acquired PR status prior to the child's birth (i.e. the same evidence that was used for the DCPR application).
I was originally going to say the same, until I saw that Noajthan intended to address the question in some detail. However, there are a number of possible problems:
  • The evidence may not have been complete. The final piece of evidence could have been a phone call to confirm that the OP was still working for the last recorded employer.
  • It is conceivable that the OP achieved PR after submitting the application. I believe that is why Noajthan asked if the OP were an A8 or A2 national.
  • The child needs to keep evidence of British citizenship for the rest of his life (and perhaps his descendants thereafter). Is a passport likely to suffice? I fear it will not. Should the bundle be supplemented for long term reference by a Subject Access Request (SAR) on the father (cheap) or a nationality status letter (pricey)?

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