Child born in UK to EEA national, resident for over 17 years

[fmdddv]

Hi all,

I have been living in the UK for 17 years since 1994, I went to school, college, university and worked here.
My baby was born in 2010 and for whom I recently made an application for British passport. I don't have a permanent residence card as I know permanent residence is automatically acquired after 5 years exercising treaty rights.
I have forwarded my P60s to IPS (2006, 2007, 2008, 2009, 2010). The problem is in 2009 & 2010, I was only working part-time due and I was not able to find full-time employment due to the economic climate. IPS pointed out that my earnings for those two years were not sufficient and wanted confirmation that I was not in receipt of benefits. I explained that I had received HB for a few months due to only working p/t and on that basis they declined my baby's application.
My question is why is it only the 5 years prior to my baby's birth that are taken into consideration? What about the other 12 years that I've been exercising treaty rights, don't they count for anything?
Also, I wasn't a burden on public fund, merely for a few months, why the automatic disqualification?
I would be grateful for some advice on how to proceed as I am thinking of appealing. Do I have grounds?

Thanks for your replies...

[vinny]

See also Lassal and New ECJ ruling on Permanent Residence.

[fmdddv]

Thank you for your reply vinny but how do I put this into words to the IPS?
They still have all my supporting documents, so is it a case of simply writing a letter to them and do I need to forward further supporting documents?
I had already included proof that I started school in this country from 1994 with my original application
I am a bit at a loss as to how to proceed from here.

Thanks for your replies.

[Jambo]

Phone IPS and talk to them. Their customer service is quite good.

The fastest way would be to provide P60's for the years 2004-2005 so you will have 5 full years of P60's without benefits.

[fmdddv]

Phone IPS and talk to them. Their customer service is quite good.

The fastest way would be to provide P60's for the years 2004-2005 so you will have 5 full years of P60's without benefits.

Thanks for your reply Jambo, IPS are arguing that the 5 years should be prior to my baby's birth, in my case 2005-2010. That is what I don't quite understand as they are ignoring the fact that I have been settled here since 1994. Prior to 2005, I was a university student.

Thanks for your replies.

[Jambo]

IPS are right that the 5 years need to be prior to your son birth although they can be any 5 years not the 5 years just before the birth.

I believe there might also be an issue that under pre-2006 rules, being a EEA national student did not lead to obtaining ILR (or PR is the post-2006 terms) so I'm not sure if you have obtained PR status before 2006. Maybe worth calling the HO to get their advise.

You can also apply for confirmation of British nationality from the HO and use that for a passport application.

[fmdddv]

Thanks for your reply Jambo.
In late 2010, I was awarded a claim for income support on the basis that I had demonstrated continuous treaty rights for at least 5 years in accordance with the EEA immigration regulations 2000 & 2006.

The decision was that: "On the evidence provided, I have decided that from 08/19/10 the claimant has a right to reside and can be treated as habitually resident in the UK because she has acquired a right of residence as defined by regulation 15(1)(a) and (c) of the immigration EEA regulations 2006.
The above right to reside and habitual residence decision was made in accordance with regulation 21AA(1) and (2) of the income support general regulation 1987."

Can this letter serve has prof of being settled in the UK?

IPS are stressing that the 5 years should be just prior to the child birth, hence 2005-2010 for me. I have argue this with them to no avail.

[fmdddv]

Hi all,

My son's application was granted. It goes to show that you have to be persistent and that IPS are sometimes wrong in the information they provide. I had to call UKBA nationality department in order to get confirmation for the 5 years, after that IPS admitted they were wrong.

Thanks very much for the help.