British Citizenship to a Child born in UK to EEA mother

Thanks Gurus for the replies. The timeline after applying for a French PP is 3-4 weeks. I have got an appointment for 29th May so it wont be before end of June that we will get a French Passport for him.
My wife was an assistant teacher for a couple of years before she decided to do her PG in Education so that she can be a teacher, and now she is working as a full time teacher in London. And when she applied for her EEA1 and my EEA2 she had just finished her studies and started working ( she finished university in July 2010 and started working in Sep 2010 and applied for her EEA1 in Dec 2010. So i guess she applied for EEA1 on the basis of her new permanent job as a teacher after her studies. She is been in UK since 2006.

dhruv45in wrote:Thanks Gurus for the replies. The timeline after applying for a French PP is 3-4 weeks. I have got an appointment for 29th May so it wont be before end of June that we will get a French Passport for him.
My wife was an assistant teacher for a couple of years before she decided to do her PG in Education so that she can be a teacher, and now she is working as a full time teacher in London. And when she applied for her EEA1 and my EEA2 she had just finished her studies and started working ( she finished university in July 2010 and started working in Sep 2010 and applied for her EEA1 in Dec 2010. So i guess she applied for EEA1 on the basis of her new permanent job as a teacher after her studies. She is been in UK since 2006.

Ok, that's very helpful. A person who has worked for more than a year, can voluntarily leave their job and still be considered a worker if they embark on vocational training. To me, from what you've posted above she could successfully argue that her studies were for the purposes of advancing the vocation she had chosen, ie teaching.

I would recommend that at some point your wife applies for PR. It may help you in the future.

Great, thanks ! is that somewhere in writing ? so that if they refuse us the PP or anything, we can argue on that basis

EUsmileWEallsmile wrote:I would recommend that at some point your wife applies for PR. It may help you in the future.

yes you are right, actually she is eligible for a British PP as well as her mother is british and she was born before the law changed ( 1982) so she can apply for a British PP for herself, which we should have done before

dhruv45in wrote:Great, thanks ! is that somewhere in writing ? so that if they refuse us the PP or anything, we can argue on that basis

It's in the directive 2004/38 and the 2006 immigration regs.

i had same situation when i applied for my son's British passport coz my spouse is EU national.
I applied direct to IPS, with all evidence of being student and worker in past five years from the birth of child.
and also had claimed JSA. a letter from HMRC confirming JSA dates was enough for IPS.
What they told me on phone, due to claiming JSA , ur son cant get British passport but they were wrong and i received British passport in 5 days.

Do not have CSS, EEA1, EEA3.
Good Luck to all.

dhruv45in wrote:yes you are right, actually she is eligible for a British PP as well as her mother is british and she was born before the law changed ( 1982) so she can apply for a British PP for herself, which we should have done before

Well if the mother is British (not having a passport doesn't mean you don't hold a nationality. It just means she did not apply for a passport), then you are approaching the issue from the wrong angle.

Prove the mother is British and the UK born child is British from birth. No matter what the mother did in the UK.