Immigrationboards.com

Dear all,

I have a simple question.

This is the situation:

-father is EEA and holds Residence certificate, issued April 2013.
-mother is EEA and residing here but has no Certificate of Residence yet
-they are not married
-their baby will be born around 1st of March 2014, next year.

Am I correct in assuming that the father will be able to register the child as a Birtish Citizen, considered that he is settled in the UK?
and
Does he have to wait one year since the issuing of his residence certificate to do it or can he do it straight away after the birth?

thanks for your help!

Which parent will have PR at the time of the birth? That much is not clear from your post?

Lucapooka wrote:Which parent will have PR at the time of the birth? That much is not clear from your post?

Hi! sorry I wasn't clear.
the father has had his permanent residence certificate issued on 9/4/2013.
(I guess that means he has PR status?)
By the way, as a EEA form Italy he doesn't need ILR.

thanks for your kind help

In your other post you indicated you are living (and working?) in the UK since 2001, that means that you probably have PR status and in that case the child will be British from birth (if born in the UK). No registration is required.

knitter wrote:

Lucapooka wrote:Which parent will have PR at the time of the birth? That much is not clear from your post?

Hi! sorry I wasn't clear.
the father has had his permanent residence certificate issued on 9/4/2013.
(I guess that means he has PR status?)
By the way, as a EEA form Italy he doesn't need ILR.

thanks for your kind help

I doesnt matter which of the parent has PR, as long as one of them has PR - which is the case - before the child is born then the child is automatically a UK citizen. Am assuming the child will be born in the UK.

I doesnt matter which of the parent has PR, as long as one of them has PR - which is the case - before the child is born then the child is automatically a UK citizen. Am assuming the child will be born in the UK.[/quote]

thanks for the clarity.
Yes the child will be born in the UK.
One last question: does the PR holder have to wait 1 year after the issue of the PR certificate in order to be able to register the child as citizen?
(The child will be born in March 2014 and the certificate was issued in April 2013.)

thanks

knitter wrote:I doesnt matter which of the parent has PR, as long as one of them has PR - which is the case - before the child is born then the child is automatically a UK citizen. Am assuming the child will be born in the UK.

thanks for the clarity.
Yes the child will be born in the UK.
One last question: does the PR holder have to wait 1 year after the issue of the PR certificate in order to be able to register the child as citizen?
(The child will be born in March 2014 and the certificate was issued in April 2013.)

thanks

As already stated by Jambo, immediately the child is born in the UK then the child is a UK citizen, you dont need to do anything, its automatic.

The 1 year i assume you talking about relates to if the PR holder want to become a british citizen, this does not relate to the child.

For example if someone has PR today and have a baby the next day in the UK, then the baby is a UK citizen straight away nothing needs to be done or applied for.

Thanks!

So the one year rule doesn't apply. That's great.

And the citizenship is automatic....

Do you mean I won't need to register the child as British citizen?

What if he needs a passport?

knitter wrote:Thanks!

So the one year rule doesn't apply. That's great.

And the citizenship is automatic....

Do you mean I won't need to register the child as British citizen?

What if he needs a passport?

Yes you dont need to register the child as the child is already British

What does a UK citizen do when they need a passport for the first time? they simply apply for it.

They will ask for the proof that either parent has PR when the child was born so you simply send the PR confirmation with the application.

lake1 wrote:

knitter wrote:Thanks!


Yes you dont need to register the child as the child is already British

What does a UK citizen do when they need a passport for the first time? they simply apply for it.

They will ask for the proof that either PR has PR when the child was born so you simply send the PR confirmation with the application.

wonderful! Sorry I wasn't being thick but coming from a thoroughly burocratic country (Italy) I always assume the worst!

Many thanks for your time

knitter wrote:

lake1 wrote:

knitter wrote:Thanks!


Yes you dont need to register the child as the child is already British

What does a UK citizen do when they need a passport for the first time? they simply apply for it.

They will ask for the proof that either PR has PR when the child was born so you simply send the PR confirmation with the application.

wonderful! Sorry I wasn't being thick but coming from a thoroughly burocratic country (Italy) I always assume the worst!

Many thanks for your time

No worries, am as bad with asking questions too hence why I was more than happy to help and kept replying.

Have a good day.

No worries, am as bad with asking questions too hence why I was more than happy to help and kept replying.

Have a good day.[/quote]

thanks!

by the way I just checked how to apply for a passport and it indeed looks like having been registered or not doesn't make a difference.
They ask, as you say, to send proof of the parent immigration status at the time of birth (the permanent residence certificate) an dhis/her passport.
Seems easy!

thanks a lot again

knitter wrote:No worries, am as bad with asking questions too hence why I was more than happy to help and kept replying.

Have a good day.

hanks!

by the way I just checked how to apply for a passport and it indeed looks like having been registered or not doesn't make a difference.
They ask, as you say, to send proof of the parent immigration status at the time of birth (the permanent residence certificate) an dhis/her passport.
Seems easy!

thanks a lot again

There is nothing to register / apply for hence why it doesnt make a difference.

Yes you just sent the PR.

I trust the baby is fine and kicking

lake1 wrote:

knitter wrote:No worries, am as bad with asking questions too hence why I was more than happy to help and kept replying.

Have a good day.

hanks!

by the way I just checked how to apply for a passport and it indeed looks like having been registered or not doesn't make a difference.
They ask, as you say, to send proof of the parent immigration status at the time of birth (the permanent residence certificate) an dhis/her passport.
Seems easy!

thanks a lot again

fantastic thanks
yes baby is kicking know, looking forward to be a british subject

Knitter
You do need to wait one year after PR in order to apply for Naturalisation as a British Citizen. If you got it in April 2013 then you can apply after 14th April 2014 but not before.
Yes your child will be automatically British as he will be born from a Permanent Residence holder like you. You do not need to register him/her as British and that will save you £673.00.
You just need to apply for a British passport for him/her like any British citizen does.
Good luck.

polandcalling1 wrote:Knitter
You do need to wait one year after PR in order to apply for Naturalisation as a British Citizen. If you got it in April 2013 then you can apply after 14th April 2014 but not before.....
Good luck.

Hi!
I think you can apply before the one year if you don't use the residence certificate and you resend all of your documents again for perusal.

PS: For the baby, yes it's great I don't have to register him/her and also dave so much money

thanks for your help

knitter wrote:

polandcalling1 wrote:Knitter
You do need to wait one year after PR in order to apply for Naturalisation as a British Citizen. If you got it in April 2013 then you can apply after 14th April 2014 but not before.....
Good luck.

Hi!
I think you can apply before the one year if you don't use the residence certificate and you resend all of your documents again for perusal.

PS: For the baby, yes it's great I don't have to register him/her and also dave so much money

thanks for your help

Hi knitter,
Strictly speaking polandcalling1 is correct. You have to wait for 12 months after PR. Remember that the date you acquire PR is a different thing to the date when you get your PR sticker/card. You can apply less than 12 months after the date on your sticker/card, but not less than 12 months after you actually acquired PR (which was automatically after 5 years of treaty rights).

jotter wrote:

knitter wrote:

polandcalling1 wrote:Knitter
You do need to wait one year after PR in order to apply for Naturalisation as a British Citizen. If you got it in April 2013 then you can apply after 14th April 2014 but not before.....
Good luck.

Hi!
I think you can apply before the one year if you don't use the residence certificate and you resend all of your documents again for perusal.

PS: For the baby, yes it's great I don't have to register him/her and also dave so much money

thanks for your help

Hi knitter,
Strictly speaking polandcalling1 is correct. You have to wait for 12 months after PR. Remember that the date you acquire PR is a different thing to the date when you get your PR sticker/card. You can apply less than 12 months after the date on your sticker/card, but not less than 12 months after you actually acquired PR (which was automatically after 5 years of treaty rights).

Thanks for your reply. At this point I really don't know what to think. But I booked an appointment with the National Checking Service to have the application checked and hopefully they will have an answer.

On calling UKBA, they were baffled by my question and just told me to send the certificate on top of all the documents, because they had no idea. They also didn't know how long to wait.
On calling the council registrar and citizenship office today, to book with the NCS, they didn't even know that as an Italian you don't need Indefinite Leave to Remain. They also didn't know about a PR certificate. I had to explain them and they looked it up. They were quite baffled when I mentioned free movement rights in the EU, quite a basic concept.
To be honest I am fairly shocked by mess burocracy is in the field of immigration.

This said, I'll post an answer as soon as I get one from NCS (hopefully).

I'm not sure where you are based, but you might want to consider calling another NCS. You are under no obligation to use the one nearest you. With my NCS in Nottingham, once I explained up front that I'd been on the EEA route but now my PR sticker was more than 12 months old they confirmed straight away that I didn't need to provide any treaty rights evidence with the application. Unfortunately the EEA route isn't as well known and some NCSs are hazy on it, but there is no excuse for ignorance on the part of the UKBA regarding that. The NCSs are supposed to be always able to call the UKBA if they need clarification on a point like that.