Immigrationboards.com

Hi I had my Permanent residence card issued in July 2014 and I had a new born baby in September 2014. Does my baby qualify as british citizen straight away or is there something else I have to do get her British passport.

Am asking this question becos initially I though my new born qualified as a British citizen so I applied for british passport for her but few days later I got a call from the passports office asking me they can't find an indefinite leave to remain in my passport. So I told them that's the permanent residence card in my passport and I went on to explain to them that that's the same as indefinite leave to remain through the EEA route. So they have asked me to post any letters from home office which came together with the permanent resident card.

Am confused becos I thought once I got my permanent resident card before the baby was born the baby will automatically be British and therefore can get a British passport. Or could you please explain if there's any other way I can get a British passport for my little girl based on my circumstance.Thank you

chaoclive wrote:

Bbk wrote:Hi I had my Permanent residence card issued in July 2014 and I had a new born baby in September 2014. Does my baby qualify as british citizen straight away or is there something else I have to do get her British passport.

Am asking this question becos initially I though my new born qualified as a British citizen so I applied for british passport for her but few days later I got a call from the passports office asking me they can't find an indefinite leave to remain in my passport. So I told them that's the permanent residence card in my passport and I went on to explain to them that that's the same as indefinite leave to remain through the EEA route. So they have asked me to post any letters home office which came together with the permanent resident card.

Am confused becos I though once I got my permanent resident card before the baby was born the baby will automatically be British and therefore can get a British passport. Or could you please explain if there's any other way I can get a British passport for the baby. Thank you

You won't have a problem. Send whatever you have and direct them here: https://www.gov.uk/government/uploads/s ... apter6.pdf. This is the European casework instructions and explains a little more about PR. You could also point them to any other sites that show the same info.
It should be fine.

You are correct.

A parent's Permanent residence card (2(1)) and child's birth in the UK afterwards should be sufficient.

Bbk wrote:I got permanent residence card in July 2014 with expiry date in July 2024.
Also I have new born in September 2014.
Does my new born qualify for British passport automatically. This is because I have applied for her British passport and and I received a letter from the passport office asking me to send any document or passport( they have my passport already) or letter from HO showing that I have indefinite leave to enter or remain at the time of the baby's birth before they can consider the application further
I thought permanent residence card and indefinite leave to enter or remain are the same or is there any difference. Also I thought since I got my permanent residence card before my daughter was born she will qualify automatically for a British passport.
I need advise please because am confused
What should I do. Is there any laws or regulations I should refer them to.
Thanks

SCHEDULE 2 > 2(1):

For the purposes of the 1971 Act and the British Nationality Act 1981(2), a person who has a permanent right of residence under regulation 15 shall be regarded as a person who is in the United Kingdom without being subject under the immigration laws to any restriction on the period for which he may remain.

2(1) implies that PR is treated as "settled" for the purposes of 1971 Act and the British Nationality Act 1981, Section 1(1)(b), Section 6(1 or 2) etc.

Note that Irish citizens are also treated as settled.

See also born in the UK and Check if you're a British citizen

Nationality instructions: volume 2 > European Economic Area and Swiss Nationals.

EU citizens' children's citizenship born prior to 2 Oct 2000

Hi
I'm in exactly the same situation: I obtained my PR document in 2012 and my baby was born in 2013. I was convicted that there wouldn't be any problem with my child's British passport application since the PR had been obtained before the child was born. The following documents were sent with the passport application: child's birth certificate, my EU passport, my PR document, the number of my British passport which I obtained after my daughter was born. Today I received a letter asking for evidence of either parent's ILR or evidence showing that I had been a resident in the UK for 5 years prior to the child's birth. I called the passport office and calmly explained that PR is a European equivalent of ILR but they disagreed and argued that 5 years evidence is required and that the PR document doesn't prove anything. I then demanded to speak to someone more senior. The senior staff member was also clueless although much more polite. She said that either she or the case worker will contact me with the decision. I feel so angry as if I spent the afternoon talking to a wall. I would be very grateful if someone could advise me on this.

P.S. I found guidance notes (document titled 'Treaty rights') for HM Passport Office staff providing information on how to deal with applications for children whose parents are EEA national and it clearly states that a PR document is sufficient.

BbK could you please write how your situation got resolved? I'm really angry and upset about ignorance of passport office staff. Today I got a call back from another staff member who had no idea what a PR is... I just don't know how to deal with this absurd situation.

Don't deal with them over the phone anymore, send them a letter explaining situation and request passport ASAP. Also state in the letter that you won't be dealing with them over the phone and request everything in writing.

It seems the Passport Office may be having some new staff who do not know many details. I faced an issue to book an appointment for a fast track service for my son's BC (as he was born after my ILR).
Finally, I managed to book an appointment this Tuesday (7th April 2015) and it seems they have issued and dispatched my son's passport. So might receive it by tomorrow or Monday.

I found the email for tracking the application very useful and they responded within a day and you have a record of the coversation as well.

hmpo@reply.co.uk, was the email address they were corresponding with me. But try this link to track your application progress

https://www.gov.uk/track-passport-application