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A person born in the United Kingdom after commencement who is not a British citizen by virtue of subsection (1) [F7, (1A)] or (2) shall be entitled to be registered as a British citizen if, while he is a minor—

(a)his father or mother becomes a British citizen or becomes settled in the United Kingdom; and

(b)an application is made for his registration as a British citizen.

savage87 wrote:Hi, my name is Alex, my wife and I are Romanian nationals, we have a 3 years old son. We come to the UK in Sept 2009, since then I've been self-employed under CIS and my was on and of employed/self-employed with a 2 year gap looking after my son after her maternity leave.

On the 12th of Jan 2016 we have applied for British citizenship for my son. We used NCS, I've prepared a lot of documents to support the application, but the only thing they asked for were 5x SA302.
Today, 12th of March 2016 we got a letter through the post asking us to send evidence that the mother has exersising the Treaty Rights for a continuous 5 years and that is a problem for us as she had a gap.

British Nationality Act 1981 Section 1(3)

....

I'm really frustrated because of this situation.

Please HELP! Thanks!

savage87 wrote:Thanks for you quick reply noajthan!

Like I said above, all that was requested at NCS were 5x SA302 as I've been self-employed under CIS since coming to the UK in 2009. I'm currenty in the process of applying for PR, but don't actually hold confirmation yet. I believe that I've become settled in 2015.

savage87 wrote:I have sent them an email as per the letter that they sent me. I'm just affraid that they won't respond in time as they given me a deadline to send the supporting document for my wife, if I don't send the document that they require by the 24th of March the application will be refused.
Another problem with that is that my son's passport has expired since making the application and they want original valid ID.

A person born in the United Kingdom after commencement who is not a British citizen by virtue of subsection (1) [F7, (1A)] or (2) shall be entitled to be registered as a British citizen if, while he is a minor—

(a)his father or mother becomes a British citizen or becomes settled in the United Kingdom; and

(b)an application is made for his registration as a British citizen.

savage87 wrote:That's how I made the appliation, under section 1(3).
I have been exercising my Treaty Rights since nov 2009 so in nov 2014 I had 5 continuous years. In March 2015 I've worked with the same company for a continuous 5 years. I have paid my taxes and NI and sumbitted self assesments every year since 2009. My son was born in the UK in nov 2010. So, my opinion is that he can be registered as a British Citizen under section 1(3) as quoted:

...

It's not a requirement that I get confirmation of PR before appliyng...Correct?

I would of thought that they would of asked me for further evidence to support my self-employement, instead they asked me about my wife..

Immigration (European Economic Area) Regulations wrote: Section 6
Section 7
and most important
Section 14 and 15:
14. (1) A qualified person is entitled to reside in the United Kingdom for so long as he remains a qualified person.

(2) A family member of a qualified person residing in the United Kingdom under paragraph (1) or of an EEA national with a permanent right of residence under regulation 15 is entitled to reside in the United Kingdom for so long as he remains the family member of the qualified person or EEA national.
- See more at: http://www.eearegulations.co.uk/Latest/ ... WBD5f.dpuf
...
15. (1) The following persons shall acquire the right to reside in the United Kingdom permanently—

(a)an EEA national who has resided in the United Kingdom in accordance with these Regulations for a continuous period of five years;
- See more at: http://www.eearegulations.co.uk/Latest/ ... xLXcg.dpuf

savage87 wrote:No laughing matter, I was really stressing out when I got the letter.

The caseworker has initials N U..