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Old EU PR rules for children

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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adamaa1
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Old EU PR rules for children

Post by adamaa1 » Sat Feb 27, 2021 7:10 pm

My son was born in the UK in 2010 to EU parents without 5 years of residence. All of us now have settled status so my son is obviously eligible for registration with form MN1.

My brother however moved to the UK in 2018 and got settled status as our father holds settled status and him being under 21 years old.

I myself moved to the UK in 2008 and we’d have to double check our dates but my father might’ve already completed 5 years of residence by the time my son was born. Was there any equivalent rule for automatic acquisition of the old rules EU permanent residence that could’ve made me settled at the time my son was born, just like my brother’s case with the current EU settlement scheme rules?

I’ve tried to research this but everything I can find relates to the current EU settlement scheme rules. Any advice would be appreciated. Thought it’s worth asking to have a chance to avoid the £1000+ fee and hassle.

Edit: stupidly forgot to mention, I was 20 at the time of my son’s birth in 2010

secret.simon
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Re: Old EU PR rules for children

Post by secret.simon » Sat Feb 27, 2021 7:40 pm

To the best of my knowledge, no.

The old EEA Regulations required residence in the UK for at least five years, even as a family member of both parents having PR, unless some very specific conditions were met (where, for instance, the EEA citizen had died after having resided in the UK for at least two years immediately before their death, or if the EEA citizen was a "worker or self-employed person who has ceased activity").

The Settlement Scheme in this case applies the requirements of the non-EEA Immigration Rules, which is that children born abroad have the status of the less-privileged parent. Therefore, if both parents are settled, the child is also treated as settled (because that is the lowest status held between the two parents). That did not apply in 2010 to people residing in the UK under the EEA Regulations.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

adamaa1
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Posts: 4
Joined: Tue Feb 23, 2021 2:49 pm
Canada

Re: Old EU PR rules for children

Post by adamaa1 » Sat Feb 27, 2021 9:04 pm

secret.simon wrote:
Sat Feb 27, 2021 7:40 pm
To the best of my knowledge, no.

The old EEA Regulations required residence in the UK for at least five years, even as a family member of both parents having PR, unless some very specific conditions were met (where, for instance, the EEA citizen had died after having resided in the UK for at least two years immediately before their death, or if the EEA citizen was a "worker or self-employed person who has ceased activity").

The Settlement Scheme in this case applies the requirements of the non-EEA Immigration Rules, which is that children born abroad have the status of the less-privileged parent. Therefore, if both parents are settled, the child is also treated as settled (because that is the lowest status held between the two parents). That did not apply in 2010 to people residing in the UK under the EEA Regulations.
Thank you for your response. I was hoping maybe there exists a relevant annex as the EEA legislation seemed incredibly short but I know very little about all this stuff. MN1 form it is.

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