EEA (PR) for EEA minor born outside of UK

Hi,

Has anyone obtained an EEA (PR) card for a child? It's for a child of EU nationality born outside of UK to EU parent?

* Father has obtained EEA (PR) in 2013 and subsequently BC in 2014
* Mother has obtained EEA (PR) in 2015

Hence such an application would need to be for the minor only, as both parent already have EEA (PR)? If possible how to fill in the form? Also does any residence requirement apply or is minor's PR derived from his/her parents and was actually obtained automatically (though not confirmed with a document) at the time when father obtained his?

Normally I wouldn't even think about obtaining such a document for an EU minor, however HO seems to be giving very confusing advice on this requirement for MN1 application (section 3(1) ).

fyi - HO guidance that caseworker will use to assess the application:
https://www.gov.uk/government/uploads/s ... s_v3_0.pdf
- ref page 24+
- see example on page 26

Continuous residence in the UK for 5 years
You must make sure the applicant, their EEA national sponsor and any family members included in the application have been resident in the UK for a continuous period of five years.

Good luck.

noajthan wrote:fyi - HO guidance that caseworker will use to assess the application:
https://www.gov.uk/government/uploads/s ... s_v3_0.pdf
- ref page 24+
- see example on page 26

Good luck.

Thanks! Can't see an example on page 26, only one I think might be relevant is example 1 on page 28, where it mentions 18 years old son. However what's interesting is that in this example they did not check/ask for child's proof of continuous residence at all?

Also going by the application - https://www.gov.uk/government/uploads/s ... _07-15.pdf - there's no place to actually specify the residence history of any dependents (only main applicant and - if needed - sponsor)?


Secondly - can I still sponsor my boy, who turns 5 next year (and has arrived in UK 5 weeks after his birth) if I'm a BC? My wife is - quite likely - also going to become BC soon (the application has already been sent). We'll have the privilege of holding our EEA citizenships, but can they still be considered for sponsoring minor's EEA PR, once we both be BC (doesn't BC cancel the option of an EEA route, as you're not seen anymore as EEA citizen by HO)?
If not - what is another route for registration of an EEA minor for BC parents? Can we apply for ILR for an EU child?

adam_now wrote:

noajthan wrote:fyi - HO guidance that caseworker will use to assess the application:
https://www.gov.uk/government/uploads/s ... s_v3_0.pdf
- ref page 24+
- see example on page 26

Good luck.

Thanks! Can't see an example on page 26, only one I think might be relevant is example 1 on page 28, where it mentions 18 years old son. However what's interesting is that in this example they did not check/ask for child's proof of continuous residence at all?

Also going by the application - https://www.gov.uk/government/uploads/s ... _07-15.pdf - there's no place to actually specify the residence history of any dependents (only main applicant and - if needed - sponsor)?

Secondly - can I still sponsor my boy, who turns 5 next year (and has arrived in UK 5 weeks after his birth) if I'm a BC? My wife is - quite likely - also going to become BC soon (the application has already been sent). We'll have the privilege of holding our EEA citizenships, but can they still be considered for sponsoring minor's EEA PR, once we both be BC (doesn't BC cancel the option of an EEA route, as you're not seen anymore as EEA citizen by HO)?
If not - what is another route for registration of an EEA minor for BC parents? Can we apply for ILR for an EU child?

I meant example on page 28.

And Section 5 (page 3) of PR Guidance covers proof of residence:
https://www.gov.uk/government/uploads/s ... nts_v1.pdf

You are correct, once you are British, you will no longer be able to sponsor family dependents under EEA rules.
Yes, I suppose you will have to investigate UK Immigration routes.

noajthan wrote:And Section 5 (page 3) of PR Guidance covers proof of residence:
https://www.gov.uk/government/uploads/s ... nts_v1.pdf

You are correct, once you are British, you will no longer be able to sponsor family dependents under EEA rules.
Yes, I suppose you will have to investigate UK Immigration routes.

Question then: does an EEA minor in education in the UK earn PR in their own right after 5 years? I clearly couldn't be sponsored by my mother as she was dual Finnish & British at birth.

ohara wrote:

noajthan wrote:Question then: does an EEA minor in education in the UK earn PR in their own right after 5 years? I clearly couldn't be sponsored by my mother as she was dual Finnish & British at birth.

My understanding is, not acquired in own right as they would not be a qualified person.
PR could be acquired as a dependent family member. of a suitable sponsor.
And retained rights (RoR) can be granted to a child in education if sponsor leaves UK or otherwise ceases activity, (eg retires or dies).

But a British citizen cannot be the sponsor can they?

ohara wrote:But a British citizen cannot be the sponsor can they?

No, (not unless they have done Surinder Singh or else some transitional arrangement happens to apply in their case).

So an EEA minor born abroad to a British citizen by descent cannot earn PR without exercising treaty rights, and therefore cannot be registered as a British citizen under MN1, and must wait until they are old enough to naturalise in their own right, despite spending their whole lives in the UK

ohara wrote:So an EEA minor born abroad to a British citizen by descent cannot earn PR without exercising treaty rights, and therefore cannot be registered as a British citizen under MN1, and must wait until they are old enough to naturalise in their own right, despite spending their whole lives in the UK

My understanding is such children cannot acquire PR as such a parent will not be regarded as EEA - so EU regulations & route don't apply/can't be used.

I may be mistaken but that may also be the case (under UK Immigration Regulations) regarding question of ILR for foreign-born children of Britons who are citizens by descent.
(Doesn't seem decent or right to me).

Welcome to my life

ohara wrote:Welcome to my life

In some cases, under UK regulations, such foreign-born minors can apply to register as citizens under section 3(2) or 3(5) of BNA if they &/or parent have resided in UK.

noajthan wrote:In some cases, under UK regulations, such foreign-born minors can apply to register as citizens under section 3(2) or 3(5) of BNA if they &/or parent have resided in UK.

That'd be only in ohara's case? For my son, as both myself and my wife would by BC by naturalization we can only apply under 3(1)?

Doing a bit of forward thinking - if our MN1 application is rejected - can I apply for my son for IRL using SET(F)? Obviously he is already in the country as an EEA citizen. Or do I first need to get him on some kind of dependant visa for minors? Never really had to explore the UK immigration route, as an EU citizen .

I am more than happy to inform that Home Office has been understanding and granted my son (as part of family application with my wife) citizenship (MN1 - Section 3(1) )!

The timeline (for everyone's benefit) has been the following:
* father granted citizenship in November 2014,
* mother given DCPR December 2015,
* child born in EEA country in September 2011, came to UK in October 2011 and lived here since. However due to being here less than 5 years has not been given DCPR on its own (TBH never even tried applying for it, having assumed the status might be inherited from his parents - that's been the whole concern raised and discussed in this thread)
* both granted citizenship in March 2016

Good news and quick turnaround as well - congrats!

ohara wrote:Question then: does an EEA minor in education in the UK earn PR in their own right after 5 years? I clearly couldn't be sponsored by my mother as she was dual Finnish & British at birth.

Also being British didn't disqualify your mother from being your sponsor under British law; that disqualification didn't come in until 2012.