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10 year rule for child

Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits.

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nemerkh
Member
Posts: 172
Joined: Thu Apr 18, 2013 7:52 pm

10 year rule for child

Post by nemerkh » Sun Jun 26, 2016 7:58 am

So we understand that a child born in the uk (2007) can have a citizenship at 10 yrs of age. We are on our 2nd eea1/2 m, due pr in 2 years time. (Noneu spiuse with eu national self suff). The funny part our 1st child will turn 10 before our pr date and with brexit we would like to secure ourselves as quick as possible.
So my question is, if our kids become naturalised, will our status here be enhanced at all? Will we benefit from that and get upgraded to pr or ilr? Thanks.

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: 10 year rule for child

Post by noajthan » Sun Jun 26, 2016 8:49 am

nemerkh wrote:So we understand that a child born in the uk (2007) can have a citizenship at 10 yrs of age. We are on our 2nd eea1/2 m, due pr in 2 years time. (Noneu spiuse with eu national self suff). The funny part our 1st child will turn 10 before our pr date and with brexit we would like to secure ourselves as quick as possible.
So my question is, if our kids become naturalised, will our status here be enhanced at all? Will we benefit from that and get upgraded to pr or ilr? Thanks.
Children do not 'naturalise', they 'register' as citizens.

No, no upgrades.
And EEA parents who only have rights to remain in UK based on a British child (for example) only achieve derivative rights - which cannot lead to PR.

So you need to continue to exercise treaty rights in order to have a chance to acquire PR.

If you run out of time (due to the final date that UK leaves EU) you will have to rely on any transitional arrangements that may be put in place for you and the thousands of others who are still on the EU migration route at that time.
Noone knows any more on that at the moment.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Richard W
- thin ice -
Posts: 1945
Joined: Wed Oct 17, 2012 3:25 am
Location: Stevenage

Re: 10 year rule for child

Post by Richard W » Sun Jun 26, 2016 11:31 am

noajthan wrote:And EEA parents who only have rights to remain in UK based on a British child (for example) only achieve derivative rights - which cannot lead to PR.

So you need to continue to exercise treaty rights in order to have a chance to acquire PR.
There's a possible fallback to human rights in Immigration Rule EX.1, either because your child has been in the UK continuously for at least 7 years (I can't find any requirement that the presence be lawful) or, in your plans, because it will have been registered as British. It also has to be unreasonable to expect the child to leave the UK. Now, if the child is British, that would currently be unreasonable (I found this in official guidance), but that assessment as unreasonable ultimately depends on EU judgements.

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