Passport application refused EEA child born in UK!!

I am EEA national, my 5 year working period was completed in August 2015. My baby was born in UK in November 2014.

As I have completed my treaty rights, I have applied for British passport online in September 2015.

Today received a reply that the application was refused because the child was born before my 5 year period was completed. Is that correct?

What would be the next course of action? Can anyone advise Please?

PS: We have been claiming Child benefit & Working tax credit since the child was born.

tapash wrote:I am EEA national, my 5 year working period was completed in August 2015. My baby was born in UK in November 2014.

As I have completed my treaty rights, I have applied for British passport online in September 2015.

Today received a reply that the application was refused because the child was born before my 5 year period was completed. Is that correct?

What would be the next course of action? Can anyone advise Please?

PS: We have been claiming Child benefit & Working tax credit since the child was born.

HMPO is correct as child was evidently born in UK before parent acquired PR.

A child born to EEA nationals in these circumstances is entitled to register as a British citizen.

Next step is to register child under section 1(3) of BNA using form MN1.
Once registered the child may then apply for the privilege of a British passport.

See HO guidance on this matter:
https://www.gov.uk/government/uploads/s ... ations.pdf
- ref page 7

noajthan wrote: HMPO is correct as child was evidently born in UK before parent acquired PR.

A child born to EEA nationals in these circumstances is entitled to register as a British citizen.

Next step is to register child under section 1(3) of BNA using form MN1.
Once registered the child may then apply for the privilege of a British passport.

See HO guidance on this matter:
https://www.gov.uk/government/uploads/s ... ations.pdf
- ref page 7

Thank you very much for your reply. On another note, does claiming benefit disqualify an EEA member/Family member to be eligible for PR or British passport?

tapash wrote:Thank you very much for your reply. On another note, does claiming benefit disqualify an EEA member/Family member to be eligible for PR or British passport?

Claiming benefits (or not) has no bearing on obtaining a passport.

As long as done legally & by entitlement it should not impact naturalisation (so as to not to fail the 'good character' requirement for citizenship).

Whether it impacts acquiring PR probably depends under which category of qualified person the EEA national was here in UK exercising treaty rights;
for example, a self-sufficient person is not expected to be a burden on the state.

noajthan wrote: Claiming benefits (or not) has no bearing on obtaining a passport.

As long as done legally & by entitlement it should not impact naturalisation (so as to not to fail the 'good character' requirement for citizenship).

Whether it impacts acquiring PR probably depends under which category of qualified person the EEA national was here in UK exercising treaty rights;
for example, a self-sufficient person is not expected to be a burden on the state.

Thank you for clarifying very nicely.
Just wondering, if you would know, on MN1 form, it asks for Child's present Nationality. Which I guess would be "Stateless", Correct? I did not apply for PR yet.

In the guidance note, it says if a child is "Stateless", the FORM S2/S3 should be completed. So, my question is, do I need to complete both application forms?

tapash wrote:Thank you for clarifying very nicely.
Just wondering, if you would know, on MN1 form, it asks for Child's present Nationality. Which I guess would be "Stateless", Correct? I did not apply for PR yet.

In the guidance note, it says if a child is "Stateless", the FORM S2/S3 should be completed. So, my question is, do I need to complete both application forms?

I am sure your child is not 'stateless'.
The child either has your nationality or possibly leave it blank.
Form MN1 is appropriate for a Section 1(3) application.
(It's a generic form used in many scenarios).

Note you cannot/should not apply to register your child before one of the parents has acquired PR (ie has settled status) in UK (or has naturalised)
You have to be sure you have PR (setled status if not become a BC) or the application will fail.

noajthan wrote: I am sure your child is not 'stateless'.
The child either has your nationality or possibly leave it blank.
Form MN1 is appropriate for a Section 1(3) application.
(It's a generic form used in many scenarios).

Note you cannot/should not apply to register your child before one of the parents has acquired PR (ie has settled status) in UK (or has naturalised)
You have to be sure you have PR (setled status if not become a BC) or the application will fail.

Really appreciate your input. It was really helpful. Many Thanks.