Children had ILR through settled status

My children and my wife acquired settled status last year March. They are all EU citizens. My son was born in 2014 and my daughter was born in 2016. Do you think I can apply for British passport for my children straightaway without naturalisation?

No, as your children were born before you acquired Settled Status.

The children would only acquire British citizenship (and British passport) if they were born in the UK after at least one parent either acquired Settled Status or PR under the EEA Regulations.

The children will need to be registered as British citizens on Form MN1 before they can apply for British passports.

Where were the children born (in the UK or abroad)?

Alex0226 wrote: ↑

Sun Feb 16, 2020 6:30 am

My children and my wife acquired settled status last year March. They are all EU citizens. My son was born in 2014 and my daughter was born in 2016. Do you think I can apply for British passport for my children straightaway without naturalisation?

As Secret.Simon explains, they don't automatically acquire British Citizenship from your immigration status. However, if they were born after their EU-citizen mother had been working, or studying with CSI, for a continuous period of 5 years, without an intervening 2-year break in residence, they would automatically be British as a result of her automatically achieving PR. Has she achieved PR? Does she have a DCPR?

Can someone please help me out with this question?
My children were born in UK but they had thier ILR over a year ago through settled status with thier mum.
Do they need to apply for British passport straightaway or they will have to apply for citizenship first.
Thank you

Alex0226 wrote: ↑

Fri Oct 30, 2020 7:12 am

Can someone please help me out with this question?
My children were born in UK but they had thier ILR over a year ago through settled status with thier mum.
Do they need to apply for British passport straightaway or they will have to apply for citizenship first.
Thank you

Topics merged!! Your question was already answered when you asked in February!

Thank you for your reply. I didnt realise its been answered. My apology!. Thier mum has been exercising her treaty right with Valid CSI plus work for a continuous of 5 years. Mummy had her settled status together with the kids. Based on your reply, I want to believe they can apply for British passport straightaway without any need of naturalisation. If im right.
Thank you so much for your reply

If the children were born in the UK and either one of the parents had exercised treaty rights for five continuous years before the birth of the child, then yes, the child can apply directly for a British passport.

In such a scenario, it would be better for the parent to apply for a DCPR with the evidence that they exercised treaty rights for five continuous years before the birth of the child. If the DCPR states that PR was acquired before the birth of the child, then the child can apply for a British passport with the DCPR and their birth certificate.

If neither parent had PR at the time of the child's birth, then the only way ahead is to register the child as a British citizen before applying for a passport.

Thank you secret Simon. This is really helpful