Supporting documents - 1st British passport for EEA child

In 2014 my son (born 2014) was refused British citizenship - the reason was that me, as a EU citizen didn't have CSI as a student 2009-2012. I arrived in UK in 2006, but never applied for any paperwork (WRS or ILR card). I have worked 2007-2009 (no WRS so ""illegal"), then 2009-2012 bachelor degree (was classed as a home student), then back to work and 2014 my son was born
Considering recent changes in treatment of missing CSI when applying for citizenship (it should not affect application), would it be reasonable to reapply for my son citizenship?
Thanks for help guys!

Assume son was born in the UK. What status do you and father hold.
You could apply for his registration, form MN1. As the child is the applicant CSI is not relevant, and now defunct anyway.
Please review the guidance: https://www.gov.uk/government/publicati ... 1-guidance

Both me and my partner have settled status now. Lack of my CSI when I was a student (2009-2012), 2 years of 4 prior to when he was born (2014), meant that I didn't reside in UK lawfully for 4 years prior to his birthday. That was the reason for him not getting citizenship.
I will look at the link you send, thanks for the answer!

Sorry, what I meant before was that my child was not recognised as automatically British citizen because I didn't excersize EC treaty rights (lack of CSI) for 5 years prior to child being born. The guidance is saying:
"A child born in the United Kingdom to an EEA national after 30 April 2006 will be a British citizen if their parent had been in the United Kingdom exercising EC Treaty rights in accordance with the Immigration (European Economic Area) Regulations 2006 for more than 5 years or has indefinite leave to remain".
So considering recent changes in approach to lack of CSI I was wandering should I apply again for HIS PASSPORT as he should be recognised automatically as British citizen.

OK, understand - thanks for clarifying.
I think there's good news. You should be able to apply for a "treaty rights passport". Suggest in your application quote the relevant section from the guidance, updated in September 2022 - where it says NHS can be accepted as CSI!
https://assets.publishing.service.gov.u ... ns_V12.pdf

Refer to the guidance on "Treaty Rights Passports" page 56.

Quote:
"Student: comprehensive sickness insurance
Unless they were issued with an EEA Registration Certificate on the basis of being a
student on or before 8 July 2010, EEA nationals who exercised Treaty rights as a
student (and any family members from 22 June 2015) had to be covered by
comprehensive sickness insurance (CSI).
As long as an EEA national provides evidence to show they exercised Treaty rights
as a student (in line with this guidance):
• you do not need any evidence to show they (and any family members) were
covered by CSI
• they (and any family members) will automatically be covered by CSI
This is because at the time the EEA national was a student, they will have been
considered ordinarily (lawfully) resident in the UK and would have been able to
access the National Health Service (NHS), which we can accept as CSI.
You do not need to check if the EEA national had access to the NHS by checking if
they were registered with a doctors surgery or an NHS Trust.

Omg, that is such a amazing turn of the events! Thank you for your advice, it's greatly appreciated
I will fill the passport application online and will see what will be the outcome:)

Please do let us know the outcome - hopefully this is will be straightforward.
Also post the timeline here: british-citizenship/british-passport-ap ... l#p2099094

alterhase58 wrote: ↑

Mon Dec 12, 2022 11:08 pm

OK, understand - thanks for clarifying.
I think there's good news. You should be able to apply for a "treaty rights passport". Suggest in your application quote the relevant section from the guidance, updated in September 2022 - where it says NHS can be accepted as CSI!
https://assets.publishing.service.gov.u ... ns_V12.pdf

Refer to the guidance on "Treaty Rights Passports" page 56.

Interestingly, HMRC had previously recognized

Comprehensive sickness cover includes the National Heath Service (NHS) cover.

between 3 July 2007 and 16 June 2011.

Hi guys,
Applied for my son UK passport in 12.2022 hoping he will come under category of automatic citizenship and now I have to send additional documents to prove that I was residing lawfully 5 years prior to him being born (11.09.2014) (not only payslips, P45 and P60 which I already provided, but also HRMC history of employment and DWP records)
So my first question is how to calculate 5 consecutive years if my son was born in Sep 2014- is it whole 2009 or from Sep 2009?
The reason is that I become student in Sep 2009 (no CSI but it seems it won't be a problem now), but was working before that without valid WRS (worked in one place 2007- Aug 2009 but first through employment agency which is stated on WRS, and after few months, directly for company but did not inform WRS people about that change).
Also during my 3 years in college I have been abroad for student Erasmus exchange (academic year 2010-2011) - will it be a problem when counting absence you are allowed during 5 year period?
Thanks for help:)

Hi guys,
Long story short: in December 2022 Ive applied for 1st British passport for my son as an EEA national who excercised Treaty rights for 5 years prior to my son being born in Sep 2014. I have send already a few letters with supporting documents as each time something was missing.
During those 5 years prior to my son being born I was a student, a jobseeker and a worker for different employment agiencies, so there was a heap of documents I have collected.
I managed to prove my status for almost all 5 year period apart for one month in 2012 (August). In July 2012 I have finished my degree and in September 2012 I have started work.
Caseworker is now demanding proof of sufficient funds to support myself during August 2012.
Historic bank statements of current account I have addmited where turned down as there was not enough money to suport myself in caseworker opinion. There is no guidance of how much money in your account is sufficient amount though.... I also relied on my credit card during that time, paying bills and rent with it, but unfortunately historic bank statements for that particulat card goes only as far back as January 2013.
I have no idea what now. Can the application be turned down because there is one month missing when i was not able to proof I had sufficient funds to support myself? H E L P plzzz

Is it HMPO?
I suggest to get the child registration certificate. It is also better to his future as even if you get a passport now, passport is not a proof of citizenship and he might face issues in future if he will have to prove his citizenship again. So in that sense it is better to invest in registration rather then to prove that he was born citizen.

Ask HMPO Examiner to refer the case to operational team leader (OTL) for a balance of probabilities decision. They do need evidence on the balance of probability (50%+) that the child is British.


https://assets.publishing.service.gov.u ... ble_V8.pdf



https://assets.publishing.service.gov.u ... es_V10.pdf

Thanks guys for help!
It is HMPO in Liverpool. Currently I can't afford to pay registration fee, so getting passport under Treaty rights road is the only option to collect documents and hold on to them for the future in case my son citizenship is ever questioned.
Thanks for info about probability test, will ask case worker to apply it to my son's case. Didn't even know such a thing existed, you don't get any advise on your application from caseworkers unfortunately.
Thank you for your help

Good news, my son's application for first British passport under Treaty rights was approved!
Thanks for your help guys, vey appreciated!