BC- Children born in UK, Father is EEA Citizen living UK

lindanirvana · Post by **lindanirvana** » Sun Apr 08, 2012 3:44 pm

I would just like to get some clarification that our assumptions are correct.

My husband is an EEA8 Citizen, arrived to the UK in April 2006.
Registered WR on May 2006, worked from May 2006 to October 2010.
Unemployed-looking for work 3 months (with prove of this)
Self sufficient with Comprehensive Insurance since Feb 2011 until now.

We assume he has now been automatically given PR, and therefore we could Register or Children as a British Citizen.

Children born in UK on Feb 2008 and July 2009.

MN1 Form has been filled, we got 5 P60's ready for him, plus pay slips and the proof of comprehensive insurance valid.

Would that be enough to send and expect to get it approved?

Thanks for any advise...

MelC · Post by **MelC** » Sun Apr 08, 2012 4:10 pm

lindanirvana wrote:I would just like to get some clarification that our assumptions are correct.

My husband is an EEA8 Citizen, arrived to the UK in April 2006.
Registered WR on May 2006, worked from May 2006 to October 2010.
Unemployed-looking for work 3 months (with prove of this)
Self sufficient with Comprehensive Insurance since Feb 2011 until now.

We assume he has now been automatically given PR, and therefore we could Register or Children as a British Citizen.

Children born in UK on Feb 2008 and July 2009.

MN1 Form has been filled, we got 5 P60's ready for him, plus pay slips and the proof of comprehensive insurance valid.

Would that be enough to send and expect to get it approved?

Thanks for any advise...

what nationality are you? did you arrive together in the UK? were you married pre your respective arrivals in the UK? (this is if you are not a brit cit)

you assume incorrectly, your husband has not been automatically given PR, the fact that he is a national of a former A8 EU state, A8 nationals now have full EU rights, and it is NON EU nationals who would require PR.
your husband as an EEA national has the right to live wherever he wishes within the EU.

If you are not an EU citizen it is YOU that requires Residence and then Permanent residence, your husband requires nothing.

as you have proof that your husband has been exercising treaty rights in the UK for 5 years your children qualify for registration as BC's.

your husbands time on the WRS counts towards his 5 years.

does your husband have a Registration certificate that he would have applied for when he entered the UK as EU nationals only require a registration certificate and again that is only confirmation of rights not granting of them

Jambo · Post by **Jambo** » Sun Apr 08, 2012 4:20 pm

lindanirvana wrote:I would just like to get some clarification that our assumptions are correct.

My husband is an EEA8 Citizen, arrived to the UK in April 2006.
Registered WR on May 2006, worked from May 2006 to October 2010.
Unemployed-looking for work 3 months (with prove of this)
Self sufficient with Comprehensive Insurance since Feb 2011 until now.

We assume he has now been automatically given PR, and therefore we could Register or Children as a British Citizen.

Children born in UK on Feb 2008 and July 2009.

MN1 Form has been filled, we got 5 P60's ready for him, plus pay slips and the proof of comprehensive insurance valid.

Would that be enough to send and expect to get it approved?

Thanks for any advise...

I suggest the father first apply for confirmation of his PR status using form EEA3 and you that for a MN1 application. EEA3 is free so you won't risk £810.

lindanirvana · Post by **lindanirvana** » Sun Apr 08, 2012 4:31 pm

MelC wrote:
lindanirvana wrote:I would just like to get some clarification that our assumptions are correct.

My husband is an EEA8 Citizen, arrived to the UK in April 2006.
Registered WR on May 2006, worked from May 2006 to October 2010.
Unemployed-looking for work 3 months (with prove of this)
Self sufficient with Comprehensive Insurance since Feb 2011 until now.

We assume he has now been automatically given PR, and therefore we could Register or Children as a British Citizen.

Children born in UK on Feb 2008 and July 2009.

MN1 Form has been filled, we got 5 P60's ready for him, plus pay slips and the proof of comprehensive insurance valid.

Would that be enough to send and expect to get it approved?

Thanks for any advise...
what nationality are you? did you arrive together in the UK? were you married pre your respective arrivals in the UK? (this is if you are not a brit cit)

- I am a Non EU Citizen, yes married for 3 years prior to coming to the UK

you assume incorrectly, your husband has not been automatically given PR, the fact that he is a national of a former A8 EU state, A8 nationals now have full EU rights, and it is NON EU nationals who would require PR.
your husband as an EEA national has the right to live wherever he wishes within the EU.

Well, my understanding is the this right to live 'wherever he wishes' within EU as you said is at some extent correct, however, for Immigration purposes, the HO defines that after 5 years exercising treaty rights he is actually given the PR status, so please check your facts.

If you are not an EU citizen it is YOU that requires Residence and then Permanent residence, your husband requires nothing.

I have Residence permit until the end of 2012 and I have no interest in pursuing Permanent Residence at all since we are all moving abroad.

are you saying that you have 2 children aged 4 and 3 and they have no birth certificates?

Who said anything about Birth Certificates? Of course they do! Come on! They are born in UK and EU Citizens, and my initial question was indeed to confirm that the documents are the ones required to registered them as British Citizens!

Thanks for replying, but somehow I didn't express myself correctly or you fail to understand me, however, your tone was rude....

lindanirvana · Post by **lindanirvana** » Sun Apr 08, 2012 4:34 pm

I suggest the father first apply for confirmation of his PR status using form EEA3 and you that for a MN1 application. EEA3 is free so you won't risk £810.[/quote]

Thanks very much for replying, that might be a sensitive option, however, we are living the country in 1 month time for good, unless we use my husband ID Card to apply instead of a passport?

We don't even think we will be coming back to the UK, however, we wanted to get the children citizenships as they were born here in case they ever wanted to come back to live in the UK, they are EU Citizens already anyway.

Thanks again for replying...

lindanirvana · Post by **lindanirvana** » Sun Apr 08, 2012 4:35 pm

I suggest the father first apply for confirmation of his PR status using form EEA3 and you that for a MN1 application. EEA3 is free so you won't risk £810.[/quote]

Thanks very much for replying, that might be a sensitive option, however, we are living the country in 1 month time for good, unless we use my husband ID Card to apply instead of a passport?

We don't even think we will be coming back to the UK, however, we wanted to get the children citizenships as they were born here in case they ever wanted to come back to live in the UK, they are EU Citizens already anyway.

Thanks again for replying...

MelC · Post by **MelC** » Sun Apr 08, 2012 4:59 pm

i amended my post, i had confused myself where you stated about the children, i was confused, but did not intend to appear rude. my apologies, your post threw me completely, i could see why an EEA national would be applying for PR.

what confused me iwas your status, which you have clarified as you are the Non-EU, so do you have a residence card or have you applied for your PR?

my trail of thought is that if you have applied for or got these, you have used your husbands details to acquire them, as he would still only have his registration certificate as that is all an EU citizen requires. anything above that is optional.

this in turn would go towards the app for the children to become BC's.

the employment information your husband has would be fine along with accommodation information for him to prove that he has been resident for 5 years or more.

MelC · Post by **MelC** » Sun Apr 08, 2012 5:15 pm

Well, my understanding is the this right to live 'wherever he wishes' within EU as you said is at some extent correct, however, for Immigration purposes, the HO defines that after 5 years exercising treaty rights he is actually given the PR status, so please check your facts.

If you are not an EU citizen it is YOU that requires Residence and then Permanent residence, your husband requires nothing.

I have Residence permit until the end of 2012 and I have no interest in pursuing Permanent Residence at all since we are all moving abroad.

i don't need to check, as an EU citizen your husband has a right to reside permenantly in the UK, if he so wished, EU citizenship confers such to us all in theory?

as you have a Residence Card you are very up to speed that as the non EU national that it is family members to whom such applies.

I understand your saying if the children wished to reside in the UK later, but they have that right as EU citizens and could have passports at that time, but it would probably be as easy to do it now if you want the children to travel on them

lindanirvana · Post by **lindanirvana** » Sun Apr 08, 2012 5:18 pm

[quote="MelC"]i amended my post, i had confused myself where you stated about the children, i was confused, but did not intend to appear rude. my apologies, your post threw me completely, i could see why an EEA national would be applying for PR.

what confused me iwas your status, which you have clarified as you are the Non-EU, so do you have a residence card or have you applied for your PR?

my trail of thought is that if you have applied for or got these, you have used your husbands details to acquire them, as he would still only have his registration certificate as that is all an EU citizen requires. anything above that is optional.

this in turn would go towards the app for the children to become BC's.

the employment information your husband has would be fine along with accommodation information for him to prove that he has been resident for 5 years or more.[/quote]

I have a Residence card, no intention in applying for PR since we are leaving the UK for good.

My husband has records of renting accommodation for 2 years and our Mortgage for the last 4 years or so. SO that will help in case we decide to apply either for my husband PR or Children Citizenship, not sure if we will....

Thank you.

Jambo · Post by **Jambo** » Sun Apr 08, 2012 7:04 pm

lindanirvana wrote:
Jambo wrote:]I suggest the father first apply for confirmation of his PR status using form EEA3 and you that for a MN1 application. EEA3 is free so you won't risk £810.
Thanks very much for replying, that might be a sensitive option, however, we are living the country in 1 month time for good, unless we use my husband ID Card to apply instead of a passport?

We don't even think we will be coming back to the UK, however, we wanted to get the children citizenships as they were born here in case they ever wanted to come back to live in the UK, they are EU Citizens already anyway.

Thanks again for replying...

MN1 application takes more than 1 month so in any case you will need to find a solution for not being in the UK to receive the certificate in the post.

MN1 doesn't need to be applied from the UK so you can make the application from abroad also (applying to the nearest diplomatic post).

As I said getting PR confirmation would make the whole process simpler. You can use a national ID instead of a passport.

EUsmileWEallsmile · Post by **EUsmileWEallsmile** » Mon Apr 09, 2012 10:07 am

Jambo wrote:
lindanirvana wrote:
Jambo wrote:]I suggest the father first apply for confirmation of his PR status using form EEA3 and you that for a MN1 application. EEA3 is free so you won't risk £810.
Thanks very much for replying, that might be a sensitive option, however, we are living the country in 1 month time for good, unless we use my husband ID Card to apply instead of a passport?

We don't even think we will be coming back to the UK, however, we wanted to get the children citizenships as they were born here in case they ever wanted to come back to live in the UK, they are EU Citizens already anyway.

Thanks again for replying...
MN1 application takes more than 1 month so in any case you will need to find a solution for not being in the UK to receive the certificate in the post.

MN1 doesn't need to be applied from the UK so you can make the application from abroad also (applying to the nearest diplomatic post).

As I said getting PR confirmation would make the whole process simpler. You can use a national ID instead of a passport.

I would agree with Jambo. Make a free application for PR and the children's status will be confirmed. That should take around one month to be processed.

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BC- Children born in UK, Father is EEA Citizen living UK

BC- Children born in UK, Father is EEA Citizen living UK

Re: BC- Children born in UK, Father is EEA Citizen living UK

Re: BC- Children born in UK, Father is EEA Citizen living UK

Re: BC- Children born in UK, Father is EEA Citizen living UK

Re: BC- Children born in UK, Father is EEA Citizen living UK

Re: BC- Children born in UK, Father is EEA Citizen living UK

Re: BC- Children born in UK, Father is EEA Citizen living UK

Re: BC- Children born in UK, Father is EEA Citizen living UK