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EU citizens RESIDING in UK

This is the area of this board to discuss the referendum taking place in the UK on 23rd June 2016. Also to discuss the ramifications of the EU-UK deal.

Differing views will be respected. Rudeness to other members will not be welcome.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, Administrator

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

EU citizens RESIDING in UK

Post by nemerkh » Mon Jun 13, 2016 7:27 pm

Hello all
Obviously with the brexit prospect coming closer, new fears have arisen for me and my family at least as per EU route.

Having researched a few articles, even Nige himself said that EU cotizens residing in the UK should be OK, given ILR possibly and a few mentions to the Vienna convention, that is not that straight forward. I have a few speculations and was wondering your thoughts on that.
When they talk about EU citizens residing in the Uk, do they mean those who qualified/posses a PR?
We are on our 9th year and 2nd EEAs (am not EU wife is, self sufficient with CSI) as our first eea3/4 application failed due to insifficient evidence of self employment. Hence the question, are our first 5 years in the Uk considered to lawful or unlawful?
We have 2 UK born children, eldest will be 9 in october, would that be used as a 7year rule adaptation status?
Also is it true that children get a british citizenship if they were born in the uk, and lived here continuously for 10 years?
Thanks

secret.simon
Moderator
Posts: 10975
Joined: Thu Feb 21, 2013 9:29 pm

Re: EU citizens RESIDING in UK

Post by secret.simon » Mon Jun 13, 2016 7:36 pm

nemerkh wrote:When they talk about EU citizens residing in the Uk, do they mean those who qualified/posses a PR?
I doubt even they know.
nemerkh wrote:We have 2 UK born children, eldest will be 9 in october, would that be used as a 7year rule adaptation status?
Under the UK Immigration Rules, children who have already spent 7 years in the UK lawfully can get FLR(FP) for another 2.5 years, renewable until they complete 10 years, after which they can apply for ILR in their own right.

The application not only requires 7 years of residence in the UK, but also proof of why it would be unreasonable for the child to leave the UK. So, it is not as straight forward as just having spent 7 years in the UK.
nemerkh wrote:is it true that children get a british citizenship if they were born in the uk, and lived here continuously for 10 years?
Yes. It is an lifelong entitlement (i.e. it can't be refused) under Section 1(4) of the British Nationality Act 1981, provided the child has not spent more than 90 days outside the UK in each of the first ten years of his/her life.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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

Re: EU citizens RESIDING in UK

Post by nemerkh » Mon Jun 13, 2016 7:40 pm

Thank you about the 10 years clarification.
We dont have property outside the EU and my children only speak english (as opposed to Latvian) would that count as good enough reason? If the child get naturalised do we as oarents benefit from that as well?

And with regards to our first 5 years of eea1/2, is that counted as lawful residence in the uk?

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