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Required docs to apply for permanent residence

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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eea1212
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Newborn Child of EEA National is British?

Post by eea1212 » Fri Sep 14, 2018 2:01 pm

Hi,

I have been resident in the UK exercising Treaty rights continuous for over five years. However, I have not yet applied for the document certifying permanent residence as an EEA national.

I have three questions to ask:

(1) My child will be born in a month time and I was wondering if he is going to be a born British and then in that case can we can apply for his British passport directly?

I have read this text on some other website: "If you are a European national and your child was born on or after 30 April 2006, your child is born British if you have acquired permanent residence in the UK prior to your child’s birth. A European national will automatically acquire permanent residence in the UK after they have resided in the UK exercising Treaty rights for five continuous years."

(2) Have I already acquired permanent residence automatically?

(3) If the answer to (1) and (2) is YES then should I still apply for the document certifying permanent residence as an EEA national just to be on the safe side or if really is a prerequisite to apply for the British citizenship for myself later?

Thanks.

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alterhase58
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Re: Newborn Child of EEA National is British?

Post by alterhase58 » Fri Sep 14, 2018 4:55 pm

Yes to (1) - refer tolink https://www.gov.uk/government/publicati ... plications
Yes probably to (2) if you exercised treaty right for five consecutive years.
(3) If you as parent want to apply for naturalisation you will need the DCPR, and have held PR for one year following the five years treaty rights exercise.
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

secret.simon
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Re: Newborn Child of EEA National is British?

Post by secret.simon » Fri Sep 14, 2018 9:03 pm

Provided you have exercised treaty rights for five continuous years, then you will have acquired PR automatically and any child born to you in the UK will be born a British citizen.

How did you exercise treaty rights for the five continuous years?
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.

eea1212
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Re: Newborn Child of EEA National is British?

Post by eea1212 » Sat Sep 15, 2018 6:24 pm

secret.simon wrote:
Fri Sep 14, 2018 9:03 pm
Provided you have exercised treaty rights for five continuous years, then you will have acquired PR automatically and any child born to you in the UK will be born a British citizen.

How did you exercise treaty rights for the five continuous years?
I have been doing a full-time permanent job continuously at the same company for almost last 6 years since coming to the UK.

eea1212
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Re: Newborn Child of EEA National is British?

Post by eea1212 » Wed Sep 26, 2018 7:55 pm

I have now submitted the application for the document certifying permanent residence as an EEA national for myself and have also made appointment for the European passport return service.

I have mentioned in the application that I had received child benefit in the year 2013 and 2014 for two years. (I had stopped getting it because it started going into my wife's account after 2014).

There is a checklist of the documents which I am supposed to supply and that includes "Proof that I have been in receipt of public funds or state benefits, such as letters from DWP, HMRC or the local authority giving details of the benefits or taxt credits."

I have not retained any letter from HMRC or DWP. The alternative is to provide bank statements of two years to show the child benefits amount coming in my account, which is going to be a lot of pages containing all sort of other irrelevant transactions as well. However, I was wondering if it really is absolutely necessary to provide the proof of child benefit or can I get away without providing any document related to that (as all parents in the UK get that particular benefit anyway) and only provide Passport, Registration Certificate and P60?

eea1212
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Required docs to apply for permanent residence

Post by eea1212 » Thu Sep 27, 2018 9:30 am

Hi,

I have submitted the application for the document certifying permanent residence as an EEA national for myself and have also made appointment for the European passport return service.

I have mentioned in the application that I had received child benefit in the year 2013 and 2014 for two years. (I had stopped getting it because it started going into my wife's account after 2014).

There is a checklist of the documents which I am supposed to supply and that includes "Proof that I have been in receipt of public funds or state benefits, such as letters from DWP, HMRC or the local authority giving details of the benefits or taxt credits."

I have not retained any letter from HMRC or DWP. The alternative is to provide bank statements of two years to show the child benefits amount coming in my account, which is going to be a lot of pages containing all sort of other irrelevant transactions as well. However, I was wondering if it really is absolutely necessary to provide the proof of child benefit or can I get away without providing any document related to that (as all parents in the UK get that particular benefit anyway) and only provide Passport, Registration Certificate and P60?

Thanks.

Sajid29
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Re: Required docs to apply for permanent residence

Post by Sajid29 » Thu Sep 27, 2018 11:43 am

I applied for PR today , however if you have online banking, just filtered the dates so you will only print the child benefit transaction and this is how i did but I also provide 5 years banks statement and explain in covering letter .

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Re: Newborn Child of EEA National is British?

Post by NikiGio » Thu Sep 27, 2018 12:20 pm

eea1212 wrote:
Wed Sep 26, 2018 7:55 pm
I have now submitted the application for the document certifying permanent residence as an EEA national for myself and have also made appointment for the European passport return service.

I have mentioned in the application that I had received child benefit in the year 2013 and 2014 for two years. (I had stopped getting it because it started going into my wife's account after 2014).

There is a checklist of the documents which I am supposed to supply and that includes "Proof that I have been in receipt of public funds or state benefits, such as letters from DWP, HMRC or the local authority giving details of the benefits or taxt credits."

I have not retained any letter from HMRC or DWP. The alternative is to provide bank statements of two years to show the child benefits amount coming in my account, which is going to be a lot of pages containing all sort of other irrelevant transactions as well. However, I was wondering if it really is absolutely necessary to provide the proof of child benefit or can I get away without providing any document related to that (as all parents in the UK get that particular benefit anyway) and only provide Passport, Registration Certificate and P60?
If the only benefit you received is child benefit, there's no need to provide evidence even if it asks for it on the checklist - just declare it on the application, which you have done. Although you can send bank statements for the two years if you want to.
Some people, for their piece of mind, have included a letter from the authorities that confirmed the benefit and the most recent bank statement showing receipt of the last payment received - highlight the payment with an asterisk/highlighter to make it even clearer to the case worker. Maybe also include a covering letter explaining the above.
Receipt of child benefit is not crucial to your application, as it is not key to establishing you were exercising treaty rights. Receipt of other benefits like JSA or Universal Credit is more important to evidence, because periods spent as a jobseeker also count as exercising treaty rights if you were unemployed during those 5 years. But this is not your case.
If you include a printout from online banking, it needs to be stamped by your bank. If you include original bank statements sent to you by post, no need for a stamp and can be sent directly.

eea1212
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Re: Newborn Child of EEA National is British?

Post by eea1212 » Thu Sep 27, 2018 2:14 pm

If the only benefit you received is child benefit, there's no need to provide evidence even if it asks for it on the checklist - just declare it on the application, which you have done.

Receipt of child benefit is not crucial to your application, as it is not key to establishing you were exercising treaty rights.
That is quite a relief to know. So, I suppose I should take the chance and submit the application without any bank statements as child benefit was the only one I ever received and it was years ago.

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Re: Newborn Child of EEA National is British?

Post by Graham Weifang » Thu Sep 27, 2018 6:43 pm

alterhase58 wrote:
Fri Sep 14, 2018 4:55 pm
Yes to (1) - refer tolink https://www.gov.uk/government/publicati ... plications
Yes probably to (2) if you exercised treaty right for five consecutive years.
(3) If you as parent want to apply for naturalisation you will need the DCPR, and have held PR for one year following the five years treaty rights exercise.
Hi,

Can I assume that one of you is British, born here lived here forever etc?

Can you please confirm, that after you or your non-eea partner gained DCPR, one must still wait a further year before applying for British citizenship?

I thought that after the 5 years of continuous living and working in UK, the non-eea partner would automatically have PR.
And then one would apply for DCPR ?
Then one could directly apply for British citizenship?

GW

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Re: Required docs to apply for permanent residence

Post by NikiGio » Fri Sep 28, 2018 11:47 am

GW - you should post this question in the 'British Citizenship' thread, as it's a different topic. This is the EEA-route Applications thread.
The OP is an EEA national - not sure nationality of her/his partner.
Generally - after 5 years of exercising treaty rights personally or being related to an EEA national who has exercised treaty rights, you can apply for DCPR.
After receiving DCPR, one has to wait 1 year before applying for citizenship = total 6 years.
However, if the person with DCPR is married to a Brit - no need to wait the extra 1 year, can apply for citizenship immediately after receiving DCPR.
In my case - I obtained DCPR backdated to January 2015, so as of January 2016 I could apply for citizenship as I'm not married to a Brit.
I am not an immigration lawyer. My comments are opinions, not legal advice.

eea1212
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Re: Required docs to apply for permanent residence

Post by eea1212 » Fri Sep 28, 2018 2:45 pm

As KikiGio has mentioned, in my case it is irrelevant what my partner's nationality is.

The general rule is:
> Apply for the DCPR after 5 years
> Apply for the citizenship after 6 years (provided that you already have DCPR)

In my case, because I am applying for the DCPR after 6 years of continuously exercising treaty rights, so I suppose I can apply for the nationality right after receiving DCPR without having to wait for another year.

eea1212
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Re: Required docs to apply for permanent residence

Post by eea1212 » Thu Oct 11, 2018 9:55 am

It has been almost 2 weeks since I had submitted my DCPR application using the passport return service. They gave me a tracking number and so I was able to track and see that it was delivered on the next day. However, I have not got any email confirmation from the home office since then. So, my questions here are:

> Do they always send email confirmation?

> How long is the processing time of such applications these days?
(Am I right to expect that it should be reasonably quick as I am the sole applicant, not a non eea family member but the eea citizen himself giving P60's of the last 6 straight years)

Thanks.

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Re: Required docs to apply for permanent residence

Post by NikiGio » Thu Oct 11, 2018 10:02 am

Some people don't ever get an e-mail and get their PR card directly, once the application's been processed.

You know your application's been received, so that's the key.

My case was similar to your and I got my card in three weeks. They could take up to six months though, in theory.
I am not an immigration lawyer. My comments are opinions, not legal advice.

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