nm1 necessary for child of EU parents (Germany)

[Denisekappus]

Good afternoon,
Our daughter was born in August 2013 in the UK. My husband has been here since January 2008. We're both German citizens. Do we have to fill in the nm1 application document or how else (preferably involving less paperwork)
would this be done. My husband has never officially received an ILR or any other documentation. however, from what I understand this is not necessary as EEA members.
Many thanks in advance
Regards
Denise

[LilyLalilu]

Hi Denise,

If one of you had PR (Permanent Residence = ILR for EEA citizens) at the time of your child's birth, the child is automatically British and you can apply straight for a passport (i.e. no need for MN1).
EEA citizens automatically attain PR status after 5 years of continuously exercising 'treaty rights' in the UK, which usually means doing/being one of the following:
- working/being self-semployed
- being self-sufficient (+ having private medical insurance and sufficient funds)
- being a student (+ having private medical insurance)
- looking for work (usually for no longer than 6 months, however, special provisions apply in certain cases...)

What did your husband do since he came here in 2008? If he did one of the above your child should be British by birth and you can send off their passport application along with evidence that one of the parents had PR at the time of their birth.

[Denisekappus]

Thank you for your reply. When he arrived in January 2008 he started with his PHD at Cambridge University and went into employment straight after. Where would I find a passport application form for infants? Post office? Or does the application for this have to be in person at the city council? Many thanks again
Kind regards
Denise

[vinny]

Did he have CSIC while he was a student? When did he start working?

[Denisekappus]

Hi,
No we don't think he had it unless this is provided by university? I'm guessing since we've never been made aware of this, it's a loophole to insure not too many people can apply for residency? Back then he was adviced to register with the nhs through Cambridge University. Am I right in assuming our daughter won't be able to get a passport now? thank you
regards
Denise

[Denisekappus]

I forgot to add my husband started working in October 2011

[LilyLalilu]

Yes, unfortunately, the requirement for CSI is not known by many people so sadly a lot of people get caught out by this...

There is one other thing which may work: Did he have a German EHIC when he was doing his PhD (the European Health insurance card, usually at the back of the German Krankenversicherungskarte)?
If so, he can send in a cover letter saying that during his PhD he was only intending to stay temporarily in the UK and that his plans changed once he started working. In those cases, the EHIC card can replace the CSI)

If this does not work, he would acquire PR after 5 years of working in the UK (i.e. Oct 2016), and you could then register your daughter as a British Citizen using form MN1.

But if he had a European Health insurance card issued by the German authorities, I'd try and send off your daughter's passport application along with the cover letter (and all the other paperwork) and just see if it works (it should normally be fine, worst case you'd lose the application fee...)

Good luck!

[Denisekappus]

hi,
thanks for your reply. just one last question, didn't the requirement for CSI only start in June 2011? If so couldn't beargued that the time before that counts towards the five years? Many thanks again
Denise

[LilyLalilu]

I think the requirement has been in the regulations since 2006, however, as you rightly said, they only started enforcing it from 2011. I think the only people exempt are those who were issued with a blue registration certificate as a student before 2011...

Here is some more info on CSI/EHIC for your info: https://www.whatdotheyknow.com/request/ ... issued.pdf

[Denisekappus]

Hi there,
I just wondered whether I already have PR? I arrived in October 2008 and started working straight away I then did a teacher training course pgce May 2009-June 2010 to then work again at the same school I worked when I first arrived(they kept my post for me) I have worked there since obviously apart from when I was on maternity leave. Can I fill in the MN1 now?
Thanks again
Regards
Denise

Yes, unfortunately, the requirement for CSI is not known by many people so sadly a lot of people get caught out by this...

There is one other thing which may work: Did he have a German EHIC when he was doing his PhD (the European Health insurance card, usually at the back of the German Krankenversicherungskarte)?
If so, he can send in a cover letter saying that during his PhD he was only intending to stay temporarily in the UK and that his plans changed once he started working. In those cases, the EHIC card can replace the CSI)

If this does not work, he would acquire PR after 5 years of working in the UK (i.e. Oct 2016), and you could then register your daughter as a British Citizen using form MN1.

But if he had a European Health insurance card issued by the German authorities, I'd try and send off your daughter's passport application along with the cover letter (and all the other paperwork) and just see if it works (it should normally be fine, worst case you'd lose the application fee...)

Good luck!

[Denisekappus]

hi,
can I just clarify, does you quoting the old post mean the same applies insurancewise even though I worked before and clearly intended to stay hence further development to get a better paid position at the school I was working before
thanks
regards
Denise