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Hi everyone,
Can someone help me out to clarify the issue about child born in the Uk to parent of EEA parent and non EEA parent. My child was born before my wife got BC and i got my BC this year as well but i don't know if my child will qualify for BC automatically as both of us are already BC now. According to what i read from the website on gov.uk stated that, 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.

I am little confused if my child is BC automatically or i need to register her as british citizen because she was born in the Uk in 2010 after 30 of april 2006 according to the law. hope someone can find answer to my question.

Thanks

she was born in the Uk in 2010

At the time when she was born ,were you in the country for 5 years? if so I belive you can .

DMY wrote:Hi everyone,
Can someone help me out to clarify the issue about child born in the Uk to parent of EEA parent and non EEA parent. My child was born before my wife got BC and i got my BC this year as well but i don't know if my child will qualify for BC automatically as both of us are already BC now. According to what i read from the website on gov.uk stated that, 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.

I am little confused if my child is BC automatically or i need to register her as british citizen because she was born in the Uk in 2010 after 30 of april 2006 according to the law. hope someone can find answer to my question.

Thanks

I note, child born in UK in 2010.

In which year did you as EEA national achieve settled status (PR)?
In which year did spouse (non-EEA) achieve settled status - & was it ILR or was it PR (as your family member)?
You were naturalised this year (2015), when was your wife naturalised as BC?

These dates will tell you which of the following cases applies:

1) As the child was born in UK, if at least one parent was already a BC OR was already 'settled' in UK (with PR or ILR) the child is automatically British 'other than by descent'.
This means no need to 'register' the child as a citizen, simply apply for a British passport directly.

OR
2) If the parent became 'settled' after the child's birth in UK the child can now be registered as a British citizen. After that step a British passport can be applied for.

noajthan wrote:

DMY wrote:Hi everyone,
Can someone help me out to clarify the issue about child born in the Uk to parent of EEA parent and non EEA parent. My child was born before my wife got BC and i got my BC this year as well but i don't know if my child will qualify for BC automatically as both of us are already BC now. According to what i read from the website on gov.uk stated that, 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.

I am little confused if my child is BC automatically or i need to register her as british citizen because she was born in the Uk in 2010 after 30 of april 2006 according to the law. hope someone can find answer to my question.

Thanks

I note, child born in UK in 2010.

In which year did you as EEA national achieve settled status (PR)?
In which year did spouse (non-EEA) achieve settled status - & was it ILR or was it PR (as your family member)?
You were naturalised this year (2015), when was your wife naturalised as BC?

These dates will tell you which of the following cases applies:

1) As the child was born in UK, if at least one parent was already a BC OR was already 'settled' in UK (with PR or ILR) the child is automatically British 'other than by descent'.
This means no need to 'register' the child as a citizen, simply apply for a British passport directly.

OR
2) If the parent became 'settled' after the child's birth in UK the child can now be registered as a British citizen. After that step a British passport can be applied for.

Thanks for your quick respond.

In which year did you as EEA national achieve settled status (PR)? I achieved PR 2012 and got BC 2013
In which year did spouse (non-EEA) achieve settled status - & was it ILR or was it PR (as your family member)? My spouse achieved his PR automatically in february this year and applied for naturalisation straight away and granted in July this year.

Thank you

DMY wrote:Thanks for your quick respond.

In which year did you as EEA national achieve settled status (PR)? I achieved PR 2012 and got BC 2013

In which year did spouse (non-EEA) achieve settled status - & was it ILR or was it PR (as your family member)?
My spouse achieved his PR automatically in february this year and applied for naturalisation straight away and granted in July this year.

Thank you

So your child was born in UK before either parent achieved 'settled' status in UK.
Now you have settled (& more recently become naturalised) your child is now entitled to register as a British citizen under section 1(3) of BNA.
Once registered successfully you can finally apply for their British passport.

Use form MN1 to register your child:
https://www.gov.uk/government/publicati ... n-form-mn1