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Dear Experts

I have applied for my child’s 1st British passport more than a month and struggling to get a passport to be approved as such. I have completed the passport form and included the cover letter stating that I have exercises my UE Treaty Rights before my child been born which automatically gained the PR status as family of EU.
Few days after I received a phone call to prove of my ID. So, I’ve sent my current British passport. A week after, they asked to prove of my Treaty Right (5 years) before my child was born . So, I’ve attached all my P60s for that period and included a cover letter again.
Few weeks later, I received another letter requesting mother’s documents that she was Exercising her Treaty Rights during that period
I’m so confused now, I believed that One of the Parents must be Settled or British citizen to apply for Child 1st British passport

P.S. mother hasn't been settled prior Child’s birth

Please advise if anyone been in similar situation

Child follows least privileged parent as I understand it.

Wanderer wrote:Child follows least privileged parent as I understand it.

Not necessarily. If the child is UK born, it is entitled to register.

@ maninuk - was your child born in the UK??

If your child is indeed UK-born then only one parent's evidence of having achieved settlement before the child's birth is required and they must have asked for the other parent's documents in error (probably the case of a confused HMPO caseworker). Just send them a letter quoting the relevant sections from the Nationality Act.

I'm a bit confused by your post though and it would help if you could provide more details; were you British before the child's birth? And if you are a BC, how can you exercise treaty rights in the UK?

Hi LilyLalilu

I've been working in UK since 2005, had a EU family Permit Feb 2007-2012
A baby was born in Mar 2012
I have applied for British citizenship in 2013 and got my passport accordingly

When did you apply for PR?

When in 2012 did your residence card expire?

What was your immigration status before the Residence Card?

Are you an EU Citizen or a non-EU spouse?

Dear CR001

1) When did you apply for PR? applied in summer 2012

2) When in 2012 did your residence card expire? as mentioned before Feb 2007 till Feb 2012

3) What was your immigration status before the Residence Card? I was studying

4) Are you an EU Citizen or a non-EU spouse? I was non- EU

3) What was your immigration status before the Residence Card? I was studying

Were you on a Tier 4 Student visa?

What is the status of your EU partner/family member?

LilyLalilu wrote:If your child is indeed UK-born then only one parent's evidence of having achieved settlement before the child's birth is required and they must have asked for the other parent's documents in error (probably the case of a confused HMPO caseworker). Just send them a letter quoting the relevant sections from the Nationality Act.

I'm a bit confused by your post though and it would help if you could provide more details; were you British before the child's birth? And if you are a BC, how can you exercise treaty rights in the UK?

I thought registration under 1(3) also entitled children born to parents who are not settled when the child is born but eventually get settled status?? Correct me if I'm wrong.

Chinho2k wrote:

LilyLalilu wrote:If your child is indeed UK-born then only one parent's evidence of having achieved settlement before the child's birth is required and they must have asked for the other parent's documents in error (probably the case of a confused HMPO caseworker). Just send them a letter quoting the relevant sections from the Nationality Act.

I'm a bit confused by your post though and it would help if you could provide more details; were you British before the child's birth? And if you are a BC, how can you exercise treaty rights in the UK?

I thought registration under 1(3) also entitled children born to parents who are not settled when the child is born but eventually get settled status?? Correct me if I'm wrong.

It is, but it sounds like the OP here was settled / naturalised as British before the child was born, in which case the child would automatically be British by birth and not require registration.

maninuk wrote:Hi LilyLalilu

I've been working in UK since 2005, had a EU family Permit Feb 2007-2012
A baby was born in Mar 2012
I have applied for British citizenship in 2013 and got my passport accordingly

Child was evidently born before OP became a BC.
So the key question is whether OP (or other parent) was settled or not at the time of birth.

Dear noajthan

I have applied later for PR as it wasn't so necessarily for me to apply straight after Residency permit expired

A child born in March after I've been automatically gain PR status in Feb 2012

But In know people bypassed PR status and straight applied for British citizenship. In this case they just provided 5 years Exercising their Treaty Right for their child's British passport to HM passport office.
correct me if I'm wrong?
I'm sure there are some people who has been in the similar situation . Or has HM passport rules changed recently?

maninuk wrote:Or has HM passport rules changed recently?

Yes.

The HMPO rules haven't changed and you do not need to have a DCPR or PR card to apply for your child's passport as long as you can demonstrate that you have exercised treaty rights for 5 continuous years prior to the child's birth.
The rules have only changed for citizenship applications where applicants now need to provide a DCPR/PR card to prove Permanent Residence status.

maninuk wrote:4) Are you an EU Citizen or a non-EU spouse? I was non- EU

For you to automatically qualify for PR as a family member, it's the EEA national who has to be exercising treaty rights continuously for at least 5 years. If your confirmation of PR was issued after your baby's birth, then they probably want to verify that you had attained PR prior to baby's birth.

If your confirmation of PR was issued prior to baby's UK birth, then it should have been sufficient.

Hi vinny

HMPO is being ridiculous and keep asking for non relevant documents.
the point is one of the parents should be settled or British prior child birth and that what i have provided and they are still asking for mum's 5 years working history.. But she wasn't here 5 yrs prior child's birth and I'm as a farther of the child applied for Child 1st passport.. and things are so complicated with HMPO in Peterborough office .. this is so frustrating
apparently lots of EU families having this difficulty with their Child's 1st passports due to incompetent caseworkers looking through these applications

Maninuk, pulling together the information from a post in another thread and from this thread, the relevant time line and statuses appear to be:

Maninuk was not an EEA national until he became British.
Mrs Maninuk is an EEA national.

June 2004: Mrs Maninuk settled and started working, under WRS.
Feb 2007: Mr Maninuk gets EU family permit (or is this RC?)
Oct 2007: Mr & Mrs Maninuk married.
June 2009: Mrs Maninuk achieves PR (no document confirming PR yet?)
March 2012: Baby Maninuk born.
Summer 2012: Maninuk applies for PR card (application in advance of qualification?)
2013: Maninuk becomes British

If these dates are correct, you have had two sponsors - an unnamed person and Mrs Maninuk - or received it as her unmarried partner. I don't trust the Feb 2007 date.

I will now expand points that have already been made in this thread.

Even assuming you achieved PR in Feb 2012, it was not because you were exercising treaty rights, but because your sponsor(s) were exercising treaty rights. Therefore, the HMPO caseworker is correct to ask for evidence of your sponsor exercising treaty rights for 5 consecutive years. The correct solution is to provide evidence of Mrs Maninuk exercising treaty rights for five consecutive years - they then don't have to be years relevant to Maninuk achieving permanent residence.

As a further, hypothetical example of the principle, suppose for the sake of example that Maninuk had a girlfriend called Fantasia who bore him a child in the UK in December 2012. For this hypothetical child to get a British passport because of Maninuk, the evidence to be supplied would have to include evidence of Mrs Maninuk exercising her treaty rights for 5 years when Maninuk was her family member (husband or partner). The evidence needed about Maninuk would be that he was present in the UK, and so thereby acquired PR.

(There probably are people who live such complicated lives!)

Dear All

We have applied for a child’s first passport and the case is still ongoing.
We have submitted so many supporting documents (p60s, payslips, employments letters) of both site for 5 years period that we were Exercising Treaty Rights between 2007 - 2012 yrs. And this week we received another unexpected letter from Passport office saying that “…....we need to see evidence that____ was exercising treaty rights in line with regulations...P60 received for ___ tax period 2008/2009 had an income of £3.000. For EEA national to be exercising treaty rights in line with regulations they cannot be overly dependent on public funds… when someone has low earnings, such as ___ in the tax 2008/2009, we require additional evidence to confirm that they are not overly dependent on public funds. please contact DWP..."
I cannot understand what is a low income to do with Child’s First passport?!
I was doing my own research and found that Minimum Earnings Threshold for EU national came into effect in Apr/May 2014 only but even though it should not effecting a child’s first passport as such. May be I’m wrong. Can anyone advise me on this case please? As my child’s passport case been going over 3-4 month now

Regards

maninuk wrote:Dear All

We have applied for a child’s first passport and the case is still ongoing.
We have submitted so many supporting documents (p60s, payslips, employments letters) of both site for 5 years period that we were Exercising Treaty Rights between 2007 - 2012 yrs. And this week we received another unexpected letter from Passport office saying that “…....we need to see evidence that____ was exercising treaty rights in line with regulations...P60 received for ___ tax period 2008/2009 had an income of £3.000. For EEA national to be exercising treaty rights in line with regulations they cannot be overly dependent on public funds… when someone has low earnings, such as ___ in the tax 2008/2009, we require additional evidence to confirm that they are not overly dependent on public funds. please contact DWP..."
I cannot understand what is a low income to do with Child’s First passport?!
I was doing my own research and found that Minimum Earnings Threshold for EU national came into effect in Apr/May 2014 only but even though it should not effecting a child’s first passport as such. May be I’m wrong. Can anyone advise me on this case please? As my child’s passport case been going over 3-4 month now

Regards

Do you have DCPR or PRC? (presumably not)

I assume child was born in UK (you don't actually say).
When was child born?

Are both parents EEA nationals?
- if so, who has the strongest case and best evidence of exercising treaty rights?

Regardless of whether HO (or HMPO) is applying its somewhat controversial MET test, you do have to demonstrate the work was genuine and effective to count as a qualified person and have the time count towards acquiring PR.
This is based on EU law and the Directive which does not actually define minimum hours or minimum salary requirements.

Were you claiming benefits whilst working?
Have you got (did you submit) a letter about benefits from DWP?
HMPO evidently want to see that.
That can be arranged via a main JobCentre.

See http://www.immigrationboards.com/britis ... r#p1408742

Posts merged for holistic view

hi noajthan,

the main applicant EEA national had PR that period, as I've mentioned both sides documents been submitted to HMPO. Both parties were full-time employed. EEA national been employed in the same place from 2006
A child born in UK in 2012
Both didn't claim any benefit for the period of 2004-2012
a caseworker mentioned that EEA national supposed to earn at least £8.000 annually for a child to be
eligible to British passport . Thats what confused me even more as I couldn't find such info on any Passport Guidance he was referring

Regards
maninuk

maninuk wrote:hi noajthan,

the main applicant EEA national had PR that period, as I've mentioned both sides documents been submitted to HMPO. Both parties were full-time employed. EEA national been employed in the same place from 2006
A child born in UK in 2012
Both didn't claim any benefit for the period of 2004-2012
a caseworker mentioned that EEA national supposed to earn at least £8.000 annually for a child to be
eligible to British passport . Thats what confused me even more as I couldn't find such info on any Passport Guidance he was referring

Regards
maninuk

So one of you should have acquired PR as early as 2011.
And so a 2012 born child can shoot directly for passport - as you have attempted to do.

Any WRS nonsense to worry about (for an A8 national sponsor)?
Was anyone studying in qualifying period (with/without CSI)?

An £8000 income requirement is nonsense as well.
Under EU law genuine and effective work is the only requirement.

Did you submit a letter from DWP (as asked in previous post)

And are you using this guidance?
https://www.gov.uk/government/uploads/s ... Policy.pdf
&
https://www.gov.uk/government/uploads/s ... Policy.pdf

noajthan,

we have received the letter few days ago only and been shocked about this low income query for the tax period of 2008/2009 for EU national

WRS been submitted to HMPO as well (with the same employer)
Both were full time employed for that period and up to date

maninuk wrote:noajthan,

we have received the letter few days ago only and been shocked about this low income query for the tax period of 2008/2009 for EU national

WRS been submitted to HMPO as well (with the same employer)
Both were full time employed for that period and up to date

Still suggest get a benefits-related letter from DWP.
As per HMPO guidance.

noajthan,

We are bit stuck now as DWP has told us that they don’t issue this type of letters

The questions is, are they any rules saying that Exercising Treaty Rights for EU nationals have to earn no less than £8.000 as I still can’t find this info anywhere . if its so when this come into force please

As I was the main breadwinner during that period and provided my P60s as well.

Regards
maninuk