Immigrationboards.com

Hi,
I am Italian and I am qualified to be settled in the UK since I am living, working and paying tax in the UK for more than 5 years. My daughter was born before I qualified to be settled in the UK. I would like, now to apply for her citizenship via MN1 application under section 1(3). However, I have the following question:
Do I have to first get my permanent residence or is it sufficient to prove that I qualify to be settled by attaching my P60s to the MN1 application?

Thanks in advance,
-AL

Your acquisition of Permanent Resident status would be automatic under the EEA Regulations, as long as the requirements are met. A PR Card (Document Certifying Permanent Residence, DCPR for short) is only evidence of Permanent Resident status, not the status itself.

Section 1(3) of the British Nationality Act 1981 gives a U.K. born child an entitlement to registration as long as a parent has become a British citizen or settled in the United Kingdom- "settled" includes Permanent Residence under the EEA Regulations. The 1981 Act does not mandate any particular form of evidence of settled status and therefore I believe it would be unlawful for the Home Office to insist on a DCPR and refuse to accept substitute evidence. Which doesn't mean they wouldn't try, but you might have to be

However- not only would it simplify the application, but you will need a DCPR if you are planning to become a British citizen yourself. The DCPR is needed for naturalisation- since naturalisation is discretionary, the Home Office have more scope to insist on particular forms of evidence.

What about the child's other parent? Is that person a British citizen or settled in the United Kingdom- if so, your child may already be British.

Hi,

many thanks for your prompt reply.

p.s. The other parent is in my same situation.

Are you both intending to apply for British citizenship? If so- you'll need the DCPR document regardless.