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Hi there,

I have a Slovakian passport and have been living in the UK since 2007. My children were born in the UK in 2015 and 2017.
My youngest received a British passport yet my eldest will need to go through the citizenship process as I didn't receive my PR before he was born. Is there a way for me to get my eldest a British passport instead of going through the citizenship process, I think the Home office might be wrong about my PR status and should have received it in 2013. The thing is that I studied and worked in the UK since 2007 without leaving the country for long periods. The reason I did not receive my PR statues before was that after I left my PAYE job in 2008 I had a period that I did not register myself as self employed as I was doing a free internship and was supported by my family for a few month. I only received my PR in 2015 after my eldest was born yet I should have automatically been allegeable after 5 years.

Please delete, I moved the question to the general forum

ehof wrote: ↑

Thu Jul 12, 2018 10:54 am

Please delete, I moved the question to the general forum

This is the correct sub forum, British Citizenship, to post this query and NOT the General Immigration sub forum and that topic will be removed.

ehof wrote: ↑

Thu Jul 12, 2018 9:40 am

Is there a way for me to get my eldest a British passport instead of going through the citizenship process,

From the circumstances you have described (and a few very safe assumptions I'm making) your oldest does not qualify for a British passport except by acquiring citizenship. Among my assumptions are that your partner also was not British and/or a permanent resident at the time of the eldest's birth.

ehof wrote: ↑

Thu Jul 12, 2018 9:40 am

I think the Home office might be wrong about my PR status and should have received it in 2013. The thing is that I studied and worked in the UK since 2007 without leaving the country for long periods. The reason I did not receive my PR statues before was that after I left my PAYE job in 2008 I had a period that I did not register myself as self employed as I was doing a free internship and was supported by my family for a few month. I only received my PR in 2015 after my eldest was born yet I should have automatically been allegeable after 5 years.

I'm not sure how to fight that to be honest. I don't know that there is an 'appeal' process when you successfully acquired PR, just not at the date you wanted it for. Somebody more knowledgeable will have to answer that. But if you can somehow demonstrate an earlier PR date (pre-eldest-birthday), then it will retroactively apply to your oldest's situation and they will qualify by birth for citizenship.

SAR may confirm when you acquired the permanent right of residence.

ehof wrote: ↑

Thu Jul 12, 2018 9:40 am

Hi there,

I have a Slovakian passport and have been living in the UK since 2007. My children were born in the UK in 2015 and 2017.
My youngest received a British passport yet my eldest will need to go through the citizenship process as I didn't receive my PR before he was born. Is there a way for me to get my eldest a British passport instead of going through the citizenship process, I think the Home office might be wrong about my PR status and should have received it in 2013. The thing is that I studied and worked in the UK since 2007 without leaving the country for long periods. The reason I did not receive my PR statues before was that after I left my PAYE job in 2008 I had a period that I did not register myself as self employed as I was doing a free internship and was supported by my family for a few month. I only received my PR in 2015 after my eldest was born yet I should have automatically been allegeable after 5 years.

Could you give a detailed timeline of your pre 2015 work history?

muraenidae wrote: ↑

Thu Jul 12, 2018 1:53 pm

ehof wrote: ↑

Thu Jul 12, 2018 9:40 am

Hi there,

I have a Slovakian passport and have been living in the UK since 2007. My children were born in the UK in 2015 and 2017.
My youngest received a British passport yet my eldest will need to go through the citizenship process as I didn't receive my PR before he was born. Is there a way for me to get my eldest a British passport instead of going through the citizenship process, I think the Home office might be wrong about my PR status and should have received it in 2013. The thing is that I studied and worked in the UK since 2007 without leaving the country for long periods. The reason I did not receive my PR statues before was that after I left my PAYE job in 2008 I had a period that I did not register myself as self employed as I was doing a free internship and was supported by my family for a few month. I only received my PR in 2015 after my eldest was born yet I should have automatically been allegeable after 5 years.

Could you give a detailed timeline of your pre 2015 work history?

Thank you so much for your help.

I just checked and I seem to have 5 years of full NI contributions prior to my eldest's Birthday in 2015 (starting at 2009 till now). Would that suffice as evidence? I registered as self employed in October 2011 which will make up 4 years of self assessments. Prior to that in 2010 I had some gaps in my PAYE employment since I left my job to pursue another career, I'm not sure if I have P60's but requested a SAR, will that be an issue even though I have the full NI contribution record.

Just another thing to mention is that I was asked to supply the evidence of exercising my treaty rights for 5 years prior to my eldest birthday in 2015 by the HM passport depatment. In other words at this point I'm not looking to appeal the start date of my PR which I received in 2016 yet I belive I was eligible to receive in 2015. I just need to supply HM passport office with documents/evidence to show eligibility. I hope that makes sense.

There was an issue with my NI where it was "under investigation" due to self employment registration status change which they never contacted me about. I just solved that issue and paid the silly outstanding fee of £30 to fix it, and now I will have the full consecutive NI contribution history since 2009. My guess is the my PR status was pushed due to the "under investigation" status which created a gap in my 5 years of NI.Please correct me if I'm totally wrong about this.

In other words will sending my full NI contribution history mean that my son would receive a british passport as it would potentially show that I exercised my treaty rights for 5 years prior his birthday?