EEA child born outside UK online form
Posted: Sat Feb 09, 2019 12:34 pm
I've read a lot of the forum, but I would be grateful for any insights on my particular nuances that I believe are not covered.
Timelines:
Father got ILR (non-EEA, but EU citizen) in early 2004
Mother got DCPR late 2016 (no date on certificate when PR acquired, although this was in 2013, but this doesn't seem to be an issue)
EEA Child is 13 years old and has spent 12 years in the UK with parents, no DCPR.
Second Child is British as born in the UK later to a parent with ILR.
Father and mother are applying for naturalisation.
I'd like to include my child for registration as British citizen. I believe it will fall under section 3(1) discretionary. Child doesn't have DCPR as it required documents to be sent away for a long time.
I intend to attach letters from schools to confirm attendance for 9 years (2 most recent, 7 just before that). Also, child will add a small statement why they want to live here with sibling, who is British already (application form doesn't ask for that).
Now, my questions for anyone that may shine a light or opinion:
1. From Nationality guidance DCPR appears to be required, although they mention discretion so many times. Here I read that PR is required, sometimes DCPR is mentioned. How bad is it if there is no DCPR if both parents are applying for naturalisation, sibling is British already and the long time all have been living in the UK?
2. Online form asks "Have you had settlement in the UK?" for the child. I was inclined to say No, but PR is automatic under EEA rules. So, then I think it should be "yes" and answer the next question:
"What type of settlement do you have?" Answer: "Permanent Residence as EU citizen together with mother <name>"; "Date you gained settled status in the UK" "Nov 2016" - date of mother's DCPR, although settlement was really earlier, it was definitely true then. What would be good answers here?
3. There is no questions on travel outside the UK, although this is asked for the parents and the staff instructions mention 2 years residence for children older than 13 AND this is the same whether I answer Yes or No on the settled question above. I am guessing we leave the officer to guess that child lived with both parents and will continue to do so. I hope that the letters from the schools will be sufficient in any case. Thoughts?
4. Documents: The online application produces a long list of required documents. My concerns is the lack of some child's required documents. In particular, there is no mention of child's "proof of freedom from immigration restrictions", but there is one for each of the parents AND also this "If <child> told us that their parent is settled in the UK then you must provide us evidence of their settled status. " . And again there is no mention of "Proof of living in the UK" for the child, although there is one for each of the parents. In a couple of places in the forum I read keeping documents to those required "keeping stiff upper lip", but then I don't want to be refused for the lack of these, especially in a discretionary case like this.
5. Anything to add?
I am guessing the online form is imperfect and HO might ask for more information later or just refuse as discretionary, so I'd like to preempt that. DCPR process for children is difficult (as opposed to lone adults) and takes a lot of time with Brexit coming, new EU settlement looks to work great for straightforward cases, but needs biometric passport and HO documents (not my case). I am aware I will be "snookered" if we (parents) get BC, but child gets refused. One option I am considering is the new EU settlement for child just before registration application, but don't wait for it.
Finally, thanks in advance to anyone expressing an opinion or similar experience here.
Timelines:
Father got ILR (non-EEA, but EU citizen) in early 2004
Mother got DCPR late 2016 (no date on certificate when PR acquired, although this was in 2013, but this doesn't seem to be an issue)
EEA Child is 13 years old and has spent 12 years in the UK with parents, no DCPR.
Second Child is British as born in the UK later to a parent with ILR.
Father and mother are applying for naturalisation.
I'd like to include my child for registration as British citizen. I believe it will fall under section 3(1) discretionary. Child doesn't have DCPR as it required documents to be sent away for a long time.
I intend to attach letters from schools to confirm attendance for 9 years (2 most recent, 7 just before that). Also, child will add a small statement why they want to live here with sibling, who is British already (application form doesn't ask for that).
Now, my questions for anyone that may shine a light or opinion:
1. From Nationality guidance DCPR appears to be required, although they mention discretion so many times. Here I read that PR is required, sometimes DCPR is mentioned. How bad is it if there is no DCPR if both parents are applying for naturalisation, sibling is British already and the long time all have been living in the UK?
2. Online form asks "Have you had settlement in the UK?" for the child. I was inclined to say No, but PR is automatic under EEA rules. So, then I think it should be "yes" and answer the next question:
"What type of settlement do you have?" Answer: "Permanent Residence as EU citizen together with mother <name>"; "Date you gained settled status in the UK" "Nov 2016" - date of mother's DCPR, although settlement was really earlier, it was definitely true then. What would be good answers here?
3. There is no questions on travel outside the UK, although this is asked for the parents and the staff instructions mention 2 years residence for children older than 13 AND this is the same whether I answer Yes or No on the settled question above. I am guessing we leave the officer to guess that child lived with both parents and will continue to do so. I hope that the letters from the schools will be sufficient in any case. Thoughts?
4. Documents: The online application produces a long list of required documents. My concerns is the lack of some child's required documents. In particular, there is no mention of child's "proof of freedom from immigration restrictions", but there is one for each of the parents AND also this "If <child> told us that their parent is settled in the UK then you must provide us evidence of their settled status. " . And again there is no mention of "Proof of living in the UK" for the child, although there is one for each of the parents. In a couple of places in the forum I read keeping documents to those required "keeping stiff upper lip", but then I don't want to be refused for the lack of these, especially in a discretionary case like this.
5. Anything to add?
I am guessing the online form is imperfect and HO might ask for more information later or just refuse as discretionary, so I'd like to preempt that. DCPR process for children is difficult (as opposed to lone adults) and takes a lot of time with Brexit coming, new EU settlement looks to work great for straightforward cases, but needs biometric passport and HO documents (not my case). I am aware I will be "snookered" if we (parents) get BC, but child gets refused. One option I am considering is the new EU settlement for child just before registration application, but don't wait for it.
Finally, thanks in advance to anyone expressing an opinion or similar experience here.