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Born in UK to EEA father and EEA spouse visa mother

Posted: Sun Jul 18, 2010 3:33 pm
by capitales7
Hello.

I have somewhat of a complicated situation. I've scoured the official sites' pages but no one seems to have an answer for my exact situation.

I was wondering if anyone who is an EEA citizen, having exercised more than 5 years trety rights, and with a non-EEA spouse on a spouse visa, has had a child born in the UK?

As far as I know, my child is British and eligeble for a British passport, but the application form and all the supporting information seems VERY inclined towards British citizens. And every time I call their support line, I get different answers.

If anyone has had a similar situation (my child was born this year, so after the law change in 2006), how did you go about getting the passport for the child?
I have accummulated 5 years worth of bank statements, P60s, employer letters, university letters, etc, etc. Is it really necessary to send all this stuff? It's currently a good 5 inch tall paper stack, and I can't see who can be bothered to go through it page by page.

Thanks.

Posted: Sun Jul 18, 2010 4:34 pm
by John
I was wondering if anyone who is an EEA citizen, having exercised more than 5 years trety rights
The EEA spouse, when did they start exercising treaty Rights in the UK? And how are they exercising those Treaty Rights? Employed? Self-employed? A student? Self-sufficient?

And in particular, did they reach their 5-year mark before or after the birth of the born-in-the-UK child?

Posted: Sun Jul 18, 2010 5:08 pm
by capitales7
John wrote:
I was wondering if anyone who is an EEA citizen, having exercised more than 5 years trety rights
The EEA spouse, when did they start exercising treaty Rights in the UK? And how are they exercising those Treaty Rights? Employed? Self-employed? A student? Self-sufficient?

And in particular, did they reach their 5-year mark before or after the birth of the born-in-the-UK child?
My wife's been studying since she arrived in october 2007, so not 5 years yet.
However, I am an EEA citizen and have exercised treaty rights for 9 years.

Posted: Sun Jul 18, 2010 7:38 pm
by John
How have you been exercising Treaty Rights in the UK? And even more important, can you prove it?

Posted: Mon Jul 19, 2010 4:04 am
by JAJ
Use form NS to apply for a British nationality status certificate for the child.
http://www.ukba.homeoffice.gov.uk/briti ... tizenship/

Then you can apply for the passport.

Be careful about sending off original documents. They can (and often do) lose everything so if you have to send originals use a secure method and always keep copies.

Posted: Mon Jul 19, 2010 9:38 am
by capitales7
I have been working and studying for the past years.
I have proof of this. I also have proof that I haven't claimed public funds (bank statements).

That should be sufficient to send off with the passport form right?

Posted: Tue Jul 20, 2010 2:49 am
by JAJ
capitales7 wrote:I have been working and studying for the past years.
I have proof of this. I also have proof that I haven't claimed public funds (bank statements).

That should be sufficient to send off with the passport form right?

Did you read the previous post?

Posted: Tue Jul 20, 2010 9:29 am
by capitales7
JAJ wrote:
capitales7 wrote:I have been working and studying for the past years.
I have proof of this. I also have proof that I haven't claimed public funds (bank statements).

That should be sufficient to send off with the passport form right?
Did you read the previous post?
I did, but no one at the IPS has told me that that's required. I need the passport pretty fast and don't wish to delay by aplying for something else first.

Besides, my son is by law a British Citizen, but apparently, in this country, that doesn't really matter when you need a passport.

Posted: Wed Jul 21, 2010 5:04 am
by JAJ
capitales7 wrote: I did, but no one at the IPS has told me that that's required. I need the passport pretty fast and don't wish to delay by aplying for something else first.

Besides, my son is by law a British Citizen, but apparently, in this country, that doesn't really matter when you need a passport.
Still need to prove it. You can apply to the IPS directly but be careful about irreplaceable documents getting lost and you should still get the nationality certificate afterwards.

Why? Because it may be necessary for your child to reapply for a passport later on and proving a parent's residence from 20-30 years previously may be impossible.

Posted: Wed Jul 21, 2010 9:46 am
by capitales7
I see... I'm getting a bit tired of the whole thing. Not many countries in the world base passport applications on ancenstry. To be honest, only very nationalist countries do. I'm originally Iranian, and it's the same there, as it is in Israel, and obviously the UK.

It's strange how the law says that if you are born here, you are a british citizen, but to get a passport, you need to have british parents as well. It's silly if you ask me...

Posted: Wed Jul 21, 2010 12:46 pm
by JAJ
capitales7 wrote: It's strange how the law says that if you are born here, you are a british citizen, but to get a passport, you need to have british parents as well. It's silly if you ask me...
The law doesn't say that! If you are born in the UK (since 1983) you're only British at birth if at least one parent is a British citizen OR permanent resident.

You need to show you're a permanent resident (5 years exercising EEA treaty rights will do) in order for your child to be accepted as British.