Immigrationboards.com

Hi there,

I hope someone can help me with the following.

We EEA National and me non eea national applied for PR in July 2014 and received in Dec-2014.
Our eea kid who was born in Jan-2010 was also included in the application but he was only granted Registration Certificate as case worker called us prior to issuing this and explained as he was less than 5 years old on the day of decision in december-2014, so he didn't qualify for pr in dec-14.

Our son has turned 5 now in Jan 2015 so qualifies for PR now?

Do we need to apply on EEA3?
Do we again need to provide proofs of treaty rights?

I would greatly appreciate your help in this matter.

Regards

Child is EU national by birth and you have PR. So simply apply his British passport instead PR.

Thank you very much for your input.

Does this apply even if child was born well before my wife obtaining PR?

Regards

I think caseworker has given you incomplete or wrong advise. Child can register as British national if under 18 years of age and one of parent has PR.
See below guide:
https://www.gov.uk/register-british-cit ... after-1983

Universal soldier wrote:I think caseworker has given you incomplete or wrong advise. Child can register as British national if under 18 years of age and one of parent has PR.
See below guide:
https://www.gov.uk/register-british-cit ... after-1983

This is true but he applied for PR not registration so case worker was correct.

kkuk wrote:Hi there,

I hope someone can help me with the following.

We EEA National and me non eea national applied for PR in July 2014 and received in Dec-2014.
Our eea kid who was born in Jan-2010 was also included in the application but he was only granted Registration Certificate as case worker called us prior to issuing this and explained as he was less than 5 years old on the day of decision in december-2014, so he didn't qualify for pr in dec-14.

Our son has turned 5 now in Jan 2015 so qualifies for PR now?

Do we need to apply on EEA3?
Do we again need to provide proofs of treaty rights?

I would greatly appreciate your help in this matter.

Regards

Caseworker was correct. PR under EEA regulations requires 5 years of residence which a child younger than 5 can't achieve (as silly as it sounds). However, PR for a EEA national child doesn't provide any value so I wouldn't bother applying for EEA3. It is not required.

Thank you Jambo and universalsoldier for your advice.

If we don't apply for his pr at this stage, can we applt for his citizenship once we apply ours when we qualify?


And for his application would we only need PR?

Thanks.

See the FAQ (links below).

Basically, if he is UK born, he can register now based on your PR. If born abroad, can apply together with you. I would question the need for a British citizenship if you are EEA but that's a different topic.

Thank you Jambo for clarifying .

Regards.