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10 year rule for child

Posted: Sun Jun 26, 2016 7:58 am
by nemerkh
So we understand that a child born in the uk (2007) can have a citizenship at 10 yrs of age. We are on our 2nd eea1/2 m, due pr in 2 years time. (Noneu spiuse with eu national self suff). The funny part our 1st child will turn 10 before our pr date and with brexit we would like to secure ourselves as quick as possible.
So my question is, if our kids become naturalised, will our status here be enhanced at all? Will we benefit from that and get upgraded to pr or ilr? Thanks.

Re: 10 year rule for child

Posted: Sun Jun 26, 2016 8:49 am
by noajthan
nemerkh wrote:So we understand that a child born in the uk (2007) can have a citizenship at 10 yrs of age. We are on our 2nd eea1/2 m, due pr in 2 years time. (Noneu spiuse with eu national self suff). The funny part our 1st child will turn 10 before our pr date and with brexit we would like to secure ourselves as quick as possible.
So my question is, if our kids become naturalised, will our status here be enhanced at all? Will we benefit from that and get upgraded to pr or ilr? Thanks.
Children do not 'naturalise', they 'register' as citizens.

No, no upgrades.
And EEA parents who only have rights to remain in UK based on a British child (for example) only achieve derivative rights - which cannot lead to PR.

So you need to continue to exercise treaty rights in order to have a chance to acquire PR.

If you run out of time (due to the final date that UK leaves EU) you will have to rely on any transitional arrangements that may be put in place for you and the thousands of others who are still on the EU migration route at that time.
Noone knows any more on that at the moment.

Re: 10 year rule for child

Posted: Sun Jun 26, 2016 11:31 am
by Richard W
noajthan wrote:And EEA parents who only have rights to remain in UK based on a British child (for example) only achieve derivative rights - which cannot lead to PR.

So you need to continue to exercise treaty rights in order to have a chance to acquire PR.
There's a possible fallback to human rights in Immigration Rule EX.1, either because your child has been in the UK continuously for at least 7 years (I can't find any requirement that the presence be lawful) or, in your plans, because it will have been registered as British. It also has to be unreasonable to expect the child to leave the UK. Now, if the child is British, that would currently be unreasonable (I found this in official guidance), but that assessment as unreasonable ultimately depends on EU judgements.