Immigrationboards.com

Hi

A quick question to all of you.

Child born in UK to an EEA and non-EEA parent before 5 year-qualifying period for permanet Residency. We are planning to apply for Permanent Residency now but baby does not have any passport, only UK birth certificate. Is it a good idea to include her in our application for Permanent Residence or should both parents apply first. The actual question is, will her lack of passport hinder our application for Permanet Residency?

Many thanks

Wella

Permanent Residency status under EU law can not be inherited. The child needs to acquire it in her own right. Is the child five years old? If not, by definition, she can not have PR.

secret.simon wrote:Permanent Residency status under EU law can not be inherited. The child needs to acquire it in her own right. Is the child five years old? If not, by definition, she can not have PR.

Just a point of correction. It can be inherited under Regulation 15 (1)(d), in certain circumstances.

I accept in this circumstances, it can't be inherited.

Obie wrote:Just a point of correction. It can be inherited under Regulation 15 (1)(d), in certain circumstances.

You are, as always, at your useful and knowledgable best when you can point to specific sections of law. Thank you for correcting me and bringing that to my attention.

wella003 wrote:The actual question is, will her lack of passport hinder our application for Permanet Residency?

No affect.

Moreover, a UK-born child is entitled to register child immediately after a parent gets PR or confirmation of PR, thereby making child's lack of PR moot.