non-eea child born outside uk to eea national with pr

[pharmchick32]

hi guys,

I have a child born abroad outside EU, and I myself I am an eea national with pr status in the UK (been here for 14 years). I was outside the uk only temporarily to give birth thus my pr status is not affected and have been in the UK all this while. Father is non eea national about to acquire pr status in 3 months' time. Questions are:

- Given that I am considered a settled person, will my child have the automatic right to british citizenship? I know that if my child was born in the UK, she would have an automatic right to BC (without having to register as BC), so I am wondering if the same rules apply in this case?
- When the father applies for naturalisation, can he include the child too?

Many thanks in advance

[Jambo]

Read the FAQ (link below. Scroll down for children section).

[pharmchick32]

Hi Jambo, thanks for the quick response. I did look at the FAQ stating: "If the child was born outside the UK, then once one parent applies for naturalisation, the child can apply for Registration under section 3(1). The is application at discretion and the HO would expect that the other parent to hold (or to be close to holding) a ILR/PR status.
For the guidelines on Registration at discretion see section 9.17."
But in regards to my first question, I am actually not applying for naturalisation. The paragraph above would apply to my second question , where hubby is about to apply for naturalisation. In my case, I am already settled and have been before my child was born. So strictly speaking, this should not fall under discretionary registration as this is for people who's parents are either not british or not settled. Am I understanding this correctly? Sorry, if I am not understanding something that might be obvious... there doesn't seem to be a provision for children in this category.

[Jambo]

there doesn't seem to be a provision for children in this category.

Exactly. Children born abroad to settled parent(s) have no claim for BC until a parent applies for naturalisation.