Baby born to an EEA and non EEA couple?

[Paalang koka]

Hiya,
Me (Sri Lankan) & my wife (polish) had our 1st child last October 2013. & my wife's maintain her treaty writes since 2010 as both employed & self employed, she had 1st moved to UK In 2006 with her X-husband and son and hasn't work until they've separated in 2010 although her 'X' has been working ever since they've moved in.
So my questions are :
1). Is my wife eligible to apply for PR yet?
2). Is my newborn eligible for British passport by birth?
3). If by any chance she's eligible for PR, can her apply PR for whole family?

I apologise for any language errors, & hope to hear from y'all soon.
Thank you.

[chaoclive]

Doubt it. She now has no relationship with the ex-husband so wouldn't be able to apply using him as her reference. Also, she hasn't been working for 5 full years yet so she won't be eligible for PR and, I guess, your child is not eligible for British citizenship from birth as his parent/parents were not settled (i.e. PR/ILR) at the time of his/her birth.

Don't worry, at least your child is Polish now. That's not a bad thing. He/she will probably be eligible for PR after 5 years.

When your wife gets PR it won't affect you unless you meet the requirements. I'm not sure if it automatically transfers to dependent/minor children. Hope someone else will come along and let you know!

Key: your child is an EU citizen...that's fine.

BTW: I am not an expert and may not be correct. Anyone else confirm/reject what I mentioned above?

[Paalang koka]

Thanx a million for taking time to reply me. Ok den, we will apply for polish passport for her. I thought at least my lil one can get it, oh well,
What the heck it's not the end of the world. Anyway thanx again for sharing your knowledge & time.

[Jambo]

Is her ex-husband EEA national? If Polish, did he register with WRS? If not EEA, did thry have privste health insurance?

She could use his employment together with her employment if this constitute a 5 continuous years of treaty rights. That would mean she obtain PR in 2011(?) And any child born in the UK after that is British from birth.

[Paalang koka]

Hi jambo,
Yes her 'X' has registered for WRS. But does she need his authorization to use this WRS thing? Could you explain what should we do if you don't mind please?

Thank you ever so much for your time & knowledge. Really appreciate it.
Thanks.

[Jambo]

She will need his cooperation in order to submit documents for the time he was working (his passport, P60s, WRS etc).

[Paalang koka]

Bummer.. It's not gonna happen then. Anyway thanx much for your help mate. Really appreciate your words. Take care now.
Thanks.