British nationality for child born in UK from EEA parents

[andrewgr79]

Hi,

I an an EEA member (Greece) and my wife is Japanese. We both entered in the UK in 2008 and since then i am exorcizing my treaty rights (between 2008 - 2011 i was self employed).
Our son born in 2011 and i want to ask if we can apply for a British citizenship (for my son)


Thank you
Andrew

[CR001]

Did you have comprehensive sickness insurance or a foreign issued EHIC card while you were self employed?

What have you been doing since ?

Do you hold a document certifying permanent residence?

[Richard W]

Have you checked how being registered as British would affect his Japanese nationality?

[andrewgr79]

Hello,

Thank you for the reply.
British government allow to have 2 nationalities until 18 years old. After this my son needs to decide which nationality he wants to keep.

From 2008 to 2011 i was self-employed / contractor in a UK based company and i paid all the contributions, taxes, etc.
After 2011 until today i am working in permanent roles and i have all the P45 and P60. However i never applied for a permanent residence.


Kr
Andrew

[vinny]

Did you have comprehensive sickness insurance or a foreign issued EHIC card while you were self employed?

(c)“self-sufficient person” means a person who has—

(i) sufficient resources not to become a burden on the social assistance system of the United Kingdom during his period of residence; and

(ii) comprehensive sickness insurance cover in the United Kingdom;

When, in 2011, did you start working?

[ohara]

British government allow to have 2 nationalities until 18 years old. After this my son needs to decide which nationality he wants to keep

UK allows multiple citizenship with almost no restrictions. Japanese nationality law doesn't allow multiple citizenship over the age of 22, you have to either renounce your foreign ones or lose your Japanese citizenship.

[andrewgr79]

When, in 2011, did you start working?[/quote]


Was April 2011 when i started with the permanent roles, around May or June this year i will get the P60 (is the 5th one) for the year 2015 -2016

[Richard W]

UK allows multiple citizenship with almost no restrictions. Japanese nationality law doesn't allow multiple citizenship over the age of 22, you have to either renounce your foreign ones or lose your Japanese citizenship.

One can be commanded to make that choice within a month or lose Japanese citizenship, but apparently such ultimatums are not being issued nowadays. However, naturalisation as a foreigner can cause one to lose Japanese citizenship, and the OP should check whether being registered as British would count as a voluntary act costing his son Japanese citizenship.

[andrewgr79]

Hi
I found this in the document MN1:

Children of EEA nationals
Some children born in the United Kingdom to EEA and Swiss nationals will be British citizens automatically. However, changes in the law mean that different rules apply depending on when a child was born.

 A child born in the United Kingdom before 2/10/2000 to an EEA national parent will be a British citizen if the parent was exercising EC Treaty rights at the time of birth.

 A child born in the United Kingdom between 2/10/2000 and 30 April 2006 to an EEA national parent will only be a British citizen if the parent had indefinite leave to remain in the UK at the time of the birth. (This does not apply to EEA nationals with an unconditional right of residence, such as retired people or someone who is unable to work because of incapacity).

 A child born in the United Kingdom to an EEA national after 30 April 2006 will be a British citizen if their parent had been in the United Kingdom exercising EC Treaty rights in accordance with the Immigration (European Economic Area) Regulations 2006 for more than 5 years or has indefinite leave to remain
The child of an EEA national who did not become a British citizen at birth may now have an entitlement to be registered as a British citizen under section 1(3),



My son born on July 2011 and this summer i will complete 5 years of permanent jobs (i am not counting the self-employed because Home Office asking documents that i don't have any more)

Can i apply after summer for the British citizenship ?


Thank you
Andrew

[ohara]

Once you have PR, child will be entitled to register as a British citizen under section 1(3). MN1 is the correct form and the fee is £925.

[andrewgr79]

Hi Ohara,

Do i need to apply for the PR or i just need to provide 5 P60 or P45 which can prove that i am excertising my treaty right for continuosly 5 years.

Thank you
Andrew

[noajthan]

There is now a requirement fior EEA nationals (and family members) who are naturalising (as adults) to submit a PR card as one piece of mandatory evidence.

This is not the case for EEA minors with EEA parents who have PR.

[ohara]

No need for UK born child to have PR, they are entitled to register once at least one parent has PR.