Child of EEA PR and process to acquire british passport

[roaaad]

I am a Norwegian father of a boy just born in the UK. At the time of the birth I had lived continuously in the UK for 5.5 years and exercising my EEA treaty rights. I have not yet applied using the EEA3 form to have PR status in writing, though appreciate this is no longer strictly needed. Our son will have a Norwegian passport, just applied for.

Norwegian authorities allow dual citizenship ONLY in the case where a child acquires citizenship without expressly applying for it. Hence, from what I understand, applying for the passport is OK, but not acquiring citizenship by application or registration. I believe this is called the "territorial principle" under Norwegian law.

Can we apply directly for a British passport without making any further application for citizenship as this will be automatic? In that case we seem to be OK under the law with regard to dual citizenship.

Most people would probably say "why bother" and to me, well, I wouldn't mind having a choice of passports if it is a "free option".

[yankeegirl]

If I remember correctly, since you had been in the UK continuously for 5 years at the time of birth and were considered a permanent resident (you acquired this status automatically, the EEA3 application is merely confirmation of said status) your child would automatically be a British citizen from birth. I would think you could just go ahead and make a passport application, no need to apply for citizenship.

Of course someone will correct me if I'm wrong

Btw, congrats on the new baby!

[JAJ]

This is correct. If EEA parent has been living in the U.K. for 5 years (exercising Treaty Rights) before the child is born, then child is automatically British at birth.

Rules were different before 30 April 2006.

Bear in mind that the Passport Office may not know about these rules (or understand them), so you may need to involve the Home Office for confirmation.

Be careful sending away original documents as things do get lost and it would be your problem, not theirs.