I am an EU citizen. Working and paying taxes in the UK.
My wife and stepson (6 years old) are non - EU.
She has an EEA Family Permit - but due to miscommunication with UK Ambassy, her son did not have it.
This situation is now OK as we have made an application with the Home Office back in March 09 for both of them to have a residency card thru the EEA 2 Application Form. They are now both in the UK with me.
We are hoping to have this soon!
Anyway, we have never claimed for any benefit since then. We had a baby in August (in the UK) this month so I am now in the process of claiming child benefits for her.
My question is that I want to add my stepson on the application, as I have the right, but want to know if this is going to be a problem since his EEA2 is in process right now??
Indeed on the Child Ben. form, they are asking for ORIGINAL birth certificate (I have for my daughter) for the kids. My stepson birth certif is with the Home Office for his EEA2. I am trying to call the child benefit phone number for having the info but not answering...
To recapt,

- Can I request child benefits for my stepson (not adopted) while he and my wife are having their EEA2 application in process?
- Would they accept a copy of the birth Certificate if I explain them the situation (I have a formal letter from Home Office explaining that his case is in process)?
Thank you very much for your help.
Valerian