newborn baby status

[stefania73]

Hi,

I am a EEA national and have been living in the UK since 1997. My husband is American currently working on his RC here in the UK. My son was born two weeks ago here in the UK and now I am a bit confused in regards to his status and wondering whether he is a British citizen or a EEA citizen.

Thanks Stefania

[Lucapooka]

If you have achieved permanent residence your child will be considered as British.

If you were born in the UK between on or after 30 April 2006 to parents who were EEA citizens, you are not a British citizen unless one of your parents had permanent residence status before the date of your birth. However, you may be able to register as a British citizen if one of your parents later gets indefinite leave to remain (see Registering your child as a British citizen or subject)

http://www.ukba.homeoffice.gov.uk/briti ... territory/

You would need to prove that have lived in the UK for five years unbroken residence, exercising EU treaty rights.

http://www.ukba.homeoffice.gov.uk/sitec ... de-eea.pdf

[Jambo]

Just living in the UK if not enough.

As you probably know from the EEA2 application, you need to exercise treaty rights. Have you been exercising treaty rights for 5 continuous years sometime between 1997 and the birth of your child?

[stefania73]

I have been living in the UK for 17 years and always exercised treaty rights.

[Lucapooka]

Yes, but they won't simply take your word for it. You will need to provide the necessary evidence if you expect to be treated as a permanent resident which, in turn, will mean your child can claim British citizenship.

[stefania73]

well of course I am sure I will have to provide some type of evidences. I have been working for my current job for years now so I can provide evidence for that if they need other types of evidences a house lease I do have that too and other things that maybe could prove that I have been in the country for a long time. As far as an indefinite leave to remain, that I don't have it as I have never bothered applying for one.
I mean I don't mind whether my child will be British or not I was just more curious than anything really.