Children of EEA and NON EEA

[ang3l.in.paradise]

Hi All,

My husband is a french citizen excersing his EEA rights in UK through study(2005 - 2007) and employment(2007 - till date) for the last 7 years.
I am and Indian citizen residing in UK on the residence card(applied using EEA2 application) since Aug 2009.
We are expecting our first baby in 3 weeks time from now.
Can you tell me what nationality my child will be?
Will my child be french/Indian?This information will help us so that i can start looking at the passport processing for my child in the near future.

Please advise.
Thank you very much.
xxxx

[Directive/2004/38/EC]

Congratulations in advance.

Before I forget, when you register the baby's birth, be sure to get several extra copies of the LONG FORM birth certificate. They are cheap and easy to get then, and more difficult and expensive later on.

Has your husband been continuously employed in the UK since 2007? What month did he start month? If it is 5 years or more before the birth of the baby, then the baby will be born British. You will just need to apply for the passport, though will have to provide some supporting documentation that shows your husband was working in the 5 years prior to the baby's birth.

French citizenship I am not sure of, but I suspect the baby will also be born French. See http://en.wikipedia.org/wiki/French_nat ... f_blood.29

Indian citizenship I am not sure of. It looks like the baby will also be Indian: http://en.wikipedia.org/wiki/Indian_nat ... by_descent

[Jambo]

Please note that unlike the UK and France, India doesn't allow dual citizenship.

As far as I know, by applying for a UK or French passport for the child, the child loses his Indian citizenship.

[Directive/2004/38/EC]

Please note that unlike the UK and France, India doesn't allow dual citizenship.

As far as I know, by applying for a UK or French passport for the child, the child loses his Indian citizenship.

Note that the child has UK and French from the moment they are born, not from the time they apply for a passport.

It is worth finding more about Indian citizenship and what other parents in your situation have done.

[ang3l.in.paradise]

HI,

Thanks for the reply.

As we will be living in UK for good, I am not very worried about retaining the Indian/French citizenshiip.

My husband started working in May 2007 and has been working till date.
So he has completed 5 yrs of employment in UK. So If the baby is applicable for british citizenship, I'l go for it and apply for the same.

Thank you very much for your help!

[Directive/2004/38/EC]

As we will be living in UK for good, I am not very worried about retaining the Indian/French citizenshiip.

My husband started working in May 2007 and has been working till date.
So he has completed 5 yrs of employment in UK. So If the baby is applicable for british citizenship, I'l go for it and apply for the same.

It is definitely worth also registering the French. Not much downside.

Have fun with the baby!

[ang3l.in.paradise]

Do you mean that the child can hold dual citizenship?
British and French? Is that possible?

xx

[Directive/2004/38/EC]

If course. France and the UK have no problem with dual citizenship. Read the links I sent you! http://en.wikipedia.org/wiki/French_nat ... itizenship
and you do not even need to bother looking up the UK.

Canada, USA, Portugal, Ireland and lots of other countries also have no problem with it. If the baby was born in the US or Canada it would automatically be a citizen, irrespective of the citizenship or immigration status of the parents.

[ang3l.in.paradise]

HI, Am i right in applying for MN1 for my Baby? As mentioned above. Myhusband is french residing in UK for teh last 8 years and has been exercising his treaty rights throught study/work.

[frei]

When did your husband acquire PR? when was your baby born? If your husband acquired PR before the child was born you do not need to register the child as a British citizen as he is British from Birth.

You can apply for passport with evidence that father has acquired PR, it should be sufficient.

[Jambo]

As the baby was born after your husband has completed 5 years of employment in the UK, the child is British from birth if born in the UK. There is no need to register using form MN1.

Pick up a passport application form from the post office, send it together with your husband passport and 5 P60 to cover 5 years before the birth and you will get the passport back in 1-2 weeks.

You should also register the child birth with the French consulate.

[ang3l.in.paradise]

My baby was born on Sept 19th 2012.

My husband's tenure in UK:

2005-2007 March - Study
2007 March - till date - Work.

My husband has not applied for PR.

So should i still go for tthe MN1 application. please help.

[frei]

Do as Jambo has said, they do not accept MN1 application for children who are already British citizens.

[Jambo]

My baby was born on Sept 19th 2012.

My husband's tenure in UK:

2005-2007 March - Study
2007 March - till date - Work.

My husband has not applied for PR as he wishes to remain French.

So should i still go for tthe MN1 application. please help.

PR doesn't affect his French nationality. It is just permanent residency not British citizenship. But PR for EU national is optional. In any case, the child is already automatically British from birth. Nothing to apply for. If you wish, you can apply directly for a passport for the baby (he is already British regardless).

[ang3l.in.paradise]

I was told by the home office (on phone) to apply for the MN1 form. I have filled out the application and waiting for an appointment with NCS.Hence the confusion.
Husband is French doesnt hold PR in UK.where does it say that the child is automatically british from birth?

[frei]

See UKBA Document

5. WILL A CHILD WHO IS BORN IN THE UNITED KINGDOM ON OR AFTER 1
JANUARY 1983 BE A BRITISH CITIZEN? (SEE CHART A)
A child will be a British citizen when he or she is born if one of his or her parents (see Note 4) is:
• a British citizen (it does not matter how the parent concerned became a British citizen),
or
• settled in the United Kingdom (see Note 5)
If neither of the child’s parents is a British citizen or settled in the United Kingdom, then the child
will not be a British citizen when he or she is born.

Your husband acquired settled status after 5 years of residence in the UK, that is why your child is British by birth.

[Jambo]

I was told by the home office (on phone) to apply for the MN1 form. I have filled out the application and waiting for an appointment with NCS.Hence the confusion.
Husband is French doesnt hold PR in UK.where does it say that the child is automatically british from birth?

Your husband doesn't hold a PR confirmation document but he hold a PR status as this is obtained automatically. There is no need to apply for it.

The law in the UK is that if a child born in the UK to a settled person, the child is British. A settled person under the EEA regulations is a person who has been exercising treaty rights for 5 years. See the IPS (passport authority) guide - treaty rights.

When you called the HO, did you tell them that your husband has been working in the UK for over 5 years before the child was born?

You should apply for a passport. Applying for MN1 would be just a waste of time and some money (you will get the application fee refunded although not the NCS fee).

[ang3l.in.paradise]

Thank you very much for your patience Jambo and Frei.

I clearly mentioned to the person 'that my husband has been exercising his treaty rights in UK through Study/work last 7 years(Before birth of child). He has not opted to apply for PR.'

Anyways, Iam happy i have been informed before i make a mistake.So thank you!

Is it okay if i follow the instructions on the below link.
https://www.gov.uk/get-a-child-passport ... t-passport

I can get the application form here and would use teh passport check in service. Is it true it takes just 3 weeks to get the passport?

[frei]

Some times it doesn't take up to 3 weeks, 2 weeks at most, yes follow the instruction on the website.

[Jambo]

Don't bother filling in the form online as you then need to wait for it to be posted back to you to sign. Just grab a paper form from the post office.

[ang3l.in.paradise]

HI

I have just got the form from the PO and gathering all the required documents. I have enclosed the following documents

For the EEA national:


2005-2007 March ---------- Letter from UNiversity stating that he has studied in this period.

2007 March - 2008 ---------- P60 - Few Salary slips - Letter from Organisation
2008- 2009 ---------- P60 - Few salary slips - Letter from Organisation
2010- till date ----------- Letter from organisation stating dates of joining and that he still works for them. Few Salary slips.

Marriage certificate
Long form Birth certificate of child
Proof of adress of EEA parent
Birth certifcate of EEA Parent
passport of EEA parent

My husband has misplaced his recent P60s..are the above docs enough?

[Jambo]

Your husband might want to call HMRC and ask for employment record/history. It's basically a printout of the tax he paid as employee and can be used as a proof for the missing P60s. You normally get it in 3-5 days.

There is no need for letter from university, birth certificate of parent, proof of address of parent or marriage certificate.

[petkanov]

Does the child that gets a passport in such a way need to prove that the parent was settled in future passport application, or they record the child in the system? I am asking this, because 20 years down the line you might lose those documents.

[ang3l.in.paradise]

Thanks Jambo. I'l ask him to do the required.

[Directive/2004/38/EC]

Does the child that gets a passport in such a way need to prove that the parent was settled in future passport application, or they record the child in the system? I am asking this, because 20 years down the line you might lose those documents.

It is worth keeping secure copies of documents and of application forms. But most cases that I know of, once a person is judged to be a citizen, the passport application process is a lot simpler, especially the process of renewing a passport which is currently or recently valid.