Confused...EEA 3 & EEA4 + baby

[ajentha82]

Hi,

wondered if someone can shed some light on the below query.
I came to the UK in January 2008; my residence card was issued and I just saw that it "expired" in February 2013.
Hubs came to the UK in 2008, via a Family permit. Obviously applied for the residence documentation (5 years); however there is an expiry date on there for March 2014. I strongly believe this is due to the fact that it took FOREVER for his RD to be processed back when we applied.

So what's the best to do? Do I apply for a permanent residence (I'm planning to keep my Dutch nationality (unfortunately I believe the Dutch won't allow double nationality).
Can I apply for a permanent residence for my hubby as well? Or should I wait till March 2014.

Also - our baby is due next month. What nationality will the baby have? I thought it was dutch (because the mum is dutch; and we have this rule that by birth you have the dutch nationality); however now maybe with the permanent residence this might change?

Very confusing....hope someone is able to advise me on above. Will much appreciate it!

[Jambo]

Residence documentation under EEA regulations are just confirmation of status. The date of issue or expiry have no affect on the rights. They just represent the documents issue/expiry.

Have you exercised treaty rights for 5 years ? (employment, study or self sufficient).

After 5 years of exercising treaty rights, you obtain PR automatically. Family members would also obtain PR if they have resided 5 years in the UK (doesn't matter when the RC was issued).

If you have obtained PR automatically (even without a document confirming that), the child would be British from birth (and I assume Dutch as well).

[ajentha82]

Many thanks for your responds.

Ok, so that's good news. However; how does the Border Agency/home office know that myself and my hubby will have automatically PR.
Just had a look through the EEEA3 forms/posts and they decline them based on insufficient informationi provided by some of the board members.

Thanks

[ajentha82]

And should we go for the EEA3 or EEA4?

[Jambo]

EEA3 is for EEA nationals.
EEA4 is for non EEA nationals.

The HO don't know you have obtained the pR automatically. That's why you provide evidence on your activities and residence do they can confirm your PR. if the documents are not enough to satisfy them, they will refuse to confirm. It doesn't mean you don't have PR, just to that HO can't confirm it based on the documents submitted.

[ajentha82]

Many thanks! I'm just looking around the border agency website and will apply accordingly.
Did anyone had experience submitting the pasports (I'm not willing to loose the passport for 6 months).

Thanks again for the info!

[zubby007]

[quote="ajentha82"]Many thanks! I'm just looking around the border agency website and will apply accordingly.
Did anyone had experience submitting the pasports (I'm not willing to loose the passport for 6 months).

Thanks again for the info![/quote]



It is not a must to Submit your passport, you can Submit your National ID card in place of your passport.

[ajentha82]

Thanks all!
I have been in employment since I've been here (continuously - full time).

Unfortunately we both only have a passport.

In regards to my soon to be born baby; (not sure if there is a separate top/section for this questions). But how do I register the baby then?
Assuming there will be a birth certificate - do I contact the HO and tell them this? Really sorry; this sound like a really weird question.

back in the NL; you go with your birth certificate to the council and register the baby there. Not sure what I should do in the UK.

Also - so just to double check (even though I still haven't applied for a EEA3 yet, but have exercised my EU treaty rights the baby will be British national?

thanks all for your advise!

[Jambo]

Thanks all!
I have been in employment since I've been here (continuously - full time).

Unfortunately we both only have a passport.

In regards to my soon to be born baby; (not sure if there is a separate top/section for this questions). But how do I register the baby then?
Assuming there will be a birth certificate - do I contact the HO and tell them this? Really sorry; this sound like a really weird question.

back in the NL; you go with your birth certificate to the council and register the baby there. Not sure what I should do in the UK.

Also - so just to double check (even though I still haven't applied for a EEA3 yet, but have exercised my EU treaty rights the baby will be British national?

thanks all for your advise!

You can ask for the passports back at any stage and it will not affect the application.

If you have worked for at least 5 years before your child is born, the child is British from birth. There is no registration required in the UK (other than registering the birth to get a birth certificate).

[ajentha82]

thanks Jambo for your reply! Really appreciate it.
Just read I can do this on the register office where I live. Here's the next questions; so If I want to travel to the Netherlands will I be able to obtain a passport for the little one, if so where do I get this from? or am I looking at another 6 months process?

[Jambo]

First child passport takes 2-3 weeks. You can also get it done in one week (f paid extra).
You will need to provide your pasport and evidence of your work for 5 years prior to the birth (5 p60s).

[ajentha82]

Thanks! I really don't want to sound stupid; but I can provide this proof (5xP60) to the postoffice wheren I request a new passport..

[Jambo]

Not sure i understand the question.

You need to post the British passport application (or attend an appointment in person in a passport office). If you send an application form, your EEA passport, 5 P60s proving treaty rights for 5 years before the birth, child UK birth certificate, then after 2-3 weeks you will get a British passport in the post.