Child birth and Citizenship - EEA parents?

[badzhom]

Hello all

I looked through previous posts to see whether my question would fit anywhere however nothing that has been active in the last year seemed to meet the exact question I have.

I'll put the question first and the background is below - will my child be a British Citizen once born?

So the story is: I am expecting a child in a few months' time and I've lived in the UK for more than 5 years (6-7 years currently). However I have been a student for the first 4 of these and a full-time employee for the last 2 and something years...
Whilst I was a student I didn't have private medical insurance however I had EHIC cards for most of the 4 years and at the same time I worked part-time all throughout these 4 years...Now, even though I earned below my Personal Allowance I never actually claimed back tax or NI so I still would have made contributions (wouldn't have been an awful lot seeing as I didn't earn more than 6k a year, however they were there). Probably HMRC couldve been sending me cheques with money owed to me, however I never got them as I often had problems with my mail...
I have now actually ordered a letter form the NI department of HMRC to see exactly whats on their records....
So in any case - I wonder whether this situation should suffice to grant the child a british citizenship?
I have had advice that a Permanent Residency document may help however I am not sure in this either?

Any help/input would be highly appreciated.
Thanks

[badratio]

Even if part-time - you're still a worker. You can try applying for Permanent Residence using EEA3 form on that basis. Surely, you should be fine. I used to work and study at the same time and got my PR through worker's route even though there were months when I had worked less than 10 hours a week.

Not claiming the tax you're owed is just preposterous. Claiming the money you're entitled to is not a crime.

I'm not entirely sure but I believe that both parents required to be permanent residents for a baby to be automatically eligible for citizenship.

[LilyLalilu]

I think only one parent needs to have PR.

[milan69]

http://www.immigrationboards.com/britis ... ml#p592355

[badzhom]

Firstly , thank you so much Badratio, LilyLalilu and Milan69! I so appreciate this.

I've just had a look at EEA3 now and I wondered whether you used any professional services when any of you were applying for PR? Probably not all of you had applied actually

I realise that I may miss some information such as contracts of employment, letter(s) from your employer(s) confirming employment, wage slips and P60s for the time I was a student and part-time employed. Pretty much the only thing I have is my bank account showing when money had come in from the companies I worked for. Also I have a letter with a tax code for one of the years..
What are your thoughts on this..? I am not overly optimistic for some reason..
I will go back to all employers to check whether they could provide me with any of this information whatsoever but wonder what to do if they can't. I know (hope) at least the more recent ones will...

If anyone is aware of any law that may require employers to keep such records for say... 7 years..let me know?

Also I am still awaiting the National Insurance letters I ordered from HMRC which will hopefully show NI had been paid form each employer I have been working for...and hopefully some Tax letters will be coming in as well. The NI letters are the more important ones, right?

@Badratio - I know you mentioned one does not need to prove they have been earning an awful lot...is that in regards to PR as well? Is that how you applied when/if you were doing an application? Or did you apply based on different grounds?

@milan69 - the post you have referred me to is really helpful. I've actually had a look through it all as there's a lot of usefulness in there - I wonder though - is it still just as relevant today as it was in 2012? If so, that means a parent's PR is sufficient for the authorities when registering a child, so that it is granted British citizenship (based form this paragraph - If the child was born in the UK after one parent has ILR/PR, then the child is British from birth and can apply directly for a passport.) That would be such a relief

[milan69]

by zeusmagnanimous » Tue Jan 13, 2015 11:31 pm

milan69 wrote:
Again, I am not expert on this but I believe if your kids were born in UK they are British citizens from the moment you have received your ILR, meaning you have to apply for their passport only.


This is not correct. They do not become British Citizens automatically, they have just become eligible to register for BC - these are very different things. They will have to apply for BC by using MN1 as mentioned in my reply above. If you apply for their passports directly then your passport application will be refused and you will lose the fees.