Liv87 wrote:Hi.
I have a young child and would like to apply for a british passport for him. I've been in the UK since 2009 and have all the necessary docs to prove it. I am an EEA national as well. From Oct 2010 to 24.06.2011 I was a full time student, but at the time no one advised me that I needed comprehensive health insurance. My understanding is that this was put in place on 20.06.2011, is this correct? My last question is:
My son was born on 13.02.2016, therefore I need to demonstrate that I was legally settled for the period 13.02.2011 to the date he was born. Is he or is he not a british citizen automatically, therefore can I apply for his british passport? Will that period of 4 days, when the rule was put in place, 20.06.2011 and when I stopped being a student, 24.06.2011 affect his status?
Hopefully this makes sense. Also I would like to add that in 2009 I was issued a purple card for being an au pair. After having the purple card for 12 months, I was issued with a blue card in 2010, hence why I never used my student status to apply for a yellow card.
Thank you.
So you need to prove you were settled in UK (that is you had acquired PR) before your child was born here in UK.
I assume you do not have a confirmation of PR card.
You did not mention it but I assume son was born in UK?
Is there a 5-year period since you came to UK, and ending before child's birth, when you have been exercising treaty rights as a qualified person?
I don't really understand your questions about June 2011 and some gap of 4 days.
Note CSI has actually been required by students since (as per my understanding) sometime in 2006. It did not just start up in 2011.
The requirement started being
enforced in 2011 with no exemptions
except that there is a transitional arrangement that can be invoked (if certain conditions are met).
Are the purple and blue cards you mention RCs? (I think they are).
If you had had one issued to you as a student in/before 2011 you would have had no need to show you had CSI as a student.
(That is you can use the transitional arrangement).
Some members have previously reported success in avoiding CSI by relying on possession of blue &/or yellow cards.
In the absence of such a suitable RC, did you possess a foreign-issued EHIC at the time you were a student?
You need this for your PR clock to have possibly started earlier and to have kept running whilst a student.
In which other ways have you exercised treaty rights in UK since 2009? And up to now?
If your PR clock only started in June 2011 (due to lack of CSI/EHIC/student RC) then you cannot acquire PR before mid-2016.
On that basis your son is not British (yet).
But all is not lost, worst case, he can apply to be registered under section 1(3) of BNA once you do acquire PR.
