British citizenship EEA children born between 2000 -2006

[quetzal]

Acquiring British citizenship for EEA children born between 2000 and 2006

Both parents EEA citizens.
Father settled in1990
Applied twice for Resident permit work in the 90’s but those where valid for period only (2 years)
Applied to obtain British citizenship for children born in 1998, 2003

First child was granted citizenship but the other not because of new 2000 immigration legislation. Meaning that parents are not considered permanent resident unless they have applied for Permanent Residency

My questions:

In the 1990 there seemed not to be a PR cards, does anyone know when it was possible to apply for those. I remember only the EEC working permits

Before 2000 legislation were EEA citizen considered as having permanent residency after residing 4 years? Was this residency revoked from 2000?
If not, is the PR on passport still necessary to prove parents were settled.

I am trying to avoid going down the route of having to pay nearly £1000 to obtain citizenship for the second child.
It looks like children born in the UK from EEA parent between 2000 and 2006 are being discriminated against. They do not seem to have automatic citizenship although parents were settled unless application for PR had been made. This is not the case for those born before 2000 or after 2006

[noajthan]

Acquiring British citizenship for EEA children born between 2000 and 2006

Both parents EEA citizens.
Father settled in1990
Applied twice for Resident permit work in the 90’s but those where valid for period only (2 years)
Applied to obtain British citizenship for children born in 1998, 2003

First child was granted citizenship but the other not because of new 2000 immigration legislation. Meaning that parents are not considered permanent resident unless they have applied for Permanent Residency

My questions:

In the 1990 there seemed not to be a PR cards, does anyone know when it was possible to apply for those. I remember only the EEC working permits

Before 2000 legislation were EEA citizen considered as having permanent residency after residing 4 years? Was this residency revoked from 2000?
If not, is the PR on passport still necessary to prove parents were settled.

I am trying to avoid going down the route of having to pay nearly £1000 to obtain citizenship for the second child.
It looks like children born in the UK from EEA parent between 2000 and 2006 are being discriminated against. They do not seem to have automatic citizenship although parents were settled unless application for PR had been made. This is not the case for those born before 2000 or after 2006

Was child born in UK (is it safe to assume so)?

My understanding is PR cards were issued post-2006 when Directive 2004/38/EC was transposed into UK EEA Regulations.

Children born in that period are not being discriminated against as minors on the UK immigration trajectory would have had to fulfill similar requirements. That is the acid test.

Have you worked through this HMPO guidance which complements the MN1 guidance:
https://www.gov.uk/government/uploads/s ... idance.pdf

And see also:
https://www.gov.uk/government/uploads/s ... Policy.pdf

Children born between 02 October 2000 and 29 April 2006
Request evidence to show that the parent (s) had Indefinite Leave to Remain/Enter (ILR/ILE) or a NTL or Document Certifying Permanent Residence or Permanent Residence Card in the UK at the time of the child’s birth.

The documentary evidence should be either in the form of a letter from the United Kingdom Visas & Immigration, (UKV&I), or a passport with an endorsed ILR/ILE or NTL stamp or Document Certifying Permanent Residence (DCPR) or PR card.

Worst case, register child under section 1(3) or even s. 1(4) of BNA:
https://www.gov.uk/government/uploads/s ... r_2015.pdf
- not quite as bad as £1000, more like £750

[secret.simon]

To the best of my knowledge, before 2nd October 2000, ILR was available on request (not automatically) to any EEA citizen who asked for it. It is worth checking your old passports for such a stamp. If ILR is stamped in an old passport and you have not been outside the UK for more than two years, that ILR is still valid and all children born in the UK would be British automatically.

Between 2000 and 2006, the EU laws on permanent residence were in some flux and hence, I believe, most EEA citizens were considered temporary residents unless they had already applied for and got ILR before 2000.

Since 2006, any exercise of treaty rights for five continuous years (even before 2006) would confer automatic PR. It is not retrospective however.

A child born between 2000 and 2006 is entitled to register as a British citizen if born in the UK and the parent acquires PR in 2006, but it will be subject to the same rules and fees as a non-EEA child meeting the same requirements.

Also see: EEA and Swiss Nationals. Page 25, Scenario 1 covers the same scenario as the one you have highlighted. Also see Page 23 for people who may have acquired settled status between 2000 and 2006.

EEA Regulations 2000 (in effect between 2000 and 2006) did not have a section on Permanent Residence. Section 8 lists the people who would be considered settled at the time.

HMPO Guidance on dealing with applications from children born in UK to European Union nationals it includes the member states and the type of documents acceptable to prove nationality

[quetzal]

Thank you for your detailed replies. I applied for resident permit worker status, which seemed to be what was available at time. I made two applications before the children were born early 90's and late 90's. However those resident permit ( blue card) were only valid for a given period. The first time I was given card valid 2 years, the second time only two months.. I should have questioned why such a short time as I had by then been in the country for nearly 10 years and mostly in employment. The general understanding is that it was nor really necessary to apply for such a document. So when the when the immigration legislation of 2000 came into force I did not realise the consequences with regards to my status.

When I say that children born between Oct 2000 and 2006 I are discriminated against this is in relation to those born prior 2000 or after 2006.

Because even 10 years as resident do not provide you with permanent status unless you have actively applied for an ILR. Which I did, but ILR were not given by the mere fact to have been resident after a period of 4 years. You would be given a temporary card as I as mentioned above, which is more about your status as European migrant worker.

So both children born prior to Oct 2000 or after 2006 are automatically British if the parents were deemed settled. Those born in that period are not even though parent were settled for long period of time let's say 10 years. It is the fact that automatic PR is not retrospective. I am still unclear as if I was considered as having had PR prior to Oct 2000 and then lost this status. My passport was never stamped as I would mostly travel between England and other European states.

There is indeed the route of registration. which I am most likely to now follow but it feels like something is not right..

[secret.simon]

I am still unclear as if I was considered as having had PR prior to Oct 2000 and then lost this status.

As I understand it, PR did not exist before the 2006 Regulations.

Before 2000, each EU country had the freedom to set the requirements for permanent settlement. The UK was, in my opinion, quite generous in issuing ILR on request to any EEA citizen who requested it. And I believe (I could be wrong, but old warriors like Wanderer could correct me), it used to be free or at nominal cost.
That provision then ceased in 2000 and then was overtaken by the PR provisions of the 2006 Regulations.

[quetzal]

Thank you. Yes ILR was free but from my experience of applying twice you did not get an ILR straight away.
I first got a card with a two years validity and then many years later just two months. I was mostly either a full time student or in employment.

My point is that if PR did not exist until 2006 then is it reasonable to expect and EEA citizen to apply for an ILR when at the time it felt unnecessary. When the law changed in 2000 PR should have become automatic after a period of time just as they are now. Otherwise you have a group a of children who want to be british not so much by necessity but because they feel more affinity with this country but cannot unless you pay for the registration fee. That is not the case for those born before 2000 or after 2006.

[quetzal]

Acquiring British citizenship for EEA children born between 2000 and 2006

Worst case, register child under section 1(3) or even s. 1(4) of BNA:
https://www.gov.uk/government/uploads/s ... r_2015.pdf
- not quite as bad as £1000, more like £750

Thank you noajthan, this is the route I am most likely to follow but wanted to highlight what appears to me an anomaly of the law. The fees are now £935, they increased significantly on the 18th of April 2006 from £750

[noajthan]

Thank you noajthan, this is the route I am most likely to follow but wanted to highlight what appears to me an anomaly of the law. The fees are now £935, they increased significantly on the 18th of April 2006 from £750

I stand corrected, just looked at most recent fees menu for 2016.