Question about EEA, IRL and children becoming BC

[alexmb]

Hello all, I have a question that I have tried to find answers to, and I thought I knew that the answer was ("No") but reading this forum I actually think it may be "Yes". I would really appreciate if you could help me.

I have dual German and Brazilian nationality (born in Brazil) and married to a Brazilian woman. We moved to the UK in 2008 when she was pregnant. My daughter was born in the UK in 2009. My wife got IRL in 2014 and we never left the country for more than 30 days in the same year.

I had the impression my daughter was NOT automatically BC because she was born in the UK before my wife had IRL. However, my wife has IRL now and also I was exercising treaty rights as EEA national when my daughter was born.

Now my question is this: Does my daughter have BC already or not? If not, then does she need to apply for naturalisation (pay the hefty fees, etc.) to become one?

[noajthan]

Hello all, I have a question that I have tried to find answers to, and I thought I knew that the answer was ("No") but reading this forum I actually think it may be "Yes". I would really appreciate if you could help me.

I have dual German and Brazilian nationality (born in Brazil) and married to a Brazilian woman. We moved to the UK in 2008 when she was pregnant. My daughter was born in the UK in 2009. My wife got IRL in 2014 and we never left the country for more than 30 days in the same year.

I had the impression my daughter was NOT automatically BC because she was born in the UK before my wife had IRL. However, my wife has IRL now and also I was exercising treaty rights as EEA national when my daughter was born.

Now my question is this: Does my daughter have BC already or not? If not, then does she need to apply for naturalisation (pay the hefty fees, etc.) to become one?

Exercising treaty rights is not enough. Settled status PR or ILR is required on part of a parent.

Child is not British but is entitled to register as a citizen now that at least one parent has got settled status (eg ILR) since child's DoB.
Section 1(3) of BNA; form MN1.

So the answers are:
No;
No, not naturalisation but yes to registration.