Passport for EEA child refused

[umm-noor]

Hi there, I have a quite complex case and I hope someone can help me find the right legislation.
I have been living in the UK since 2004, with periods of being employed, self-employed and a student.
My daughter was born in 2014 and I applied for a British passport for her on the basis that I had been exercising Treaty rights for over 5 years before her birth.
My application and subsequent appeal were refused on the basis of lack of evidence.
From 2009 to 2014, I was a PhD student and I was working as a self-employed researcher part-time. The Home office argued that I couldn't be counted as working during this period as I was not earning enough money to reach their threshold. They would not recognise me as a student either because I didn't have CIS anymore by that time (I have one as a BA student). I was however paying national contributions as a self-employed person for the whole period, and therefore thought I didn't need private insurance.
I have already appealed the Home office's decision, but they merely repeated the previous decision of lack of evidence without answering any of my concerns.
Has anyone been in a similar situation, and can I take this case further after the appeal has been unsuccessful?
Thank you!

[noajthan]

Hi there, I have a quite complex case and I hope someone can help me find the right legislation.
I have been living in the UK since 2004, with periods of being employed, self-employed and a student.
My daughter was born in 2014 and I applied for a British passport for her on the basis that I had been exercising Treaty rights for over 5 years before her birth.
My application and subsequent appeal were refused on the basis of lack of evidence.
...
Has anyone been in a similar situation, and can I take this case further after the appeal has been unsuccessful?
Thank you!

Issue of passports is covered by Royal Prerogative and not statute (legislation).

NI is not a valid alternative for CSI.

To be recognised as exercising treaty rights your work would have to be genuine and effective rather than marginal and supplementary - that is EU law as per the Directive.

UK HO, somewhat controversially, applies its MET/PET tests to determine who is a worker; this is not necessarily compliant with the cleaner, purer EU law.

But its clear if you were in fact a student qualified person then you (and all family dependents) would have to have been covered by CSI or a recognised alternative.
At a pinch foreign-issued EHIC would suffice.
Or did you have a RC issued to you as a student in/before 2011?
Or were you covered by foreign health insurance (perhaps a parent's health policy from home country?)

You can get a handle on how qualified persons are weighed and assessed in HO guidance here:
https://www.gov.uk/government/uploads/s ... _clean.pdf
- see sections on students, workers and assessing work

More on the HO PET/MET test here:
https://www.freemovement.org.uk/using-m ... ne-worker/

Ref HMPO guidance on passports based on treaty rights - this is what HMPO will have been using:
https://www.gov.uk/government/publicati ... plications

[Obie]

I had similar discussion with a Passport Office Individual today.

Issue of passport and whether a person is a citizen are 2 different issue.