British Passport for EU nationals child

[marcek83]

hello

I've been reading through any possible guidance on this topic but I can't find a clear answer to my situation.

I've been in the UK since 2007 and have never applied for EEA QP. I'm an EU national.
now... my child was born in 2014 but I haven't applied for British passport for him since. when I've looked into this now ang the question is am I legally settled in? the key word seems to be legally, in other words did I need Qualified person certificate before he was born or I was automatically permanent resident in 2012, five years after my first arrival in the UK.

if I'm legally settled in without the official piece of paper, can I just apply for my son's passport online and print it and send it with 5 p60s attached. is it enough?

many thanks for any help.

[Casa]

What were you doing in the 5 year period following your arrival in the UK in order to exercise your Treaty rights? Were you working? If you were studying or self-sufficient, did you hold Comprehensive Sickness Insurance (CSI) or a EHIC card?

[marcek83]

hi there

this is my employment history in a nutshell by fiscal years

2008 - 2009 in employment
09/10 in employment
10/11 in employment
11/12 in employment and on mat leave with the first child till 02/2012, from 12/2011 till 10/2012 i stayed outside the uk with my family as a part of my mat leave and was not in employment since 02/2012 till 10/2012
10/2012 till today in employment.i had another mat leave in 2014 and again stayed with my family for 6 months outside the Uk but this time no non working period afterwards.

I've got full history in p60s which i meant to use as my proof of continuity of residency.
thanks

[marcek83]

just to add to the above. my son was born in march 2014 which was 6 years of my working in the uk apart this 6 months for family time in 2012. i think i qualify as settled in I'm just unsure whether i needed to have eea qp in hand before he was born and as a consequence if i can apply for his passport right now as if he was British national.

thanks

[Richard W]

Possession of a residence certificate does not usually help establish your child's nationality. A document

It's not clear to me when you were not working in 2011 and 2012, and what you were doing at those times, e.g. on maternity leave inside/outside the UK, being a job seeker, or what. I think your son (the second child) qualifies but I'd like someone else to examine the history Was your son born in the UK? Are you an A8 national, and if so when did you register?

Might your son qualify for British nationality from his father? Assuming you had no significant fertility treatment or the like, legally his father would be your husband if you were married when he was born, and his biological father otherwise, generally as evidenced by his birth certificate.

[marcek83]

hi Richard. thanks for taking your time and looking at this. I'm a8 national and so is my husband. he didn't have mat leaves so he may be actually a better case for my question. he an i registered under the workers scheme in 2008 and did our 12 months of registration and employment. since then he had been working continuously except for 3 months period when he was looking for a job and did not register as a jobseeker. he did not apply for eea qp but is going to do it now.

again the same question what about our son. can we just apply for a British passport taking that his dad had been in the UK for5 years prior to his birth? or do we need to first apply for registration as a British citizen and then apply for a passport?

many thanks again

[Richard W]

Since then he had been working continuously except for 3 months period when he was looking for a job and did not register as a jobseeker. he did not apply for eea qp but is going to do it now.

If you were working when he was not, then he has permanent residence, for at all times one of you was a qualified person and the other was the qualified person's family member. I believe both of you have permanent residence (but I'm not completely sure about you), so the form to use is the old EEA3 to apply for a document certifying permanent residence (DCPR). You need to combine it with the start of the current monster form to ensure payment may be taken. The wait for the DCPR is not looking good. It now takes several months and I suspect will soon take 6 months. I think this is workload rather than malice. You should be able to apply for the two of you together.

again the same question what about our son. can we just apply for a British passport taking that his dad had been in the UK for5 years prior to his birth? or do we need to first apply for registration as a British citizen and then apply for a passport?

It appears that you second child was born British. You apply for his passport using the same evidence as for your husband's permanent residence, except that you only need evidence of parental residenceand working up to the date of birth.

Whether you apply for your DCPRs or your son's British passport first is up to you. I'd be inclined to apply for the DCPRs first just in case the rules change, and especially if you don't have residence certificates (RCs).