British passport for child of EU citizen question

[tam333]

Hi!

I have a few questions about applying for a British passport for my unborn son.
Both my partner and I are EU nationals but only I reside in the UK- have done so for 15 years- first a student and in full time employment since 2007.
I have applied for PR (EEA route) in May this year- have heard nothing yet from the HO and they have my national ID card and lots of original documents covering my employment etc for the last 5 years. I did not send my passport as I travel frequently for work and it would have been completely unfeasible not to have my passport for months on end.
I was initially hoping that my PR card would come through before my baby was born to make it really easy to apply for his passport but it is now looking very unlikely. So I will need to proof that I have been exercising Treaty Rights differently.
The passport application form is confusing - it asks for me and my partner's parents details but I don't see the point as the right to citizenship is not based on them- none of them have British citizenship. Where am I supposed to put the information that I am applying under Treaty Rights? Section 8? What wording should one use? Is it ok to leave the grandparents off as it seems a waste of space or shall I put them down anyway?
I will have to send proof of treaty rights- I have a statement from HMRC listing my NI contributions from tax year 2007/8- 2014/15 (no idea why they didn't include 2015/16 too) and will also include my latest P60 and all pay cheques between April and now- should that be enough?
Also I have to send proof of EU citizenship so I guess that would be my passport or my ID card if the HO return it to me (requested today and they say it should take 10 days but apparently lots of ppl wait much longer)
Does anyone know how long it usually take to get the passport issued? I know it can be up to 6 weeks but I really really really can't be marooned here for that long- need to present the first grandchild at home!

Sorry this turned out to be quite long but any help/advise/shared experience would be greatly appreciated

[noajthan]

If presenting grandchild is more important than BC then child can always fly home to be born.

Assuming you want it all then are you using correct guide - this one?
https://www.gov.uk/government/publicati ... plications
(or are you using the default UK-focused guidance?)

[tam333]

The original plan was to have baby at home but we changed that post Brexit so BC is definitely morw important but it would still be nice not to have to be without any family support for weeks on end.
I have been using the guide you posted and know that I have been exercising Treaty Rights- I just want to make sure I get the application right the first time so there are no delays and I can get home to my mum asap. The added difficulty is that the HO is holding most of my paperwork hostage.

[noajthan]

The original plan was to have baby at home but we changed that post Brexit so BC is definitely morw important but it would still be nice not to have to be without any family support for weeks on end.
I have been using the guide you posted and know that I have been exercising Treaty Rights- I just want to make sure I get the application right the first time so there are no delays and I can get home to my mum asap. The added difficulty is that the HO is holding most of my paperwork hostage.

So suggest humour HMPO and answer questions as asked.
You will need to trust and hope the caseworker is experienced enough with treaty rights cases to know how to filter the information;
eg to disregard grandparents.

These cases can be problematic so expect delays and possible glitches (or even an initial refusal); search forum for members' past experiences.
Forewarned is forearmed. Especially when planning travel.

Even with a shiny new DCPR there have been cases where caseworker has misinterpreted the date of issue (versus date of acquisition of PR which is not explicit) in relation to a child's DoB.
So in some ways lack of DCPR simplifies things although, yes, you do now have the challenge (and delays incurred) due to the need to present evidence you don't have to hand.

[Richard W]

Can you not get the child a passport of your nationality? I would expect that to be quicker than waiting for a British passport.

There may be a way to take a new-born baby to the grandparents using just a birth certificate (I heard of it being done UK to Madeira for a Portuguese baby around 2000). I didn't understand how it was done then, so I can't offer any further advice. The UK won't leave the EU in 2016, so your baby could return on an EU passport if you despaired of waiting for the British passport.

I worry about Noajthan's suggestion. If born outside the UK, could the child be registered as British at discretion? I worry that it might be refused because the father is not resident in the UK, let alone settled.

The processing time for EU citizen's DCPR seems to be between 4 and 6 months - I'd expect the high end now, as the 4 month processing was when 'Remain' looked a safe bet.

[Casa]

Can you not get the child a passport of your nationality? I would expect that to be quicker than waiting for a British passport.

There may be a way to take a new-born baby to the grandparents using just a birth certificate (I heard of it being done UK to Madeira for a Portuguese baby around 2000). I didn't understand how it was done then, so I can't offer any further advice. The UK won't leave the EU in 2016, so your baby could return on an EU passport if you despaired of waiting for the British passport.

I worry about Noajthan's suggestion. If born outside the UK, could the child be registered as British at discretion? I worry that it might be refused because the father is not resident in the UK, let alone settled.

The processing time for EU citizen's DCPR seems to be between 4 and 6 months - I'd expect the high end now, as the 4 month processing was when 'Remain' looked a safe bet.

Which is probably why noajthan wrote "If presenting grandchild is more important than BC"

[noajthan]

Which is probably why noajthan wrote "If presenting grandchild is more important than BC"

Indeed. Life is all about opportunity cost.

In the words of Richards and Jagger

No, you can't always get what you want
You can't always get what you want
You can't always get what you want
But if you try sometime you find
You get what you need