PR EEA Child of EEA national

[bl_onyx]

Dear All,

I'm applying for permanent residence for myself and my family (Wife, non-EEA and child, EEA).
Both me and my Wife have been in the UK for five years and married and I've excercised my treaty rights during the entirety of these 5 year. So far so good, I think.

My question is: can I include my 4.5 year old son (EEA national, born and raised in the UK) in the PR application?

My understanding is that any children I might get after obtaining PR would be entitled to PR from birth, but I need to wait until my son is 5 until I can apply for PR for him, as I did not have PR when he was born. Is this correct?

[secret.simon]

any children I might get after obtaining PR would be entitled to PR from birth

Any children born in the UK after you acquired PR would be British citizens by birth.

PR as a status is not inheritable. It can only be acquired by five continuous years of living in the UK in accordance with the EEA Regulations.

To the best of my knowledge, any children born outside the UK would have to go through five years residence with you in the UK to acquire PR.

I need to wait until my son is 5 until I can apply for PR for him, as I did not have PR when he was born.

As mentioned above, your PR status is not inheritable by your child. S/he needs to acquire it in his/her own right by living in the UK in accordance with the EEA regulations.

[noajthan]

My question is: can I include my 4.5 year old son (EEA national, born and raised in the UK) in the PR application?

My understanding is that any children I might get after obtaining PR would be entitled to PR from birth, but I need to wait until my son is 5 until I can apply for PR for him, as I did not have PR when he was born. Is this correct?

PR cannot be 'inherited'.

The child does not need to acquire PR.
As s/he had the foresight to be born in UK he will be entitled to register as a citizen once at least one parent has acquired the holy grail of PR.

Form MN1;
Section 1(3) of BNA.

[bl_onyx]

Noajthan, secret.simon, thank you for the clear and prompt responses. Very helpful.