Not sure where we fit in the immigration process

[maple]

Hi guys,

I've spoken with HO several times, receiving conflicting advice, so I am hoping to find guidance here regarding my child's status and what next steps are.

The detail:

I have lived in UK since 2001.

I applied for ILR in 2002 - and was granted it. (My husband is Danish).

As part of that process, my husband applied for UK residency permit - and was granted it. On the letter confirming his status, said that any child born to him *may be entitled to British citizenship*

Jan 2008 - my child was born in Denmark (came prematurely while on holiday there), and has Danish citizenship.

Aug 2008 - I applied for naturalisation - and was granted it.

Jan 2010 - second child was born (and has British Citizenship)

2016 - Brexit implications forcing us to readdress my first born child's immigration status - neither myself or my children have lived in Denmark.

My eldest child has lived her for almost 9 years.

---------

The advice so far:

Because I wasn't naturalised before my child was born, my child is not eligible.

However, if a parent had ILR status and the child was born in UK, the child would be eligible, yet nothing is mentioned about a child that was born in EU to a mother with UK ILR, and a father with UK residency permit. The child's birth in Denmark was due to premature labour while visiting family. Not that this helps anything.

Is anyone else in a similar situation?

Should we be applying for MN1?

Thanks for your help.

[noajthan]

Child born abroad needs to be settled in UK and then may be registered as a citizen at Home Secretary's discretion;
section 3(1) of BNA; form MN1.

The challenge now is how can the child become settled.

As you are British you cannot sponsor a family member on EU migration route.

Is hubby still only Danish? Not British?
Is hubby exercising treaty rights or does he have PR status?
If so he can be child's sponsor.

Depending on dates child may have acquired PR status via father/sponsor already.
If so, when father applies to naturalise in UK, child may apply to register as a citizen.

[maple]

Hi, thanks for your response.


No - my husband is not a British Citizen.

Yes - he has permanent residence status - granted on October 2005 - 3 years prior to our eldest's birth.

So what you are saying is that because he has permanent residence status, he has passed this on by default to our child who was born 2008?

Does this mean that our child can apply via MN1 without having to apply for PR first? And the only way forward is for him to naturalise first to enable our eldest to naturalise too?

Thanks for your help.

[noajthan]

Hi, thanks for your response.


No - my husband is not a British Citizen.

Yes - he has permanent residence status - granted on October 2005 - 3 years prior to our eldest's birth.

So what you are saying is that because he has permanent residence status, he has passed this on by default to our child who was born 2008?

Does this mean that our child can apply via MN1 without having to apply for PR first? And the only way forward is for him to naturalise first to enable our eldest to naturalise too?

Thanks for your help.

No, son needs to show he's settled first; he's only inherited citizenship from father (not any immigration status in UK).

I assume son has lived with you in UK since 2008/9.
If so then he will have acquired PR after 5 years in UK as direct family member (dependent);
that is, via father as a Union citizen who had PR (no need for Dad to exercise treaty rights).

Child may apply for DCPR to confirm the PR he has had since 2013/14 (without realising).

Yes, for a successful registration of foreign child under s 3(1), both parents are expected to be BC or else settled and naturalising.
Then minor can register at same time or after parent (but under age of 18).

So once DCPR is in the bag, child may register as soon as father naturalises.
If successful, you can sort out passports after that.

[maple]

Ok, thanks.

Brilliant information, appreciate you taking the time with this.

Okay, we'll crack on with applying for DCPR.

Have a great evening.

[noajthan]

Ok, thanks.

Brilliant information, appreciate you taking the time with this.

Okay, we'll crack on with applying for DCPR.

Have a great evening.

That should work out as long as you have good documentary supporting evidence.
Get up to speed with HO guidance, here:
https://www.gov.uk/government/uploads/s ... s_v3_0.pdf

Then for registration you can get into the head of the caseworker who will assess and weigh up the discretionary application, here:
https://www.gov.uk/government/uploads/s ... r_2015.pdf
and here:
https://www.gov.uk/government/publicati ... structions