EEA national and their children

[true_007]

Hello, I'm EEA national, I've been employed and lived in the UK for the past 5 years. I'm planning to apply for permanent residence for myself. I have a 6 yo child that was born and lived in the UK hes also EEA national. Now my question is can I apply for my permanent residence and for my child's British passport at the same time?
Or do I have to apply for child's permanent residence and then for passport? or will the child gets permanent residence automatically if the parent does?

[noajthan]

Hello, I'm EEA national, I've been employed and lived in the UK for the past 5 years. I'm planning to apply for permanent residence for myself. I have a 6 yo child that was born and lived in the UK hes also EEA national. Now my question is can I apply for my permanent residence and for my child's British passport at the same time?
Or do I have to apply for child's permanent residence and then for passport? or will the child gets permanent residence automatically if the parent does?

Child doesn't need PR.
PR is not inherited from a parent.
Child is not British yet so cannot apply directly for a passport.

Once you have acquired PR (the status, not necessarily the confirmation card) you may apply to register child as a citizen;
section 1(3) of BNA;
form MN1.

[true_007]

Thank you for reply. This what made me confused what does "the status" mean? Will I acquire the status without applying for permanent residence (the card), and thus can apply for child's citizenship once I reach my 5 years employment in the UK?

[twgal]

noajthan, can you please clarify why you think the child doesn't need PR? On the MN1 application form one of the first questions is re ILR/PR status of the child. I understand the child may not need PR to live here, but wouldn't be wise (and/or safer and easier) to try to confirm the child's PR status by listing them as a family member on the parent's application? The effort and cost to do that isn't much - get some school letters, nursery receipts, and pay £65 for the child as well.

this is what the MN1 form says:

1.3 Please say if and when the child was given indefinite leave
to enter/remain in the UK. If the child’s parent is an EEA national,
a Swiss national or a family member of an EEA or Swiss national
you should ensure that they qualify for permanent residence.
Child has indefinite leave to enter/remain in the UK. Date granted

thanks.

[noajthan]

Thank you for reply. This what made me confused what does "the status" mean? Will I acquire the status without applying for permanent residence (the card), and thus can apply for child's citizenship once I reach my 5 years employment in the UK?

Yes, the status is acquired automatically after continuous years of someone exercising treaty rights.
Either you (if you are a Union citizen from EU/EEA) or a Union citizen sponsor if you need/have one.

The 'confirmation of PR' card (DCPR or PRC as case may be) is optional and simply confirms status - it doesn't grant it.

The card is mandatory for those on EU route who wish to naturalise.
But its not a mandatory prerequisite for parents registering their children (although having one can help simply as it is confirmatory).

[noajthan]

noajthan, can you please clarify why you think the child doesn't need PR? On the MN1 application form one of the first questions is re ILR/PR status of the child. I understand the child may not need PR to live here, but wouldn't be wise (and/or safer and easier) to try to confirm the child's PR status by listing them as a family member on the parent's application? The effort and cost to do that isn't much - get some school letters, nursery receipts, and pay £65 for the child as well.

...[/i][/i]

thanks.

No need. You would be wasting £65.
Save it for an adult's PR application.

The MN1 form is generic and also poorly-designed - and sometimes misleading.
It has to cover a lot of different scenarios for minors covered by different sections of BNA.

The MN1 guidance on 1(3) cases is a little clearer but still contains a crucial typo.
(I leave spotting it as an exercise for the interested reader).
Ref https://www.gov.uk/government/uploads/s ... y_2017.pdf

Section 1(3) of BNA is the only source of truth as it is the relevant legislation.

It is clear there that a child fortunate enough to be born in UK is entitled to be registered as a citizen once one parent in settled in UK;
(in EU context, that means acquires PR).

See http://www.legislation.gov.uk/ukpga/1981/61/section/1

[twgal]

Thanks, that makes sense if child was born in the UK.

My case it's a bit different as my child was born outside of the UK - so I happily paid the extra £65 to try and get the child DCPR as well... fingers crossed we get it, the PR application is with UKVI at the moment.

My child's application will be section 3(1) registration at discretion...

[noajthan]

Thanks, that makes sense if child was born in the UK.

My case it's a bit different as my child was born outside of the UK - so I happily paid the extra £65 to try and get the child DCPR as well... fingers crossed we get it, the PR application is with UKVI at the moment.

My child's application will be section 3(1) registration at discretion...

Indeed. Very wise.
Don't mix 1(3) up with 3(1).