PR for EEA children <5 years, British parent

[mmumpitz]

Hi,

I have German nationality, my wife's originally Argentine, since last year British, we've been in the UK for ~9 years. Our two kids are 4 and 2 years old and both have German nationality only.

Given uncertainty around Brexit, I'd like to apply for Permanent Residency for us.

I'm aware of the process for myself but how do I apply for our children, given that they've obviously not been in the UK for 5 years yet and also don't work? Does my wife being British now open-up another route to PR for them?

Thanks!

[twgal]

I'm not a lawyer but the children have an automatic entitlement to British citizenship if they were born in the UK and if you acquired PR status* by the time they were born. Or if your wife acquired ILR before they were born.

So if you can, submit documentation for your PR application for all 9 years showing you were exercising treaty rights as EU...

(*I'm not talking about the date when you get your PR document, I'm talking about the date when you acquired PR status)

[mmumpitz]

Very helpful, thanks for this!

This should cover our younger child, who was born after I acquired PR status and after my wife acquired her ILR. So we could use the normal naturalization application for him based on my wife's ILR?

Unfortunately, my older child was born when I was ~4.9 years resident (and only 2.9 years continuously, since we took a 6 months absence in between - though being continuously employed). Can we acquire permanent residency for him?
- ~4.3 years of age
- born in the UK
- mother British since 5 months, ILR since 2.5 years
- father German, continuously employed in UK for 9.2 years, continuously resident for 7.2 years

Many thanks!

[mmumpitz]

Ok, after some more reading, I think I solved it myself:

- My 2yr old child is already a British Citizen (who knew...) based on being born in the UK after my wife acquired ILR. No registration necessary! I guess we should apply for a British passport to have something documented?
- My 4yr old child can apply for registration as British Citizen under Section 1(3) of the British Nationality act using form MN1, based on being born in the UK and my wife becoming British afterwards.
- I can apply for PR based on being in the UK for 9 years, 7 of which I was in the country for more than 6 months each single year and employed.

Thanks all!