EEA came here in '72

[twgal]

Hi,

an older friend of mine is a bit confused with what she needs to do now to ensure she gets PR and possibly later citizenship. She's a EEA citizen and has moved here with her parents in 1972 (before the UK even joined the EU). She has no idea whether she has ILR or PR, there are no documents, no passport stamps and both her parents moved back to their home country after living for a while in the UK. She's married to a Brit and they had 2 children - one British nationality, one just EEA country. She's been self employed for the past 10+ years. Both their children are over 21, older one working, younger one is a student. Both born in the UK. Only the younger one is British (parents were not married when the older child was born).

What's the best course of action for her and for the older child (over 21) who doesn't have PR/BC? I suggested she requests her and her child's info from Home Office to see whether she was granted ILR or PR status at some point. I was also wondering if the "child" has an automatic entitlement to citizenship.

Thanks.

[secret.simon]

parents were not married when the older child was born

I was also wondering if the "child" has an automatic entitlement to citizenship.

Did the parents marry each other subsequently?

If the child was born in the UK, lived in the UK for the first ten years of his/her life with no more than 90 days absence from the UK in each of the ten years, then s/he has a lifelong entitlement to register as a British citizen, using Form T.

The child can also register as a British citizen using Form UKF.

[twgal]

Thanks, they married after their first child was born, and are still married. So only the 2nd child has BC, not the 1st one.

How about the mother, I'm assuming she can apply for PR, but what if she already has ILR and doesn't know?

[Obie]

My question is, were the parents married at anytime after the older one was born?

[twgal]

I feel like I'm misunderstanding the question...

The parents - mother EEA and father British - had the 1st child, then they decided to get married (to each other), then they had their 2nd child. They're still happily married to each other.

[Obie]

It looks like someone had answered that question.

If the child's father s had been exercising treaty rights continuously before the child is born, then the marriage legitimises the child.

[twgal]

The father's child is British born...

[Obie]

Well the child , the older one i mean, may well be a British already, even though he was not at the time he was born, as a result of the marriage.