Child Born in UK in 2017 before Parents got ILR in 2017

[Meskete]

Hi, Can anyone help me with this?
My husband and I have been living in the UK for 6 years now (from 2011). We are both European citizens from the same country. (Hungary) We applied for PR 2 months ago. Our son was born in the UK, in 2015. As you can see at the time our son was born we did not have ILR yet, as it was only 4 years. I got an e-mail from the caseworker who deals with our application that our son is not eligible for PR card yet as he is not yet 5 years old. I was told that I should wait for his 5th birthday and apply for PR card in the future. This time he could have Registration Certificate only. Our plan is to apply for British citizenship after getting PR card, but Registration Certificate is not eligible, I was told. However we, the parents will get PR card soon I still have to wait for my son 5th Birthday and I have to apply for PR card on behalf of my son. This was told by the caseworker. I thought that after the parents have ILR and PR card, child who was born in the UK (before parents had ILR) is eligible to apply for British citizenship. I was told it is not correct. Can anyone help me with this?

[vinny]

After a parent acquires PR, the UK-born child is entitled to register.

[Meskete]

Thanks for the quick response. Does this mean that the caseworker was wrong? I asked him twice just to double check and he kept saying that we should wait for my son 5th Birthday to apply for PR card THEN apply for nationality. And the fact we, the parents will have PR card will have NO effect on his application for PR card nor nationality.

[vinny]

He is wrong. His answer is inconsistent with the British Nationality Act, Section 1(3).

[usama77]

For UK born child there is no requirement of PR

[vinny]

For UK born child there is no requirement of PR

For a UK born child's registration, it is sufficient for a parent to have PR. There is no requirement for child's PR.

[Meskete]

Thank you guys for your help. It is unbelievable that people working there don’t know the law and they deal with our application with giving false information.

[Casa]

Thank you guys for your help. It is unbelievable that people working there don’t know the law and they deal with our application with giving false information.

If you called the UKVI 'help line' I believe this service is outsourced to an agency, employing staff with a very poor knowledge of the Immigration Rules.

[Meskete]

Thank you guys for your help. It is unbelievable that people working there don’t know the law and they deal with our application with giving false information.

If you called the UKVI 'help line' I believe this service is outsourced to an agency, employing staff with a very poor knowledge of the Immigration Rules.

I'll do and would have done it anyway just wanted to get information from others while I wait for our PR card.