Child Born Abroad British Passpor or PR first -

[Claynan]

A CHILD COME TO UK IN 2005 (5 YEARS AND 3 MONTHS), HER FIRST SCHOOL WAS IN UK AND SHE GREW UP HERE. NOW SHE IS BEING IN UK FOR 12 YEARS, ATTENDING SCHOOL, NEVER TRAVELLED AWAY FROM UK. SHE GETS CHILD TAX CREDIT AND CHILD BENEFIT. SHE HAS BRAZILIAN AND ITALIAN PASSPORT,BUT HER PARENTS NEVER PAID TAX. ACTUALLY, RECENTLY HER MOTHER STARTED SELF EMPLOYER IN 2009 , AND AS EMPLOYER IN 2016, BUT NEVER PAID TAX AS SELF EMPLOYER.FROM 2016 SHE STARTED TO PAY MINIMAL AS EMPLOYER.

THE QUESTION IS: THE CHILD WAS NOT BORN IN UK, ARRIVED WITH 5 YEARS OLD AND IS HERE AROUND 12 YEARS. THE PARENTS CAN APPLY FOR HER BRITISH PASSPORT BASED ON 10 YEARS RULE EVEN THOUGH HER FIRST 5 YEARS WAS IN BRAZIL?

[secret.simon]

No.

The 10 year rule requires that she be born in the UK and that she have spent no more than 90 days in each of the first 10 years of her life outside the UK. She fails on both counts.

I presume that the child will be 17-18 years of age now. Does she have an Italian parent? How has the Italian parent (if any) been exercising treaty rights in the UK so far (give the entire immigration history of the Italian parent)? Does the child have Comprehensive Sickness Insurance (private health insurance)?

[Claynan]

She is 17 now, and has Italian passport.Her mummy is Italian and started work since 2009, but never paid tax.Always in minimum salary.The child does not have comprehensive sickness insurance, but has European health card.
Mummy since 2009 has been working but not paying tax. Mummy does not have permanent residence card though she has been living in UK for 12 years and dad is applying for his family visa.But it is in court at the moment as it was refused 3 times due to lack of documentation. The last solicitor just forwarded their case to court.

Can the child apply for permanent residence for her own without the interference of her parents, as she is studying in UK? and after one year she can apply for naturalisation?

[secret.simon]

Can the child apply for permanent residence for her own without the interference of her parents, as she is studying in UK?

Yes, if she had a non-UK EHIC Card covering five continuous years of her studies.

[Claynan]

thank you. which documentation should be enclosed?

[secret.simon]

As this is now a query about a PR application, can the mods move it to the correct forum?

[CR001]

As this is now a query about a PR application, can the mods move it to the correct forum?

Moved and topic heading amended.