Permanent residency for EU citizen expecting UK baby?

[martinbb]

Hi,

I am a EU-citizen (French) who spent 2008-2015, 7.5years in the UK and I have only been out for the last two years with regular revisits to the UK during this time. I am back permanently now. I'm expecting a child, early next year with my European partner who's been here for as long as me. I'm not sure if I need to do anything so that our child can become a citizen. Do we have "an automatic permanent residency status" or are we required to act through an application process? I have read somewhere that all Europeans are asked to wait to apply for permanent residencies through a specific system coming later. What would you advise me now that we are planing to stay and have a family here?

Thanks a lot for your help and tips!

[Richard W]

Do we have "an automatic permanent residency status" or are we required to act through an application process? I have read somewhere that all Europeans are asked to wait to apply for permanent residencies through a specific system coming later.

If you have qualified for permanent residence under the EEA Regulations, it is automatic and your child, if born in the UK, will automatically be British (unless you, the father or your husband are a diplomat at the time). What will happen is that permanent residence under the EEA Regulations will become meaningless by the end of 2021. You will have to register to preserve most of that right.

It may make if easier in the future for your child to assert British nationality if you do apply for a Document Certifying Permanent Residence before the child is born.

[AdInfernos]

I am a EU-citizen (French) who spent 2008-2015, 7.5years in the UK and I have only been out for the last two years with regular revisits to the UK during this time. I am back permanently now. I'm expecting a child, early next year with my European partner who's been here for as long as me. I'm not sure if I need to do anything so that our child can become a citizen. Do we have "an automatic permanent residency status" or are we required to act through an application process? I have read somewhere that all Europeans are asked to wait to apply for permanent residencies through a specific system coming later. What would you advise me now that we are planing to stay and have a family here?

You should apply for a document certifying permanent residence based on your exercise of treaty rights in any 5 years between 2007 and 2015. Only issue here is that you lose permanent resident status if you leave the UK for 2 years after obtaining PR.

What is the exact length of the period you have lived outside the UK after 2015? Or in other words, what is the date of the most recent document from 2015 which you can use as proof of residence and what is the date of the earliest document from 2017 showing that you have resumed residence? If the gap between those dates is greater than two years it may be fatal.

However, if your PR status is confirmed, your child will be British at birth.

[Aris]

Hello,
I have a similar question so I am posting it here instead of making a new thread, hope that this is alright. I am an EU citizen (from Greece) and I moved in the UK in November 2011 to study for a pHd five years after that (Nov 2015) I started working in the UK till now. My wife moved in the UK in Nov 2010 to start a phd as well with a student visa (see is a Brazilian citizen), since feb 2014 she started working and obtained a working visa. We have both never left the country for more than 180 days in any given year.
We are now expecting a baby that is due in May 2018. From my understanding, in order for the baby to get a British passport, at least one of us would need to have permanent residency or a right to settle at the moment the baby is born. We have been living in the UK for more than 5 years (combined studying and working) but since during our studies we haven't been contributing to a "comprehensive sickness insurance", since the NHS would offer us treatment, we do not seem ready to apply for permanent residency. In the application for settled status none of the categories seem to describe my situation. There is lots of information about what is planned to happen after 2019 but it is not very clear what is the situation currently. I understand that we will anyway need to do the new process for EU citizens in the end of 2018 but is there a way our baby obtains a British passport in the meantime?
Thanks for any response!

[tmonaghan]

"Comprehensive sickness insurance evidence" will not be required from EU Citizens post Brexit AND during the transition period to apply for permanent residency in the UK. Even though you needed one before to be a qualified person as a self-sufficient, and a Student or and between jobs... If you applied before the departure from the EU , a"comprehensive sickness insurance evidence" will be required in this instance.

[Aris]

Hi and thanks for the reply.
I am interested in applying now (Jan 2018). Are we in the transition period at the moment?
In the guidelines for the supporting documents needed for applying for permanent residency it still mentions the need for showing "Comprehensive sickness insurance evidence" for the time you have been a student while living in the UK.
I guess things will clear out towards the end of the year when the scheme for EU citizens to apply to stay in the UK will be ready but I was interested for this period in between because we were planning of travelling with our baby over the summer.