Evidence of parent's settled status to register child as a British citizen

[DavidC]

Hi,

My wife and I are both EEA nationals.
I have been continuously working in the UK (exercising treaty rights) since August 2006.

I would like to register my child born in the UK in 2010 as a British citizen, under section 1(3). I am currently filling out form MN1 and have a few doubts about specific questions:

1.3. If and when the child was given indefinite leave to remain.
I'm assuming no, correct ? I have no certificate of any kind.
Or is ILR granted automatically (implicitly) somehow ?

1.27 Date father became settled in the UK.
My answer so far is "August 2011" i.e. after exercising treaty rights continuously for 5 years.
Is this answer acceptable ? Or is the question more specific and is it asking whether I have explicitly acquired Permanent Residence (I haven't) ?
In other words, are my P60s accepted pieces of evidence for my "settled status in August 2011" or would a Permanent Residence certificate be expected (I don't have one, as of today) ?

1.36 Date mother became settled in the UK.
My wife hasn't been working continuously, she has had a few interruptions due to being made redundant. Also longer interruptions due to maternity leave.
Are these interruptions sufficient to stop her from becoming settled ? Or did she become settled at the same time as me ?
I appreciate that it's sufficient for only one parent to have settled in order to register a child under section 1(3) but nonetheless I would like to give the correct answer to question 1.36, regarding the status of the mother...

In general, which documents would I need to provide ?
If my understanding is correct, I would only need:
* child's full birth certificate
* parent's marriage certificate
* father's P60 to support the settled status
Is that all really ?

Thanks in advance for your help !

[DavidC]

A couple of additional details about my case:

• Parents are not applying for anything (ILR, British citizenship, etc..) simultaneously with the child's registration as British citizen
• A younger sibling (born in 2010) automatically acquired British nationality and already has a passport, etc...

In general, which documents would I need to provide ?
If my understanding is correct, I would only need:
* child's full birth certificate
* parent's marriage certificate
* father's P60 to support the settled status
Is that all really ?

If I trust http://www.wandsworth.gov.uk/info/20051 ... vice_ncs/4, the section "EEA children born in the UK" mentions in the list of required documents:

• Proof that one parent has Permanent Residence Status/Indefinite Leave to Remain;
• or Evidence that one parent has exercised treaty rights in the UK for 5 years

So it sounds as though a Permanent Resident is not required, and that P60s are good enough...
This would also be in line with that I've found in british-citizenship/mn1-for-a-child-bor ... l#p1528089

acquisition of Permanent Resident status would be automatic under the EEA Regulations, as long as the requirements are met. A PR Card (Document Certifying Permanent Residence, DCPR for short) is only evidence of Permanent Resident status, not the status itself.

Any suggestions as to the answers I should give in 1.3, 1.27 and 1.36 though ?

[DavidC]

A younger sibling (born in 2010) automatically acquired British nationality

Wrong kid !! That one was born in 2013... I'm really the dad though !

[secret.simon]

I'd suggest that the best way forward would be to
a) Apply for a DCPR for yourself with evidence from August 2006 to 2011 (continuous payslips & P60s) and proof that you have resided in the UK since then ( a payslip every six months, bank statements, etc).
b) Send the DCPR as proof of permanent residence when applying for registration for your son born in 2010.

[DavidC]

Out of curiosity, I tried the MN1 online application (which I'm not planning to submit eventually, as I prefer the paper option in combination with the Nationality Checking Service to get my documents back)

It seems the key is to give the right answer to the question "Can you provide a document to certify you parent's permanent residence". I initially said "yes", thinking about my P60s. However it seems the question is implicitly asking whether a DCPR can be provided (perhaps the question should be more specific about DPCR or ILR).
When anwering "no" to that question, an additional question about exercising treaty right follows:

Parent's immigration status

Are you relying on your parent's permanent residence (either as an EEA National or the family member of an EEA National) as evidence of their settled status in the United Kingdom?
Yes

Can you provide a document to certify you parent's permanent residence?
No

Has your parent exercised their treaty rights in the UK and acquired permanent residence?
Yes

The online application then goes on to ask details of employment and/or self employment to support the exercised treaty rights.

Ultimately, when the application is complete, P60s (or similar documents, see below) are clearly stated in the list of accepted documents:

Mandatory documents

Letters from employers confirming your dates of employment; salary or wage slips; P60 tax certificates; statements from HM Revenue & Customs confirming the dates of payment of tax and National Insurance contributions; letters from the Department for Work and Pensions confirming the dates of receipt of Job Seeker's Allowance, Incapacity Benefit, Child Benefit etc; workplace pension statements; letters from schools, colleges, universities or other public or private establishments confirming enrolment on a course of study or vocational training and your dates of attendance; your policy confirming sickness insurance against all risks for yourself and any accompanying family members in the UK.

[alvaroH]

Hi David,

I'm in a similar situation and I wonder if the P60s were accepted as evidence that parent has been exercising their treaty rights in the UK and acquired permanent residence?

Thanks