New baby app 4 non EEA extended family.

[Osafidence]

Please advise all appreciated

Hi all please advice

Apologies if this is not the right place to post it

I am non EEA national my PR was refused due to Solicitor failure to fill my form well and i have right to appeal, which has been filed,my girlfriend gave me a baby boy days back(my girlfriend is an international student)Can i apply for my son british passport? due to i have stayed and gain RC for over 5 years and i have automatic right for PR( according to 2016 EEA regulation 15) though it has not been issued and also i am an Extended EEA family member or is there anyway i can give my child residents and on what basis can i fo that?

Your thought are all welcome and appreciated

[Osafidence]

Please advise....all thoughts and experience are highly needed and appreciated. Thanks

[muraenidae]

Was your baby born in the UK? If yes, and if you held PR the day he was born, he is a British citizen.

If your appeal goes through, you will get a letter which states the date from which you had PR. So make sure to supply evidence for 5 years exercising treaty rights from before your son was born.

[Osafidence]

Was your baby born in the UK? If yes, and if you held PR the day he was born, he is a British citizen.

If your appeal goes through, you will get a letter which states the date from which you had PR. So make sure to supply evidence for 5 years exercising treaty rights from before your son was born.

Thanks for your time, yes my son was born in the Uk and i have 5 years working histroy document which i got from HMRC last year July. Is it possible i do his British passport application with my baby birth certificate my expired RC and 5 years working histroy letter?
Meanwhile my appeal date has not been set which might even take long to get a date

Any advise and thought are highly appreciated.
Thanks all

[muraenidae]

If you are not an EEA citizen yourself, then your own work history is not relevant. If I understand you correctly, you are an extended family member of an EEA citizen who is working in the UK? Who is this family member?

[CR001]

If you are not an EEA citizen yourself, then your own work history is not relevant. If I understand you correctly, you are an extended family member of an EEA citizen who is working in the UK? Who is this family member?

Sponsor is the aunty.

eea-route-applications/pr-application-4 ... l#p1567796

[muraenidae]

If you are not an EEA citizen yourself, then your own work history is not relevant. If I understand you correctly, you are an extended family member of an EEA citizen who is working in the UK? Who is this family member?

Sponsor is the aunty.

eea-route-applications/pr-application-4 ... l#p1567796

Thanks!

Osafidence, it looks like your case for PR is not a straightforward one (I am not sure whether you hold PR, as you were not living with your aunt for some of the time / were not dependant on her).

eea-route-applications/non-eea-passport ... l#p1629429

I am not an expert, but I doubt you will get this recognised for the baby's citizenship in any other way than going through the appeal and obtaining a PR card. In particular, your work history is not proof that you hold PR (it would only be the case if you were an EEA citizen yourself, exercising treaty rights in your own right).

[Osafidence]

I am not an expert, but I doubt you will get this recognised for the baby's citizenship in any other way than going through the appeal and obtaining a PR card. In particular, your work history is not proof that you hold PR (it would only be the case if you were an EEA citizen yourself, exercising treaty rights in your own right).
[/quote]

Thanks for your time and reply
To me its a bit tricky and hard to express, basically my pr has stated counting from last yr....just that it has not been issued

Even some gurus here find it difficult to reply after reading due to answers are no were to be found

There's no harm in trying.....if my appeal date has been set and its far.....i will give it a go and see the outcome.... i will see one or two solicitors if they can advice or experience something like this before.

If anybody still has thoughts or suggestions kindly share.

Bless all and thanks for your time x

[Osafidence]

Good news
My faith worked.....
My son British passport came through.....it wasn't an easy battle between me and passport office.... they wrote me 5 differ letters asking for my PR. I replied them saying i av acquired it under 2016 EEA REG 15 1b, just that it has not been issued. The last letter they asked for my 5 years p60 and NI contributions.Which i provided. My Faith as seen me through. The battle lasted 2 months. My girlfriend can now use our baby to apply on parent route....
Note: i was served with sign on letter and it will start from next week.....my appeal is still ongoing for PR.

[secret.simon]

My son British passport came through.....it wasn't an easy battle between me and passport office.... they wrote me 5 differ letters asking for my PR. I replied them saying i av acquired it under 2016 EEA REG 15 1b, just that it has not been issued.

As mentioned by muraenidae above, it does not seem that you have acquired PR and the Passport office may have issued a British passport in error.

Be aware that a British passport issued in error does not make your son a British citizen and the Passport Office can revoke or refuse to renew the passport. It has happened in the recent past with the British passports issued to children of EEA parents whose WRS status was unclear. The Passport office simply refused to renew the passport for those children when they came up for renewal after five years.

You will need to follow through with your PR appeal and get the PR Card and ideally a letter from the Home Office stating the date of acquisition of PR. Your son will need that letter to prove his citizenship likely for the rest of his life (see the Windrush scandal).

[Osafidence]

My son British passport came through.....it wasn't an easy battle between me and passport office.... they wrote me 5 differ letters asking for my PR. I replied them saying i av acquired it under 2016 EEA REG 15 1b, just that it has not been issued.

As mentioned by muraenidae above, it does not seem that you have acquired PR and the Passport office may have issued a British passport in error.

Be aware that a British passport issued in error does not make your son a British citizen and the Passport Office can revoke or refuse to renew the passport. It has happened in the recent past with the British passports issued to children of EEA parents whole WRS status was unclear. The Passport office simply refused to renew the passport for those children when they came up for renewal after five years.

You will need to follow through with your PR appeal and get the PR Card and ideally a letter from the Home Office stating the date of acquisition of PR. Your son will need that letter to prove his citizenship likely for the rest of his life (see the Windrush scandal).

Thanks for you response..... if that time comes highest my son would go through Naturalization if they refuse to renew or revoke his British passport. But for now am happy for that of my girl because we don't have money for her to pay another international student tuition fee of £11,500..... for next five years she's sorted..... and i will be sorted too before then.