EEA child passport application

[immbilaal]

Hello,
Can i get some advice please on applying for a British passport for a child?
Child born in 2013 from a French mother and a Moroccan father. Child got French nationality/passport.
The mother has had ILR in Feb 2017 and full British nationality and British passport in June 2018.
The process for the child's nationality seems to be that one of of the parents must have been exercising the treaty right 5 years prior the birth which in this situation is not the case.
For the child to get the British passport, does the child first need to apply for citizenship?
Many thanks

[alterhase58]

I don't think a British citizen (your wife) can apply for child's passport invoking EU treaty rights.
Wife could have applied together with child (for which MN1 registration is required).
Other members could perhaps throw more light on this case.

[Richard W]

If the child was born in the UK, then the child has a right to be registered as British.

If the child was not born in the UK, then the registration is at the Home Secretary's discretion, and decision will depend on the father's immigration status. What is the father's immigration status? If the mother had PR in her own right via the EEA Regulations rather than ILR, the father may also have PR.

There is no reason to believe that the child is already British.

[immbilaal]

Thank you both.
Indeed the mother did not apply for the child using MN1 and this i think was a mistake.
As for the child, the country of birth is the UK.
The father is not yet british.
Is the best way then to apply for the child's citizenship through MN1 and the for the passeport?

[immbilaal]

Also, i have just red on other discussion on this forum that it is a pre-requisite that the child is "settled" ie with PR.
Can you please assist in explaining the procedure for the child to have permanent residency before the application is made for MN1?
Thank you very much

[Richard W]

As for the child, the country of birth is the UK.
The father is not yet british.
Is the best way then to apply for the child's citizenship through MN1 and the for the passeport?

As the child was born in the UK and the mother is now British, the child has a right (BNA Section 1(3)) to be registered as British, regardless of whether it is settled or indeed lives in the UK. The form to use is MN1.

[immbilaal]

Thank you so much for your prompt answer.
Sorry to be a pain but i just done the simulation for MN1 online and at the point of list of document required, i see that there is a mention for PR document for the child.
Is this a requirement then or just there as an additional document to support the case?
Also, even if i wanted to apply for PR for the child i so not know which form would be adequate for his age since he is neither a student nor working.
Many thanks in advance for your response.

[Richard W]

Sorry to be a pain but i just done the simulation for MN1 online and at the point of list of document required, i see that there is a mention for PR document for the child.
Is this a requirement then or just there as an additional document to support the case?

It is irrelevant for registration under Section 1(3). It would be relevant for an application under Section 3(1). A PRC or DCPR would be relevant for a *parent* when applying under Section 1(3), but is superseded by the mother's naturalisation certificate.

Also, even if i wanted to apply for PR for the child i so not know which form would be adequate for his age since he is neither a student nor working.

If the child has reached the age of 5, it will have acquired PR as the family member of someone who is variously a 'qualified person' and an EEA national with permanent residence. (The mother's naturalisation has no adverse effect, due to the Lounes judgement, which will be explicitly included in the EEA Regulations from 24 July. If the child has not reached the age of 5, it will not have PR.