First British passport application, born in UK in 1990s to EU citizen mother

[ToniMCL]

Hello!

I am currently in the process of researching whether I automatically acquired British citizenship by birth and how to apply for a first British passport. I apologize if a similar query has already been posted on the board, I couldn't find any topic that detailed a situation similar to mine.

I was born to a British father and EU citizen in the UK in the 1990s. My parents were never married, so it seems to me that my claim to British citizenship would be through the settlement status of my mother.

I have read through the guide for applying for a UK passport from abroad and among the supporting documents required is a "non-British passport showing indefinite leave to remain at the time of your birth (this can be a current or expired passport)" for one of my parents. As my mother is an EU citizen wouldn't her EU passport be enough proof of her having indefinite leave to remain? Or would she, despite automatically being settled in the UK thanks to her status as EU citizen, need to have a stamp granting ILR in her passport? She lived and worked in the UK for a decade prior to my birth, so would P60 forms or similar documents be accepted as evidence instead of a passport with ILR stamp?

I'd be thankful for any insight you might be able to provide!

[CR001]

EU citizens are not automatically settled in the UK so no a passport alone isn't sufficient. Only Irish citizens have this privilege of settled from day one of arrival.

What nationality is your mother??

Does she have ILR or PR in her passport or a card from back then?

[ToniMCL]

From what I gathered, prior to 2000, EU citizens were deemed as 'settled' automatically if they were 'exercising treaty rights' in the UK. I must have misunderstood that.

My mother is German.

I'm still waiting for an update from her regarding the question of her having an ILR/PR or card from that time. However, I'm currently assuming that she does not.

[secret.simon]

As you were born to a British father who was not married to your mother, you can also get registered as a British citizen on Form UKF. Of course, in that case, your British citizenship would only start from the date of the registration certificate, which may have an impact on any children already born to you.

3.2 Children born before 02 October 2000
Request evidence that the parent(s) were exercising Treaty rights at the time of the child’s birth. The documentary evidence required to show that the parent(s) were exercising Treaty rights at the time of the child’s birth should be the following:

 passport showing a residence permit, Indefinite Leave to Remain or Enter (ILR/ILE) or No Time Limit (NTL) stamp dated before the child’s birth; or
 a Residence Permit or Residence Card granted before the child’s birth; or
 a letter from the United Kingdom Visas & Immigration, (UKV&I), confirming exercise of Treaty rights at the time of the child’s birth or;
 a statement from the HM Revenue and Customs (HMRC) showing yearly totals of credited National Insurance at the time of the child’s birth; or
 a statement from HMRC confirming tax returns at the time of the child’s birth; or
 a letter from an employer and some other documents showing evidence of employment at the time of the child’s birth see paragraphs 3.3 & 3.4 below for details of other documents.

3.3 Where the evidence submitted of exercising Treaty Rights is only a letter from an employer or an employment contract, additional evidence should be requested in the form of payslips, P60, or bank statements to confirm that the parent is employed by the company. For Swiss nationals, make sure that the employer’s letter is not from a Swiss registered company which are exempt from the provisions of this treaty.

[ToniMCL]

I had thought about registering as a British citizen through the form UKF, but thought it would be unnecessary, if my mother's status already gave me automatic citizenship. Of course, if this passport application is denied on the grounds of my mother's status I will proceed with registering through the UKF form.

Thank you for providing that link listing the necessary documentation! It does seem like they accept a wider range of evidence of settled status than I had previously thought. I believe we will be able to acquire one of those kinds of documents recquired.

Thank you both so much for your help!