EEA3 application kids

[Nimitta]

I am helping my friends with filling out the EEA3 application form.

Husband, wife, two kids - all four are EEA citizens, but they would like to apply for BC. So, applying for the permanent residence seems a logical choice.

As far as I understood, both of them should submit separate EEA3 forms and the kids (14 and 16 years old) should be included in a parent form. Is that right?

Do they have to submit a proof that children has been living in the UK for 5 years (they have been living in the UK for more than 6 years)?

[Jambo]

Kids should be part of the parents form. Evidence of 5 years residence is required - letters from school or GP should do the trick.

The kids don't need to have PR for BC. It's the parents PR that counts although the children will need to show they have been living in the UK for more than 2 years (I assume the kids were not born in the UK).

[Jambo]

One form for all family members is enough. One parent and kids in the family in section 2 of the form. One parent (the one exercising treaty rights) in section 1. No need to fill in section 3.

[Nimitta]

The kids don't need to have PR for BC. It's the parents PR that counts although the children will need to show they have been living in the UK for more than 2 years (I assume the kids were not born in the UK).

Thank you Jambo! You are right in assuming that the kids were born outside of the UK. So, kids of naturalized EU citizens have a special procedure for applying for the BC, don't they? How it happens? Do they apply when they come of age?

One form for all family members is enough. One parent and kids in the family in section 2 of the form. One parent (the one exercising treaty rights) in section 1. No need to fill in section 3.

Ok. What about another parent if both parents are exercising the treaty rights and both of them want to apply for BC? The section 6 ("Details about exercising treaty rights") is supposed to be filled out by one applicant. In what section the other parent give an account of working in the UK?

[Jambo]

Thank you Jambo! You are right in assuming that the kids were born outside of the UK. So, kids of naturalized EU citizens have a special procedure for applying for the BC, don't they? How it happens? Do they apply when they come of age?

This has nothing to do with their EU citizenship. Same rules apply to all children. Children apply for Registration as BC (similar outcome as naturalisation but the requirements are simpler). There is no requirement to hold PR/ILR status for children. The requirement only exists for adults. As they were born outside the UK, they can apply when their parents apply for naturalisation and the application is at discretion under section 3(1) of BNA. See more - FAQ - most common questions - Children.

Ok. What about another parent if both parents are exercising the treaty rights and both of them want to apply for BC? The section 6 ("Details about exercising treaty rights") is supposed to be filled out by one applicant. In what section the other parent give an account of working in the UK?

No need for the other parent to show employment. That parent can rely on the other parent treaty rights to confirm the PR. Only one person in the family exercising treaty rights is enough. For BC, the rules are the same. There is no need for both parents to exercise treaty rights.

[Nimitta]

As they were born outside the UK, they can apply when their parents apply for naturalisation and the application is at discretion under section 3(1) of BNA. See more - FAQ - most common questions - Children.

Thank you very much. It is a very useful link. However, in the answer to the question 2 (most common questions - Children) it is mentioned that children above 16 are likely to get refused and should apply as adults. I am not sure if it applies to all cases of registering children or just to some of them (the question 2 was actually about registering children who has been away from the UK).

I get it that the closer a child is to the majority the more scrutiny should be expected from the caseworker evaluating the child's good character. One of my friend's children will turn 16 in a couple of weeks. Does that mean that despite of his being of a "good character" (according to the Annex D chapter 18 that explains the term), his registration application could be refused because he is 16?

[Jambo]

I should change the wording in the FAQ to make it clear. Children who arrived to the UK over 16 are likely to get refused as they haven't been living in the UK long enough to establish connection to the country. I don't see any issue with the 16 yo in your case as he/she has been living here for the past 6 years.

[Obie]

Kids should be part of the parents form. Evidence of 5 years residence is required - letters from school or GP should do the trick.

The kids don't need to have PR for BC. It's the parents PR that counts although the children will need to show they have been living in the UK for more than 2 years (I assume the kids were not born in the UK).

Is there any Statutory basis for the two years.

Please note that Section 3(1) which i believe will apply in this case is discretionary.

[Nimitta]

I should change the wording in the FAQ to make it clear. Children who arrived to the UK over 16 are likely to get refused as they haven't been living in the UK long enough to establish connection to the country. I don't see any issue with the 16 yo in your case as he/she has been living here for the past 6 years.

Jambo, thank you very much for your help. Now it is clear.

[Jambo]

Is there any Statutory basis for the two years.

Please note that Section 3(1) which i believe will apply in this case is discretionary.

There are no statutory residence requirements for children. The 2 years (for children over 13) are part of the caseworkers' instructions when considering discretion. I could probably have phrased my answer more accurate ("The HO expects the child to reside" rather than "need to reside"). There are exceptions to the 2 years but as this is an application at discretion, the HO would like to see a connection to the UK and that the child future lies in the country.

In the case here, this is not an issue as the children have spent a large part of their life in the UK.

[Obie]

Thanks for clearing that Jambo. I am sure if i had read your post i would have noticed the caseworker instruction you cited. Silly me. It seems pretty interesting this two years requirement, i will try not to dive into it, as it is purely academic to OP 's case.

[Nimitta]

One form for all family members is enough. One parent and kids in the family in section 2 of the form. One parent (the one exercising treaty rights) in section 1. No need to fill in section 3.

Jambo, what should happen with the one who does not exercise the treaty rights? Does she/he get the PR too?

[EUsmileWEallsmile]

The answer would be yes.

[EUsmileWEallsmile]

Maybe, it would have been better giving an example:

Let's say a mother was the main EEA applicant and worked for 5-years. She qualifies for PR in her own right. Her non-working husband, her children under 21 who lived with her would also achieve PR. The children would have had to be 16 or younger when the mother came to the UK. Children over 21 would also qualify provided that they were dependent on the mother after 21.