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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7478
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am EEA national but not UK citizen and I have been working

Resolved Question:

I am EEA national but not UK citizen and I have been working in the UK since 2005. Are my children born in the UK in 2008 and 2011 granted British citizenship automatically?
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 5 years ago.
Hi
Thanks for your question.
To enable me to answer your question could you please respond to the following using the same numbering:-
1. What nationality is there father please?
Kind regards.
Tom
Customer: replied 5 years ago.

I am Polish and father of my children is Polish as well.

 

thanks,

Sylwia

Expert:  Thomas replied 5 years ago.
Hi,

Thanks for your question.

Your children do not automatically become UK citizens. You can register them as UK citizen if they spend the first ten years of their life here (s1(4) British Nationality Act 1981 or if you become “settled” in the UK.

Settled means either you are here free from immigration time restrictions, which you are not presently. For EEA member state nationals this is called Permanent Residence. Having EEA rights without PR does not entitle EEA nationals to permanently reside in the UK, it just entitles them to remain here whilst exercising EEA rights (ie. working).

Once you have completed 5 years in the UK without being outside the UK for more than 90 days in any 12 month period then you can apply for permanent residence to confirm your right to permanently remain in the UK:-
http://www.ukba.homeoffice.gov.uk/eucitizens/documents-eea-nationals/

You will have to apply using the UKBA’s form EEA3, the form and supporting information is available on this link:-
http://www.ukba.homeoffice.gov.uk/eucitizens/documents-eea-nationals/applying/

Once you have receive PR you will be able to register the children as UK citizens under s1(3) BNA 1981. They will then be able to apply for a UK passport.

12 months after receiving PR you yourself will be able to apply for UK citizenship provided you meet the eligibility requirements on the following page:-
http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/naturalisation/standardrequirements/

The form you will require to apply is on this page together with links to further guidance on the specific eligibility requirements:-
http://www.ukba.homeoffice.gov.uk/britishcitizenship/applying/applicationtypes/naturalisation/

Once you have naturalised you will be free to apply for a UK passport.

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question. You will not be charged any further money for clicking accept.

I will answer your follow up questions you may have.

Kind regards,


Tom
Customer: replied 5 years ago.
I have completed 5 years in the UK without being outside for more than 90 days in any 12 months and have got permanent residence? does it make any difference
Expert:  Thomas replied 5 years ago.
You have applied for and obtained permanent residence, correct?

Tom
Customer: replied 5 years ago.

Yes but it was less than 5 years of my residence in the UK.

Expert:  Thomas replied 5 years ago.
In order to apply for PR an EEA national must have been in the UK for 5 years, so I can't say for certain if you have obtained PR.

You would have had to applied on with the document from the link above.

If you have got PR then you will be able to register your children as UK citizens, please see this page for confirmation:-
http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/children/britishcitizen/borninuk/

See the first heading in the above link.

Trust this clarifies, please click accept.

Kind regards,

Tom
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