How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6395
Experience:  BA (Hons), PgDip, Practising Solicitor
28732269
Type Your UK Immigration Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

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: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 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 3 years ago.

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

 

thanks,

Sylwia

Expert:  Thomas replied 3 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 3 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 3 years ago.
You have applied for and obtained permanent residence, correct?

Tom
Customer: replied 3 years ago.

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

Expert:  Thomas replied 3 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
Thomas, Solicitor
Satisfied Customers: 6395
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
< Last | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    793
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    782
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/AMARHAYAT/2009-12-11_31638_phpZxJuBB_c2PM.jpg A Hayat's Avatar

    A Hayat

    Immigration Solicitor

    Satisfied Customers:

    205
    13 years specialist skill in UK Immigration & Nationality Law
  • http://ww2.justanswer.com/uploads/paulrichmond1/2010-05-29_112318_PaulRichmond.jpg Paul Richmond's Avatar

    Paul Richmond

    Barrister

    Satisfied Customers:

    114
    LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
  • http://ww2.justanswer.com/uploads/AW/AwanLegal/2011-6-16_113818_DSC00284.64x64.JPG Awan-Legal's Avatar

    Awan-Legal

    Solicitor

    Satisfied Customers:

    95
    Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
  • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg John Knox's Avatar

    John Knox

    Solicitor

    Satisfied Customers:

    19
    solicitor with 8 years experience