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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6296
Experience:  BA (Hons), PgDip, Practising Solicitor
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hello, our children were born in UK (2007, 2008,2010,2012)

Resolved Question:

hello,
our children were born in UK (2007, 2008,2010,2012) my husband has got British nationality since November 2010, I am Polish. What nationality are they? Are we able to apply for british passports for them?
Thank you
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi,

What nationality is the father of the children?

Have you applied for Permanent Residence if you have lived in the UK for 5 years?

Tom
Customer: replied 1 year ago.

father has got british nationality since November 2010, and british passport since January 2011.


No, I have never applied for Permament Residence, even I've been living in Uk since 2005.


Justyna

Expert:  Thomas replied 1 year ago.
Hi Justyna

What is the date of birth of the child born in 2010 please?

Tom
Customer: replied 1 year ago.

before that, I'am affraid. 07.06.2010

Expert:  Thomas replied 1 year ago.
Ok.

What date did the father obtain Permanent Residence please?

Tom
Customer: replied 1 year ago.

15.07.2008

Expert:  Thomas replied 1 year ago.
Thanks. Question before I am able to answer:-

What is the date of birth of the child born in 2008>?

Tom
Customer: replied 1 year ago.

21.09.2008

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

The child born in 2010 & 2012 will automatically be a UK citizen because one of the parent’s was a settled in the UK at the time of their births, having permanent residence is regarded as being settled for the purpose of the application of these rules. They can simply apply for a UK passport without first having to register as a UK citizen.

The other children were born before one of the parents were settled in the UK (ie. Before one of the parents had PR) so therefore they are entitled to UK citizenship because one of their parents is settled in the UK, however they will have to apply to register as UK citizens.

You can apply to have the children registered here:-
http://www.ukba.homeoffice.gov.uk/britishcitizenship/applying/applicationtypes/childregisteringasbritishcitizen/

Passport application in respect of the other children here:-
http://www.homeoffice.gov.uk/agencies-public-bodies/ips/passports/

Presumably, if you are both Polish they also qualify for Polish citizenship as well.



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Kind regards,


Tom
Customer: replied 1 year ago.

thank you very much Tom, but we still not clear about child born on 21.09.2008. He was born after my husband obtain Permament Residence and you asked for his date of birth.


Justyna

Expert:  Thomas replied 1 year ago.
Hi Justyna,

Sorry I must have read the dates wrong. If the 2008 child was born after he obtained PR then the 2008 child will be be able to apply for a passport straightaway because they are regarded as automatically being a UK citzen in the same way that the 2010/2012 children are.

Apologies!

Please remember to rate my answer.

Tom
Thomas, Solicitor
Satisfied Customers: 6296
Experience: BA (Hons), PgDip, Practising Solicitor
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