UK Immigration Law
Ask an UK Immigration Law Question, Get an Answer ASAP!
thanks for this. Could you please advice on how I should certify our permanent residence status exactly? Is there some form I should apply to? Where do I find it?
So do we become 'settled' 5 years after we first started studying or working in the UK? In our case, that would be 5 years after September 2007, when we started out M.Sc. course in a UK university. Is that correct?
So if I understand the child is not automatically entitled to citizenship but I will need to apply through this form and pay relevant fees of £653?
Also could you please confirm that a potential triple citizenship is possible in this case?
is the child AUTOMATICALLY a british citizen or should I complete the MN1 form and pay the relevant fees in order to apply for it? Of course, after I obtain documents certifying we are permanent residents or settled.
Could you finally comment on the possibility of a triple citizenships?
Could you please also specify whether I need to apply for a registration certificate (form EEA1) or for a permanent residence certificate (form EEA3)?
Hi, after I apply for a Permanent Residence using EEA3, I would really like to understand whether it is necessary for the child to apply for a British Nationality using the MN1 form or is he AUTOMATICALLY entitled to the nationality (without application)?
You see, the difference between applying with the MN1 form and not formally applying is a fee of almost £700, so if I can avoid this, I would gladly do so... Could you please clarify this crucial point?
I was not British citizen when I was born but was not I 'settled'?
I quote again:
I read in the MN1 form guide that 'a child born in the UK to parents one or both of whom are... settled in he UK at the time the child is born... is AUTOMATICALLY a British citizen otherwise than by descent and DOES NOT NEED to be registered'; and that 'to be settled, the parent(s) must be free from immigration conditions, which I think we are...
Yes we first came to this country exercising EEA rights (study and work) in September 2007, which would mean that in July 2013 (when he was born) it was nearly 6 years after. So he should be AUTOMATICALLY a British citizen should he not? And I don't need to spend nearly £700 for an application to register him, if I understand?
OK So let me get this straight. Now I do the following:
1) application for a document certifying permanent residence (EEA3) for myself and my wife. Should I include my baby son as well here (in section 2 - family member to include in your application)?
2) after, I do not need to apply to register my son through from MN1 (spending nearly £700), but I should ask directly for the issuing of a British passport for him. Is this correct? How do I do this? Is there any forms or web addresses?
When I apply for his passport, I will make sure to include the declaration that we all were settled (i.e. were living here for more than 5 years) when my child was born, and remind them of the law which makes my son AUTOMATICALLY a British citizen. Is this correct?
But apart from the passport should he not be included now in some official registry of British citizens? How do you do this?
I registered him as born in the UK and I was given a birth certificate but at the time the registrar told me that only if one of the two parents was British he could have got a British citizenship. How can I check that he has been registered as holder of a British citizenship? or will he obtain a citizenship only when he gets a British passport?
Also, in the link you suggested, there is a long list of possible evidences
they require in order to prove the child has automatic british citizenship. I am not sure I get what they mean by all of this...
• Passport showing ILR/ILE, NTL, Document Certifying Permanent Residence or Permanent Residence Card issued before the child’s birth; or• Letter from UKBA showing that the parent(s) had ILR/ILE or NTL in the UK before the child’s birth; or• Passport/document showing a Residence Permit, Residence Card or Registration Certificate issued five years before the child’s birth and a letter confirming that the parent(s) were not receiving benefits or any of the following items;• Statement from DWP showing yearly totals of credited National Insurance between the relevant dates;• Statement from HMRC confirming tax returns between the relevant dates;• Letter from an employer or some other documents (such as pay slips and bank statements) showing evidence of employment between the relevant dates.
I guess we should provide them with only ONE of these documents, or all of them? And should the document certifying permanent residence (EEA3 application) be good enough? Should it be backed up by any other document or statement? I am not sure of this at the moment.
Having proof of being settled when registering the birth of the child might have been useful, you say? Why is that? in the full birth certificate they issued they only detail name of child, and parents and place of birth of child and parents. Nowhere it seems to say whether child and parents are British, EEA nationals or otherwise... Are you suggesting that they can register a child as British in their records and this has not been done? So should I contact the registrar again rather than applying for a passport now?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).