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Thomas
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Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Hello, I am an EEA citizen. In October 2011 it has been 5

Resolved Question:

Hello,
I am an EEA citizen. In October 2011 it has been 5 years that I have exercised the treary rights and so, since I am permanent resident. I have two children, born July 2010 and June 2012. From what I understand my youngest son is automatically a British citizen, but my oldest son needs to be registered as a British citizen. Is this correct?
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas replied 1 year ago.
Hi,

Have you applied for and obtained Permanent Residence, or have you simply been here for 5 years without making the application?

What nationality is are the children's other parent?

Tom
Customer: replied 1 year ago.

Hello,


my husband is Iranian, and he has been granted a Permanent residence card recently. I have not applied for a permanent residence. But my permanent residence was one of the conditions for granting my husband the Permanent residence card (as a spouse of EEA member).

Expert:  Thomas replied 1 year ago.
When did you husband obtain PR? What date?

Tom
Customer: replied 1 year ago.

On th 21st September 2012

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

You will only have Permanent Residence once you have actually applied for it and obtained it. It is not necessary for your spouse to get PR for you to have it first, please refer to Note 1 on Section 3 of the form that he would have used to get PR for confirmation:-
http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/eea/eea41.pdf

If your children were born in the UK then will only obtain UK citizenship at the time of their birth if one of you was “settled” in the UK:-
http://www.ukba.homeoffice.gov.uk/britishcitizenship/othernationality/Britishcitizenship/borninukorqualifyingterritory/

For the purpose of being regarded as being “settled” you must have Indefinite Leave to remain, which is effectively PR by another name.

Therefore because neither of you were settled at the times of their respective births (even you would have been eligible to apply for PR before your youngest child’s birth) they will both have to apply to be registered as UK citizens now that your husband has PR and is therefore “settled”:-
http://www.ukba.homeoffice.gov.uk/britishcitizenship/othernationality/Britishcitizenship/borninukorqualifyingterritory/

You will see on the above that this is registration under s1(3) of the British Nationality Act 1981


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Kind regards,


Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6375
Experience: BA (Hons), PgDip, Practising Solicitor
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