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Thomas
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We are a couple of Romanians, both with Registration Certificates.

Customer Question

We are a couple of Romanians, both with Registration Certificates. I am pregnant due on 4th of July. Both we have Registration Certificates. Father's Certificate was issued on 13 of June 2007. Mine was issued approximately one year later.
Can we register the child as a British Citizen?
Thank you for your help!
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

Your child will be a UK citizen if at the date of the child’s birth either you or the father is “legally settled” in the UK.

In the case of EEA citizens they are regarded as being legally settled once you have been in the UK for 5 years exercising your treaty rights. So, if your husband has been here exercising his treaty rights for 5 years before the child is born then the child will be a UK citizen.

Please find confirmation on the following link:-
http://www.ukba.homeoffice.gov.uk/britishcitizenship/othernationality/Britishcitizenship/borninukorqualifyingterritory/
Please refer to the third from last paragraph under the heading entitled “If your parents are citizens of the European Economic Area (EEA)”

Although there is technically no requirement to apply for Permanent Residence, your husband may consider apply for it simply to have it acknowledge and so make the passport application process a bit easier.

Details on how he can apply here:-
http://www.ukba.homeoffice.gov.uk/eucitizens/documents-eea-nationals/

http://www.ukba.homeoffice.gov.uk/eucitizens/documents-eea-nationals/applying/


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Kind regards,


Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6653
Experience: BA (Hons), PgDip, Practising Solicitor
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Customer: replied 1 year ago.

We are not legally married. I have already read UK Border Agency website. I found few of the terms a little bit vague. On our Registration Certificate it is said that after 5 years we are considered to become automatically permanent resident. We may request a Document Certifying Permanent Residence, but this is optional.


 


The child should qualify for Section1(3) of British Nationality Act 1981. My question is are we or are we not considered to be settled considering we have lived and worked for the last 5 years in UK having the Registration Certificate.


 


I am sorry if I bother you further. I am just trying to understand thoroughly this matter.


 


Thank you!

Expert:  Thomas replied 1 year ago.
Hi,

No, it's fine.

You are considered settled once you (as EEA citizen) have exercised your treaty rights in the UK for 5 years. So, if your husband has (ie. by working from 2007 to 2012) then you are already legally settled, which means that your child will automatically become a UK citizen when they are born.

This is acquisition by s1(1) of the BNA 1981.

Tom

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