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John G
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Joined: 31 Aug 2011
Posts: 49
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 Posted: Fri Nov 25, 2011 7:35 pm Post subject: UK Passport for my Daughter under EU Treaty Rights |
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Hi All,
This post is in part related to my recent post titled:
Visa required for my UK born/Australian national daughter? - Posted Fri Nov 25, 2011 7:19 pm
I was looking into getting my daughter a UK passport by virtue of me being an EU Citizen (Italian by decent on my fathers side) and having lived/worked/paid taxes in the UK since 1 January 2006.
I was told that I had to provide P60's for the last 5 years (that is, for the tax years from Oct 23 2006 to Oct 23 2011 - when my daughter was born). I did not have my P60 for the tax year April 2006/2007 and so had to provide payslips/bank statements
Over the phone however they informed me that if I applied for any benefits in those 5 years I am disqualified from getting her the UK Passport!.... I did claim 1 month in January 2007 for job seekers allowance, so I didn't bother going to the appointment at the passport office because they would have not placed my application!
Does anyone have knowledge on this subject and can inform me whether I have any recourse?
Much appreciate any responses,
Thanks
John |
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sushdmehta
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Joined: 17 Mar 2006
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| Posted: Fri Nov 25, 2011 7:56 pm Post subject: |
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Your child is entitled to a British passport only if she was born in the UK after you acquired PR status.
If you have not acquired PR status for some reason (as you state), then your child is not a British citizen and therefore not entitled to a British passport.
Guess the onus is on you to prove that you fulfilled the conditions of exercising treaty rights in the UK for the 5 years in question and therefore have automatically acquired PR before your daughter was born.
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sushdmehta
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| Posted: Fri Nov 25, 2011 8:08 pm Post subject: |
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Since the JSA claim was made in Jan 2007 and for a month only, by Feb 2012 it will be out of the qualifying residential period and you may then claim to have acquired PR or may apply for confirmation.
After you have PR status, your UK-born child will be entitled to be registered as British citizen under section 1(3) of BNA 1981. And after receiving the registration certificate, she may apply for a British passport.
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John G
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Joined: 31 Aug 2011
Posts: 49
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| Posted: Fri Nov 25, 2011 8:47 pm Post subject: |
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| sushdmehta wrote: | Since the JSA claim was made in Jan 2007 and for a month only, by Feb 2012 it will be out of the qualifying residential period and you may then claim to have acquired PR or may apply for confirmation.
After you have PR status, your UK-born child will be entitled to be registered as British citizen under section 1(3) of BNA 1981. And after receiving the registration certificate, she may apply for a British passport. |
Hi sushdmehta! Thank you for the prompt reply and great info!
So based on what you are saying, I can either 1) Get my daughter a British Citizenship and then apply for the passport or 2) Qualify my PR status and then apply for her
I know the forms required to clarify my PR status, so may go down that route.
Can you clarify why it matters that I got paid ONE month of job seekers allowance and why this disqualifies me from getting my daughter a UK passport!? seems totally disproportionate. It's obvious I have lived/worked/paid tax for the majority of the time from my first job starting in January 2006 to current time. (with only gap being the 3 months I was unemployed in Jan/Feb/March 2007 - where I claimed ONE month job seekers allowance and went to Oz for the other month or so)
Any thoughts on this? why do they negate treaty rights based on this?
Thanks again,
John |
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sushdmehta
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| Posted: Fri Nov 25, 2011 9:06 pm Post subject: |
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| John G wrote: | | So based on what you are saying, I can either 1) Get my daughter a British Citizenship and then apply for the passport or 2) Qualify my PR status and then apply for her |
Not exactly that.
Only a British citizen is entitled to a British passport.
With respect to a UK-Born child:
For a child born in the UK before either parent has settled status (PR), the child is entitled to be registered as British citizen under section 1(3) of BNA 1981.
A child born in the UK after either parent was granted settled status is a British citizen by birth.
So, the date either parent parent acquires PR is key to determine whether a child is a British citizen by birth (and can apply for a British passport directly) or needs to be registered as a British citizen first (and can apply for British passport subsequently).
In simple words:
1. If you can prove that you acquired PR before your child was born, then the child is British citizen by birth and may apply for a British passport.
2. If you cannot prove that you had PR status before your child was born, then the child cannot apply for a British passport unless the child has been registered as a British citizen.
As for your query whether JSA claim affects eligibility to PR, please continue in the other topic you have created - where the relevant questions are being asked of you.
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John G
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| Posted: Thu Mar 15, 2012 4:59 pm Post subject: |
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Just to update anyone that reads this thread!
I applied via the post for my daughters UK passport under EU Treaty rights.
I placed a detailed cover letter with all the evidence and a few weeks later received her UK passport in the post.
They didn't ask for any extra info or anything. So worked out well.
Thanks to everyone for their help/advice
John |
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dhruv45in
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Joined: 31 Jan 2011
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Location: London
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| Posted: Sun Mar 25, 2012 11:39 pm Post subject: |
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| Hi, i have the same case as you, so was looking at your post. I have a son with my wife, who doesnt have a Permanent residence card in the UK. She is a French National, living in the UK for almist 6 years now, so she is eligible for a PR. Can you please give some detailed info about what all you sent with the application and what is this EU treaty you are talking about. Will be helpful if i can get some info and apply for my son's PP. thanks |
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John G
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Joined: 31 Aug 2011
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| Posted: Wed May 30, 2012 4:44 pm Post subject: EU treaty rights for your son |
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| dhruv45in wrote: | | Hi, i have the same case as you, so was looking at your post. I have a son with my wife, who doesnt have a Permanent residence card in the UK. She is a French National, living in the UK for almist 6 years now, so she is eligible for a PR. Can you please give some detailed info about what all you sent with the application and what is this EU treaty you are talking about. Will be helpful if i can get some info and apply for my son's PP. thanks |
Hi,
Sorry for late reply.
I can tell you my situation (which sounds like it would be the same for your wife!) Basically, I'm an Italian national and have been living in the UK for over 5 years.
Under EU law, my children born here in the UK, whilst I am resident and paying tax etc in the UK have a right to an English passport.
Your wife has to provide:
*P60 or 45 for previous 5 years from the date your son was born.
*If she doesn't have a P60 or P45 for a preiod, just send bank statement or better payslips for the period missing
*They basically want to see that she has paid tax for the last 5 years and has not been claiming social security payments etc
*Her EU passport (French passport in her case)
Simple apply with the normal passport app for your son (available at post office) and include all this info.
I also suggest you draft a cover letter stating you are exercising your EU treaty rights and outline all the evidence you are sending.
Have a look through the forum, there are links to detailed explanation of the EU treaty rights that you can maybe quote in the cover letter (I did that for example, it just drives the message home so to speak!!)
If you need any help just PM me or reply to this thread
Hope that helps
John |
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Jambo
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Joined: 02 Oct 2009
Posts: 6125
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| Posted: Wed May 30, 2012 7:22 pm Post subject: |
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| dhruv45in wrote: | | Hi, i have the same case as you, so was looking at your post. I have a son with my wife, who doesnt have a Permanent residence card in the UK. She is a French National, living in the UK for almist 6 years now, so she is eligible for a PR. Can you please give some detailed info about what all you sent with the application and what is this EU treaty you are talking about. Will be helpful if i can get some info and apply for my son's PP. thanks |
Was it not concluded that your wife was already British (although not holding a British passport) so there is no need for the EU treaty rights. |
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