Treaty Rights, child passport application

[ewelinaguss]

Me and my partner are both from the EU8 countries (Poland). A few months ago I have applied for a British passport for my child. We were asked to provide evidence that we were exercising Treaty Rights for the last 5years, which we did.
However the Passport office has written to us that my partner was not exercising his treaty rights as he was still in full time education in year 2010/11, thus was considered a dependent and we were asked to provide evidence that his parents were exercising treaty rights for the last 5 years.
My partners father was exercising Treaty rights, however my partners mother was a housewife ever since she came to the UK (2006) and she only started work in late 2011, so she was never registered with the WRS.
Is there any possibility that my partners Mother could also by considered a dependent of my partners father and be in exercise of Treaty rights? or is there anything else we could do?
Any chance my babys application could still be successful?
Please help, I am extremely confused at this point.

[noajthan]

Me and my partner are both from the EU8 countries (Poland). A few months ago I have applied for a British passport for my child. We were asked to provide evidence that we were exercising Treaty Rights for the last 5years, which we did.
However the Passport office has written to us that my partner was not exercising his treaty rights as he was still in full time education in year 2010/11, thus was considered a dependent and we were asked to provide evidence that his parents were exercising treaty rights for the last 5 years.
My partners father was exercising Treaty rights, however my partners mother was a housewife ever since she came to the UK (2006) and she only started work in late 2011, so she was never registered with the WRS.
Is there any possibility that my partners Mother could also by considered a dependent of my partners father and be in exercise of Treaty rights? or is there anything else we could do?
Any chance my babys application could still be successful?
Please help, I am extremely confused at this point.

This is confusing!

Did you directly apply for a passport?

How old is child & where was child born?

If born abroad, has child firstly been registered as a BC? - under section 3(1) of BNA; (ie before applying for passport).

If born in UK, only one parent needs to have 'settled status' ie PR (not both parents!).

Even if born in UK, child may still need to be registered first, this time under 1(3) of BNA, before applying for a passport.
(That is if born before parent has PR).

Only children born after parent has PR can shoot directly for a passport.

Yes, partner's mother could be dependent of her husband if he (partner's father) is an EEA national.

But the request from HMPO doesn't make sense, a dependent family member (such as your partner) doesn't need to show dependency on 2 parents!
- just dependency on 1 EEA national; ie 1 parent.

(Note: WRS ended in 2011. No need for anyone to register on WRS after April 2011).

Are you married or in unmarried relationship?
How long in relationship?

Does either of you have a confirmation of PR card?

Note: If someone has resided in UK for longer than 5 years, the qualifying period for acquiring PR doesn't have to be simply the last 5 years.

When did partner come to UK?

If they came with parents they may have acquired PR, even as a dependent minor themselves, some years ago.

Was at least 1 of your partner's parents exercising treaty rights (for 5 years or more) as a qualified person (eg as a worker) from the time your partner came to UK?

Same argument applies to you, when did you come to UK?
What is your timeline?
- any chance you acquired PR in an earlier 5-year period?

[ewelinaguss]

Thank you for your reply!
Here are answers to your questions:

Yes I have applied directly for a passport.
Our son is now 7months old, and was born and registered in the UK and has a British Birth Certificate.

Yes both of my partners parents are EEA nationals, and his father was exercising Treaty Rights for the last 5 years

We are not married and have been in a relationship for over 4years now.

None of us have a PR card

Both me and my partner came to the UK in 2006, separately, as children.
For the 5years before my sons birth I was a full time student, however they did not require further evidence from my parents.

Please let me know if you think there is anything I could do about this.

[noajthan]

Thank you for your reply!
Here are answers to your questions:

Yes I have applied directly for a passport.
Our son is now 7months old, and was born and registered in the UK and has a British Birth Certificate.

Yes both of my partners parents are EEA nationals, and his father was exercising Treaty Rights for the last 5 years

We are not married and have been in a relationship for over 4years now.

None of us have a PR card

Both me and my partner came to the UK in 2006, separately, as children.
For the 5years before my sons birth I was a full time student, however they did not require further evidence from my parents.

Please let me know if you think there is anything I could do about this.

Hmm, so you are in a durable relationship 'akin to marriage'. That's all good.
But 4 years is not long enough to acquire PR so you will have to 'mix and match' from your previous statuses.

If you can show you acquired PR maybe sometime around 2011 (or later) as a dependent of your parent/s exercising treaty rights that will be good enough.
That is from 2006 - 2011 or any 5-year period after that.

It all depends on 1 of your parents exercising rights in UK (for 5 years) & you living in UK at same time as the dependent family member.

Possibility 1
That means you had settled status before your son was born in UK.
He can then apply directly for a first British passport.
Follow guidance here: https://www.gov.uk/government/publicati ... plications

Alternately if you were a university student (& had CSI) you could possibly apply in your own right if you acquired PR in that time.

It just depends on precise details of your timeline & what you were doing.

Possibility 2
If you (at least one parent) acquired PR after son was born he will need to be registered first.
Again only one parent has to show PR.
Suggest choose the person with the strongest case & the best quality documentary supporting evidence.
To register child use form MN1 & apply under the entitlement of section 1(3) of BNA.

Note: if this is the case it means the current passport application was made in error & will 'fail'.

You can use 5 year period as a dependent of your parent.
Or partner can possibly use 5 year period as dependent of his parent.

Note if aged over 21 the applicant would have to show financial dependence on the parent.
That's not needed for a 'minor' under 21.
So if the chosen applicant can find a period before age 21 its much simpler.

An option - PR card
When you decide who is the 'best' parent that can demonstrate PR you may want to apply for a confirmation of PR card first. That is instead of sending all the individual proofs & paperwork off to HMPO for the child's passport.

fyi - a PR card will be needed in future if you have ambitions for the privilege of citizenship (PR card is now mandatory for adult applicant for naturalisation).

Hope it begins to make sense - good luck.