Immigrationboards.com

hi
my partner ( eu citizen ) and I ( non eu citizen on RC unmarried ) came to UK since 2005. My son born in 2008 and the second child born in 2010. A friend of my partner told me that my son are eligible to apply for UK passport after my partner has been living & working with permanent job in UK for at least 5 years. Is it true?
My partner did not register for citizenship. thank you

That depends what the EU national is doing in the UK.

If the EEA national is exercising treaty rights in the UK, then after 5 years of residence in the UK and exercising treaty rights, the EEA national (and their family members if they have been residing during the 5 years period) obtain Permanent Residence status automatically.

Children born to a parent who holds PR status are British from birth. Children born before the parent had PR, can apply for Registration as BC once the parent holds PR status.

So if your partner has been working & living in the UK for 5 years - if the son born in 2010 was born after the 5 years, he is British from birth. You can apply for a British passport for him if you wish. Just provide with the passport application, 5 P60 to cover the 5 years before the birth and the parent EU passport.

The son born in 2008 can apply to become British. See more in FAQ - most common questions - children.

thank you so much