Immigrationboards.com

Hello,
I'd like to ask can a child, born in the UK, get British nationality if parents are EU nationals and they live 2 years in the UK?
Thank you.

No.

why no if they both are settled in UK?

Greenie wrote:No.

vaidasv wrote:why no if they both are settled in UK?

Greenie wrote:No.

you only became settled if you was exercising treaty rights for 5 years. so after you lived in the UK for 5 years them you maybe able to register child as British Citizen.

"Settled" in UK immigration context is not the English definition of the word. It means holding a Permanent Residence status (which as explained requires at least 5 years of residence).

Thank you for your answers. I already know this information. But I found few interesting things.
British nationality act 1981 1st paragraph provides: Acquisition by birth or adoption.
(1)A person born in the United Kingdom after commencement [F1, or in a qualifying territory on or after the appointed day,] shall be a British citizen if at the time of the birth his father or mother is—
(a)a British citizen; or
(b)settled in the United Kingdom [F2or that territory].

Immigration rules (UK Borders agency) gives definition of 'settled':
"settled in the United Kingdom" means that the person concerned:
(a) is free from any restriction on the period for which he may remain save that a person entitled to an exemption under Section 8 of the Immigration Act 1971 (otherwise than as a member of the home forces) is not to be regarded as settled in the United Kingdom except in so far as Section 8(5A) so provides; and
(b) is either:
(i) ordinarily resident in the United Kingdom without having entered or remained in breach of the immigration laws; or
(ii) despite having entered or remained in breach of the immigration laws, has subsequently entered lawfully or has been granted leave to remain and is ordinarily resident.

The Immigration (European Economic Area) Regulations 2006 provides: Extended right of residence
14.—(1) A qualified person is entitled to reside in the United Kingdom for so long as he remains a qualified person.

By the Immigration regulation 2006 'qualified person' means a person who is an EEA national and in the United Kingdom as, inter alia, a worker.

So my information is a little bit different from information provided by the UK borders agency and most other sources (official and unofficial)of information so I can't understand this opinion about permanent residence. Persons EEA nationals after initial three months residence can stay in UK (or any other EU member state) long as they want and indeed if they are not burden for that state (in this case UK). So I can't find any legal reasons why we can't treat EU nationals who live in the UK (or any other EU state) less then five years as 'settled in the UK'.
Any ideas?

My undarstanding is that you will be treated as settled if you are free from any immigration restrictions. Under EU law you can remind in member state as long as you like if you not became burden on state.so you are quaoified person, and can remain as long as you qualified person. But that does' t make you settled. You only became settled when you archieve ILR or PR. Your child is not British Citizen and IPS will refuse passport applications. My finds applied for passport thinking the same was as you do and app was refused. (Don't even know whats happened with the fee but I guess IPS kept it).

vaidasv wrote:Thank you for your answers. I already know this information. But I found few interesting things.
British nationality act 1981 1st paragraph provides: Acquisition by birth or adoption.
(1)A person born in the United Kingdom after commencement [F1, or in a qualifying territory on or after the appointed day,] shall be a British citizen if at the time of the birth his father or mother is—
(a)a British citizen; or
(b)settled in the United Kingdom [F2or that territory].

Immigration rules (UK Borders agency) gives definition of 'settled':
"settled in the United Kingdom" means that the person concerned:
(a) is free from any restriction on the period for which he may remain save that a person entitled to an exemption under Section 8 of the Immigration Act 1971 (otherwise than as a member of the home forces) is not to be regarded as settled in the United Kingdom except in so far as Section 8(5A) so provides; and
(b) is either:
(i) ordinarily resident in the United Kingdom without having entered or remained in breach of the immigration laws; or
(ii) despite having entered or remained in breach of the immigration laws, has subsequently entered lawfully or has been granted leave to remain and is ordinarily resident.

The Immigration (European Economic Area) Regulations 2006 provides: Extended right of residence
14.—(1) A qualified person is entitled to reside in the United Kingdom for so long as he remains a qualified person.

By the Immigration regulation 2006 'qualified person' means a person who is an EEA national and in the United Kingdom as, inter alia, a worker.

So my information is a little bit different from information provided by the UK borders agency and most other sources (official and unofficial)of information so I can't understand this opinion about permanent residence. Persons EEA nationals after initial three months residence can stay in UK (or any other EU member state) long as they want and indeed if they are not burden for that state (in this case UK). So I can't find any legal reasons why we can't treat EU nationals who live in the UK (or any other EU state) less then five years as 'settled in the UK'.
Any ideas?

It's not that your information is different but that your interpretation of it is different.

EEA nationals are not subject to immigration control and as such can't be free from something which doesn't apply to them.

See also the legislation in vinny's post - here.

Jambo wrote:

vaidasv wrote:Thank you for your answers. I already know this information. But I found few interesting things.
British nationality act 1981 1st paragraph provides: Acquisition by birth or adoption.
(1)A person born in the United Kingdom after commencement [F1, or in a qualifying territory on or after the appointed day,] shall be a British citizen if at the time of the birth his father or mother is—
(a)a British citizen; or
(b)settled in the United Kingdom [F2or that territory].

Immigration rules (UK Borders agency) gives definition of 'settled':
"settled in the United Kingdom" means that the person concerned:
(a) is free from any restriction on the period for which he may remain save that a person entitled to an exemption under Section 8 of the Immigration Act 1971 (otherwise than as a member of the home forces) is not to be regarded as settled in the United Kingdom except in so far as Section 8(5A) so provides; and
(b) is either:
(i) ordinarily resident in the United Kingdom without having entered or remained in breach of the immigration laws; or
(ii) despite having entered or remained in breach of the immigration laws, has subsequently entered lawfully or has been granted leave to remain and is ordinarily resident.

The Immigration (European Economic Area) Regulations 2006 provides: Extended right of residence
14.—(1) A qualified person is entitled to reside in the United Kingdom for so long as he remains a qualified person.

By the Immigration regulation 2006 'qualified person' means a person who is an EEA national and in the United Kingdom as, inter alia, a worker.

So my information is a little bit different from information provided by the UK borders agency and most other sources (official and unofficial)of information so I can't understand this opinion about permanent residence. Persons EEA nationals after initial three months residence can stay in UK (or any other EU member state) long as they want and indeed if they are not burden for that state (in this case UK). So I can't find any legal reasons why we can't treat EU nationals who live in the UK (or any other EU state) less then five years as 'settled in the UK'.
Any ideas?

It's not that your information is different but that your interpretation of it is different.

EEA nationals are not subject to immigration control and as such can't be free from something which doesn't apply to them.

See also the legislation in vinny's post - here.

I already saw it;) there is the key.

Thank you all guys/ladies for your help! with your help I got answers I needed.