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British passport for child born in UK

Posted: Tue Jan 21, 2014 11:20 am
by aryans
Hello everyone,

I am looking for some advice with regards to the available possible options for our child's nationality. Below are our status:
Me: Indian nationality and in UK since feb'06. Extended visa twice as a student and then visa extended as "Family member of an EEA national" in Oct'11 for 5 years
Unmarried Partner: In UK since oct'06, working fulltime since then (except had around 18 months maternity leave)
Baby: Born in Mar'11 in UK

-Partner is registered (currently irrelevant) under Work Registration Scheme
-Baby only has birth certificate as proof of id


I do admit that we didn't take required actions then but now, would like to know what are the chances and procedure of acquiring British nationality for our baby. I would like to know the same for myself too but not really desperate for my nationality. The information available online is so huge, I just tend to get confused while reading various options and hence didnt take any actions till date.

Thank you very much for looking into this matter.

Re: British passport for child born in UK

Posted: Tue Jan 21, 2014 6:54 pm
by EUsmileWEallsmile
Moved to British citizenship section.

Re: British passport for child born in UK

Posted: Tue Jan 21, 2014 8:14 pm
by Jambo
UK Born child can apply to register as British once one of his parents becomes settled (ILR or PR). The question is whether the mother has obtained PR under EEA Regulations. PR is obtained after 5 continuous years of exercising treaty rights.

When she was on maternity leave, was she still employed? Did she return to the employer? Or did she have a non UK EHIC or private health insurance during the time off work?

The mother might want first to apply for PR Confirmation using form EEA3. If granted, then use the confirmation for the child to apply for registeration as BC.

Re: British passport for child born in UK

Posted: Tue Jan 21, 2014 9:08 pm
by aryans
Jambo wrote:When she was on maternity leave, was she still employed? Did she return to the employer? Or did she have a non UK EHIC or private health insurance during the time off work?
Hi Jambo, Thank you for the quick reply.
Mother was working at employer "A". Went on maternity leave and then re-joined the same company and is still working at the same place.
Also, we havent taken any (not even child benefits) till date.

Re: British passport for child born in UK

Posted: Tue Jan 21, 2014 9:47 pm
by Jambo
In that case, the best would be for the mother to apply for PR Confirmation using form EEA3. She should provide her WRS certificate and a letter from the employer confirming her employment. I would not highlight the maternity leave and just mention she worked for the same employer since 2006.

Once the PR is confirmed, apply to register the child as BC using form MN1 (and £600 fee...). Should take 1-2 months. Once granted, you can apply for a British passport.

Re: British passport for child born in UK

Posted: Tue Jan 21, 2014 9:55 pm
by aryans
Jambo wrote:In that case, the best would be for the mother to apply for PR Confirmation using form EEA3. She should provide her WRS certificate and a letter from the employer confirming her employment. I would not highlight the maternity leave and just mention she worked for the same employer since 2006.

Once the PR is confirmed, apply to register the child as BC using form MN1 (and £600 fee...). Should take 1-2 months. Once granted, you can apply for a British passport.
Hi Jambo. Thanks again. One last question. While applying using MN1, would we still require proof that child hasn't acquired citizenship from Indian and Polish embassy?

Re: British passport for child born in UK

Posted: Tue Jan 21, 2014 10:01 pm
by Jambo
The UK allow dual nationality so there is no issue of other nationalities.

He will lose his Indian citizenship once he is granted British citizenship as India doesn't allow dual nationality. He would keep his Polish citizenship.