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British nationality for child born in UK

Posted: Mon Jun 15, 2015 9:39 pm
by Odile95
Hello, I know that this question has already been answered by many but I am still confused about it. I hope someone will be kind enough to assist me with this. So I am French and I have been living in the UK since 1987. I have 2 boys respectively born in 1992 and 2000 in London. They both are French but decided that they also want to acquire British nationality. I am told that they are automatically British as I have been in the country 5 years prior their birth. Could someone guide me with this? Also will I need to pay the fees for both of them? Mant thanks

Re: British nationality for child born in UK

Posted: Mon Jun 15, 2015 11:44 pm
by noajthan
Odile95 wrote:Hello, I know that this question has already been answered by many but I am still confused about it. I hope someone will be kind enough to assist me with this. So I am French and I have been living in the UK since 1987. I have 2 boys respectively born in 1992 and 2000 in London. They both are French but decided that they also want to acquire British nationality. I am told that they are automatically British as I have been in the country 5 years prior their birth. Could someone guide me with this? Also will I need to pay the fees for both of them? Mant thanks
I think first child will have to apply in own right as an adult as they are now over 18 years old.

Depending on precise birthdate for second child, he/she may be British automatically, if you were exercising EC Treaty rights at the time.
If born later in 2000 it will depend if you had ILR in UK.

If you are now settled (with ILR or have EEA free movement rights for past 5 years) they could have entitlement to be registered.

If your younger child has lived first 10 years of their life in UK there may be an option to register even if you are not settled - a section 1(4) application.

To be registered an application is necessary & a fee is payable.
Application for a British passport is possible once successfuly registered as a citizen (or once naturalised, if an adult).

See Children of EEA Nationals section of this guide (page 7+):
https://www.gov.uk/government/uploads/s ... e_2015.pdf

Bon chance.

Re: British nationality for child born in UK

Posted: Tue Jun 16, 2015 12:04 am
by vinny
If you were born in the UK or a qualifying territory wrote:If your parents are citizens of the European Economic Area (EEA)

If you were born in the UK on or after 1 January 1983 but before 2 October 2000, you are a British citizen if, at the time of your birth, either of your parents was an EEA citizen who was exercising Treaty rights under European Community (EC) law. This is because your parent's stay is regarded as having been free of a time limit under immigration laws.

Since 2 October 2000, EEA citizens who have a conditional right of residence in the UK (such as workers and businesspeople) are not automatically regarded as free of a time limit under the immigration laws.

Between 2 October 2000 and 29 April 2006, EEA citizens would not be regarded as free of time limit under immigration laws until they had obtained indefinite leave to remain in the UK.

Re: British nationality for child born in UK

Posted: Tue Jun 16, 2015 2:25 pm
by noajthan
If you have decided (based on above) your sons are already British you can cut to the chase:
https://www.gov.uk/government/uploads/s ... s_4_14.pdf

Re: British nationality for child born in UK

Posted: Mon Jun 22, 2015 6:35 pm
by Odile95
Thank you for replying to my queries. I think I can exerce treaty rights for both of my children. I have the necessary proofs ie P45 . Where do I send all the documentation and in that case do I have to pay £1000+ fees for the older child and a another fee for the 15 year old? Thank you

Re: British nationality for child born in UK

Posted: Mon Jun 22, 2015 7:32 pm
by vinny
What were their dates of birth?

Re: British nationality for child born in UK

Posted: Mon Jun 22, 2015 7:40 pm
by Odile95
Hi Vinny, my eldest boy was born on the 2/8/92 and the second on the 21/7/00

Re: British nationality for child born in UK

Posted: Mon Jun 22, 2015 7:53 pm
by vinny
Both may be automatically British.

Re: British nationality for child born in UK

Posted: Mon Jun 22, 2015 8:47 pm
by Odile95
I am confused Vinny and I don't know where to get my answers. I have been told by some that they need to ask and pay for citizenship but also by others, that they both already British because of my status in UK prior to their birth. Where to ask?

Re: British nationality for child born in UK

Posted: Mon Jun 22, 2015 9:08 pm
by vishal123
I need help please I am on tier 1 general and my ilr is due in 2016. I am also be eligible for ilr under long term residence (10 year rule) before that.1) is it ok for me to apply for ilr under long term residence .
My daughter recently born in UK do I need to apply her with my wife FLRM OR CAN I APPLY FOR HER BRITISH REGISTRATION.
THANK YOU

Re: British nationality for child born in UK

Posted: Tue Jun 23, 2015 1:08 am
by vinny
Odile95 wrote:I am confused Vinny and I don't know where to get my answers. I have been told by some that they need to ask and pay for citizenship but also by others, that they both already British because of my status in UK prior to their birth. Where to ask?
Apply for confirmation of British nationality status (Fees) for both children.