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Hi, I have a question about british passport for my baby who was born in UK. I am polish and I started working from 29.07.2010. My baby was born on 28.07.2015. Can I apply for passport for my baby.

ania474 wrote:Hi, I have a question about british passport for my baby who was born in UK. I am polish and I started working from 29.07.2010. My baby was born on 28.07.2015. Can I apply for passport for my baby.

Have you been exercising treaty rights continuously in UK for 5 years?
If a worker, were you correctly registered under WRS before 2011?

I assume you are the mother. Did you take any maternity leave during your time in UK?
And have you had any periods of unemployment or any prolonged absences from UK?

It appears your child was born (just) before you had settled status (PR) in UK

If you have exercised treaty rights continuously you may have acquired PR automatically by 29 July 2015.
In that case it appears your child is now entitled to be, firstly, registered as a citizen;
ie under section 1(3) of BNA.
Once successfully registered you could apply for a first British passport for your child.

Alternate path to citizenship...
What is nationality and immigration status of other parent (father)?
If father was a British citizen at time of child's birth (or had settled status in UK) then child will have citizenship via father.
You could then apply for a passport directly.

Thank you for answer. Baby's father is polish, he is in UK more than 5 years, but he doesn't have wrs. I have my wrs starting the date of 29.07.2010. I have all P60s. During the tast 5 years I was working continously. I have only 3 months break, because I had to come back to Poland. I am on maternity first time now from 13.07.2015.
It is only one day missing to 5 years that why I ask

Your child is only British by birth if you have completed the full continuous 5 years of treaty rights before their birth I'm afraid. If that's not the case (even by 1 day) you will first need to register them using form MN1 and once they have been granted their registration as a British Citizen you can then apply for a UK passport for them.

I don't know how they specify these 5 years. Because for example tax year is from 6 April one year to 5 April next year, not to 6 April.

ania474 wrote:Thank you for answer. Baby's father is polish, he is in UK more than 5 years, but he doesn't have wrs. I have my wrs starting the date of 29.07.2010. I have all P60s. During the tast 5 years I was working continously. I have only 3 months break, because I had to come back to Poland. I am on maternity first time now from 13.07.2015.
It is only one day missing to 5 years that why I ask

I don't know how they specify these 5 years. Because for example tax year is from 6 April one year to 5 April next year, not to 6 April.

Well that's something to look into. I cannot answer that for you.
But maybe there's the complication of what time of day your child was born too.

Option 1 - go for it
Even if you are unsure, you could ofcourse simply 'go for it' and apply for the passport to see what happens. You will risk losing the passport fee if you don't meet the rules.

Anyway, it sounds like you are in a good position regarding acquisition of your PR.

I cannot say for sure how HO will treat a case where child was just born 1 day before mother acquired PR.

Option 2 - Registration first
If they apply the rules strictly & by the letter then it appears you are now able to register your child (then apply for a passport later).

Note: If you apply to register and the official then decides child is actually British anyway (due to you being settled) they will write & inform you.

About your dates
Were you in UK & did you actually start work (or were jobseeking?) before 29 July 2010?

If the WRS certificate was issued & dated later but you actually started work before 29th July (or you were in another valid category, such as jobseeker or student, and have supporting evidence) then clearly you can make a case that you had acquired PR by time baby arrived.

If so you can shoot for child's first British passport directly.

So you have a few possibilities to explore.
Best of luck.

About dates & WRS:

When counting the 5 years qualifying period, this should be taken from the date on which the employment started (rather than the date the card was issued) if the EU8 national applied to register within the 30 days window even if the card was issued later.

If the EU8 national applied outside of the 30 days window, the qualifying period starts from the date on which the WRS card was issued

Yes my case is puzzling case . I have already checked my wrs certificate and there is issued date is 06.08.2010, but the date of employment started is 29.07.2010. I think that I will go for it and send application for baby's passport. Maybe it can succeed.Anyway thanks for your time and answers.

ania474 wrote:Yes my case is puzzling case . I have already checked my wrs certificate and there is issued date is 06.08.2010, but the date of employment started is 29.07.2010. I think that I will go for it and send application for baby's passport. Maybe it can succeed.Anyway thanks for your time and answers.

There have been recent rule changes in the area of PR especially for naturalisation.

It is unclear if you will need a confirmation of PR card to apply for your child's passport.
Certainly you will need a PR card if you have a plan to apply for your own naturalisation in the future.

Good luck.