Immigrationboards.com

Hello,
I would like to apply for our baby boy who is 2 years old to become a British Citizen.

Dates:

parents married: 2009
both parents granted ILR: 02.10.2012
Baby born abroad: 13.12.2013
Mother became a British Citizen: 13.03.2014 (applied through NCS on 10.10.2013)
Father became a British Citizen: 29.01.2015

Not sure if the baby qualifies for BC, and if he does which route we have to follow please?

Any advice would be very helpful.

Where is the child, in the UK or abroad?

What is the childs immigration status?

nero99 wrote:Hello,
I would like to apply for our baby boy who is 2 years old to become a British Citizen.

Dates:

parents married: 2009
both parents granted ILR: 02.10.2012
Baby born abroad: 13.12.2013
Mother became a British Citizen: 13.03.2014 (applied through NCS on 10.10.2013)
Father became a British Citizen: 29.01.2015

Not sure if the baby qualifies for BC, and if he does which route we have to follow please?

Any advice would be very helpful.

As born abroad this will be a discretionary Registration (ie at Home Secretary's discretion) under Section 3(1) of BNA.

Does child have ILR?

Suggest start with forum FAQs:
http://www.immigrationboards.com/britis ... ml#p592355

He lives in the UK.....no ILR...he is 2years old

nero99 wrote: parents married: 2009
both parents granted ILR: 02.10.2012
Baby born abroad: 13.12.2013

If both parents were settled and child applied for a settlement visa, then child should have been granted ILE.

The parents and baby are EU citizens as well....After birth the baby came to UK and lives here since then.
After the baby's birth the parents were granted BC.

Were the parents granted confirmation of PR instead of ILR?
Is the child an EU citizen too?
On what basis did the child enter the UK?
When did the child enter the UK?

thanks for helping me...

I will do it again...

Both parents are EU citizens.

Arrived in UK in 2005.
parents married: 2009
both parents granted ILR: 02.10.2012
Baby born abroad: 13.12.2013
Mother became a British Citizen: 13.03.2014 (applied through NCS on 10.10.2013)
Father became a British Citizen: 29.01.2015
The baby arrived in UK on the 02.02.2014 holding a EU passport.
Since then he lives in the UK.

Thanks again

Assuming you are aware of the difference between ILR and PR:

nero99 wrote:The baby arrived in UK on the 02.02.2014 holding a EU passport.
Since then he lives in the UK.

Thanks again

A child born abroad seeking registration to become a British citizen under section 3(1) is expected to hold settled status before applying for registration.

Since the child is in UK as a EU citizen, the settled status is proved by confirmation of PR. Application made without evidence of settled status may be refused by HO.

Thank you.....that means we have to apply for the baby first to get Permanent Residence or Indefinite Leave to Remain first in order to apply for BC. Am I right?

nero99 wrote:Thank you.....that means we have to apply for the baby first to get Permanent Residence or Indefinite Leave to Remain first in order to apply for BC. Am I right?

You have to make your mind up which immigration path your child is on.

Whichever one it is the minor needs to be settled before being registered.

If on EU path s/he needs to have acquired PR.

For a minor, this requires 5 years residence as dependent of EEA national with PR or exercising treaty rights (in UK).

S/he needs to have done this before parents naturalised.
This is because, as you are now BCs, you are no longer considered as EU nationals in UK.

Whether minor needs a 'confirmation of PR' card or just to have acquired PR is a grey area (due to recent & somewhat poorly documented & rolled out immigration rule changes).

If operating under UK Regulations, my understanding is it now takes 5 years to gain ILR (unless any special clauses for minors can be found to apply).

ok, thank you again but my next question is:

The baby is an EU citizen now so we need to apply at the Home Office for Permanent Residence Card or a Confirmation of his status? But he is only 2 years old, and as far as I know, he should only apply only after 5 years spent in the UK, but he is a minor and I think there should be different rules for that.

Thanks again!

I don't think there are but I stand to be corrected.

Perhaps getting the child to UK on his EU passport was a mistake? Had the child applied for settlement visa under UK immigration rules on his non-EU passport, he would been granted ILE and could have applied for British citizenship at the same time as either parent.

Try applying without confirmation of PR. If refused, take the matter to court.

Thank you all......but in the end I am more confused that I was at the beginning of this.....

Hello,
I would like to apply for our baby boy who is 2 years old to become a British Citizen.

Dates:
parents first entered UK from an EU country: 2005
parents married: 2009
both parents granted PR: 02.10.2012
Baby --born abroad-- : 13.12.2013 (holds a EU passport)
Mother became a British Citizen: 13.03.2014 (applied through NCS on 10.10.2013)
Father became a British Citizen: 29.01.2015

We are very confused about the application, and also not sure if the baby who is only 2 years old should apply for Permanent Residence first.

Any advice would be very helpful.

Both parents and baby live in the UK

nero99 wrote:Hello,
I would like to apply for our baby boy who is 2 years old to become a British Citizen.

Dates:
parents first entered UK from an EU country: 2005
parents married: 2009
both parents granted PR: 02.10.2012
Baby --born abroad-- : 13.12.2013 (holds a EU passport)
Mother became a British Citizen: 13.03.2014 (applied through NCS on 10.10.2013)
Father became a British Citizen: 29.01.2015

We are very confused about the application, and also not sure if the baby who is only 2 years old should apply for Permanent Residence first.

Any advice would be very helpful.

Once someone becomes a BC they are no longer considered to be an EEA national in the UK, bu UK HO, (even if they are a dual national & have an EU/EEA member-state's nationality).
So my understanding is you can no longer sponsor your child to acquire PR on the EU migration route.
He is too young to be a child in education & too young to be a qualified person in his own right.

It is rather unclear what the next step may be.

thanks for the reply,

But it must be a way.....we don't want to wait until he is 10 years old.

nero99 wrote:thanks for the reply,

But it must be a way.....we don't want to wait until he is 10 years old.

It's unfortunately tricky. MN1 under section 3(1) requires the child to be free from immigration restrictions (to be then considered under discretion of Secretary of State, so still nothing certain). A status for an EU minor on this would be arguable (but since it's all done under discretion it's pretty hard to argue). It's a long shot to fire an MN1 application and the outcome is not clear (with high chance of getting refused, but also with a possibility of approval)

Unfortunately after both becoming BC you have lost the possibility to sponsor your child as an EEA sponsor to be granted EEA PR (he/she would have had to lived in the UK 5 years to achieve this anyway).

I think it might be worth applying for him/her for an ILR (under the UK immigration law) and only then applying under 3(1) on MN1. Not sure if this would not be refused due to the child being an EU citizen (in that case you'll need to vote for Brexit ). Hopefully it could be argued that you'd like the child to be exempt from EU/EEA immigration route and fall under UK immigration control. However it's something that would need to be properly be researched first?

If all this falls ... I think ... your only hope is remaining in the country for 10 years and applying for his/her BC on that basis.

noajthan wrote: If operating under UK Regulations, my understanding is it now takes 5 years to gain ILR (unless any special clauses for minors can be found to apply).

I don't think it're required for a minor to wait 5 years for an ILR with parents being BC.

http://findlaw.co.uk/law/immigration_em ... 30562.html:

Before your child travels to the UK, they must obtain a visa. The Applying for a visa page explains how to apply.

If the child is already in the UK with temporary permission to stay, they can apply to settle here permanently using the SET(F) application form.

So in that case it might be possible to go abroad, apply for a visa for the child (to fall under UK immigration route), apply for ILR once in UK (which should be granted since both parents are BC now) and then apply under section 3(1) on MN1 (alternatively apply straight for ILE from abroad, but it usually takes longer to grant I think).
The only issue us it might not be possible to apply for a visa in an EU passport? I doubt anyone has ever tried doing this, so can be somewhat a grey area .

adam_now wrote: If all this falls ... I think ... your only hope is remaining in the country for 10 years and applying for his/her BC on that basis.

Correction on this - I think it only covers you if you have been born in the UK. So no real other solution I guess, other than trying UK Immigration route.

adam_now wrote:

noajthan wrote: If operating under UK Regulations, my understanding is it now takes 5 years to gain ILR (unless any special clauses for minors can be found to apply).

I don't think it're required for a minor to wait 5 years for an ILR with parents being BC.

http://findlaw.co.uk/law/immigration_em ... 30562.html:

Before your child travels to the UK, they must obtain a visa. The Applying for a visa page explains how to apply.

If the child is already in the UK with temporary permission to stay, they can apply to settle here permanently using the SET(F) application form.

So in that case it might be possible to go abroad, apply for a visa for the child (to fall under UK immigration route), apply for ILR once in UK (which should be granted since both parents are BC now) and then apply under section 3(1) on MN1 (alternatively apply straight for ILE from abroad, but it usually takes longer to grant I think).
The only issue us it might not be possible to apply for a visa in an EU passport? I doubt anyone has ever tried doing this, so can be somewhat a grey area .

Hmm, so you are contemplating moving over to the dark side - UK immigration route.
I think you may have to. I don't really see how you could sponsor your child as an EEA sponsor anymore.

And looking again at your timeline I can't see any way your child may have acquired PR in the past - as he hadn't spent 5 years residing in UK (before you, parents/sponsors, became BCs).

noajthan wrote: Hmm, so you are contemplating moving over to the dark side - UK immigration route.
I think you may have to. I don't really see how you could sponsor your child as an EEA sponsor anymore.

And looking again at your timeline I can't see any way your child may have acquired PR in the past - as he hadn't spent 5 years residing in UK (before you, parents/sponsors, became BCs).

Sadly I agree . In my case I am actually still waiting for the outcome of our MN1 3(1) application, but this is the back up plan. Theoretically it should work (it's just a case of time and money), however the only flaw is if the UKBA refuses to issue one, as our son is a EU citizen (I wonder if they can do so, if I deliberately ask to look to enter under UK immigration law).

adam_now wrote:...

Sadly I agree . In my case I am actually still waiting for the outcome of our MN1 3(1) application, but this is the back up plan. Theoretically it should work (it's just a case of time and money), however the only flaw is if the UKBA refuses to issue one, as our son is a EU citizen (I wonder if they can do so, if I deliberately ask to look to enter under UK immigration law).

My understanding is you (your child) does have the option to switch to UK immigration route.
He is not locked into EU route.

noajthan wrote: My understanding is you (your child) does have the option to switch to UK immigration route.
He is not locked into EU route.

Yup, you look to be correct - https://www.gov.uk/government/publicati ... nals-eun01:

EUN1.10 Can EEA nationals apply under the Immigration Rules?

Yes. If an EEA national wishes to apply under the immigration rules, they are entitled to do so.

So there's hope , it's just all mater of time, money and dedication .

nero99 - so you might consider trying this route straight away. I think getting a visa for your child and getting him into the country under UK immigration rules would be necessary, but it's also worth confirming if you can't apply for ILR from within (if he's here under EU regulations). Alternatively (if you're not afraid of loosing around £800) you can first try MN1 3(1) hoping for mercy from Secretary of State.