Immigrationboards.com

hi
i would like to apply for our child for a uk passport
we both parents have ILR for over a year now
baby was born in uk in 2013
we are EU citizens (romania)
when i phoned up home office 2 years ago i been told we dont have the right to apply for his passport
reason being that i have been received housing benefit in 2010 for 3 months...
is it ok to apply now for his passport?
many thanks
ciprian

As your baby was born before either of you held PR, you are not able to apply directly for their British passport as they are not British by birth.

You will have to register them first on form MNI. The current fee for registration is £936.

When you say ILR I suppose you mean PR - do you mean you automatically acquired PR only one year ago or did you mean that you obtained your document confirming your PR status one year ago?

Since when have you lived in the UK and what did you do during your time in the UK (work? study?)

hi
i ve been in the uk since 2003, and my wife since 2010
i was self employed and employed in all this time, my wife was also full time employed
we applied to ilr (pr) following yellow card registration /blue card as it was back then.
when the child was born in 2013 we both had yellow and blue cards already..
so how to proceed from here?
many thanks

Casa wrote:As your baby was born before either of you held PR, you are not able to apply directly for their British passport as they are not British by birth.

You will have to register them first on form MNI. The current fee for registration is £936.

Proceed as advised in the post above. https://www.gov.uk/government/uploads/s ... _04-16.pdf

Your child will only be entitled to apply for a British passport after registration.

hi
i have applied for child passport
HM passport office now saying that i have insufficient documentation for 09/10 and 10/11 to establish that i was exercising treaty rights for five years prior to child s birth ..
and a letter from jobcentre plus regarding receipt of benefits.
i was in the uk all them years but work was low, so obviously tax return will show low income.
where to go from here?

ciprian wrote:hi
i have applied for child passport
HM passport office now saying that i have insufficient documentation for 09/10 and 10/11 to establish that i was exercising treaty rights for five years prior to child s birth ..
and a letter from jobcentre plus regarding receipt of benefits.
i was in the uk all them years but work was low, so obviously tax return will show low income.
where to go from here?

If you are the parent in UK since 2003 you may have acquired PR by 2008 and, if not, the chances are you acquired it before (or by) 2013.

What were you doing in UK since 2003?

Have you got good evidence for the period from 2003-2008?
Or 2004-2009
or to 2005-2010?
If so that could eliminate the problem years of 2010-2011.

Note that EU law does not specify a minimum income.
Nor that paying tax/NI is mandatory.

Ofcourse UK applies its MET to workrs; however use of such a test is not compliant with EU law and should not lead to an automatic refusal.

You only need to show work was genuine and effective rather than being marginal and supplementary (to doing something else).
Suggest advise HMPO of this and try to back it up with evidence.

As well as referring to the PR guidance documents, this HMPO document digs further into these vital questions and types of evidence:
https://www.gov.uk/government/uploads/s ... Policy.pdf

And if it's what you're asking, request the DWP benefits letter from here:
https://www.gov.uk/government/organisat ... -about-you