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Trying to understand if my kids already have British citizenship...

Came here in 2005 on a EEA family permit which was valid for 5 years (Wife is Spanish). Had our first child in 2007 and then another in 2010. In 2011 I got ILR and we have been in country as residents till now. Kids have Spanish passports at present.

*I'm in the process of getting citizenship for myself and recently my wife applied/got settled status.

Child born in 2007 is NOT British and has to apply to register as British on form MN1. Cost is £1023.

Child born in 2010, it depends on when the EU national arrived and started exercising treating rights and when the child was born. If you can prove 5 years evidence of exercising treaty rights and having attained PR automaticall before the child was born, then child might be British by birth.

CR001 wrote: ↑

Wed Dec 23, 2020 2:44 pm

Child born in 2007 is NOT British and has to apply to register as British on form MN1. Cost is £1023.

Child born in 2010, it depends on when the EU national arrived and started exercising treating rights and when the child was born. If you can prove 5 years evidence of exercising treaty rights and having attained PR automaticall before the child was born, then child might be British by birth.

Thanks!

We were here 5 years prior to the 2010 child being born - only issue I guess is that my wife stopped working in 2007 to be a stay at home mom (we have never claimed benefits though) so not sure if that affects her exercising her treaty rights.

UsernameTaken wrote: ↑

Wed Dec 23, 2020 2:55 pm

only issue I guess is that my wife stopped working in 2007 to be a stay at home mom (we have never claimed benefits though) so not sure if that affects her exercising her treaty rights.

It does.

If she had exercised treaty rights for five continuous years before the birth of the child, the child would have been born a British citizen.

Treaty rights includes any of the following (and they can be combined);
Working
Seeking work
Studying with Comprehensive Sickness Insurance (aka private health insurance)
Being self-sufficient (including on the basis of their spouse's income) with Comprehensive Sickness Insurance (aka private health insurance)

Keep in mind that the treaty rights exercised must have been done by the EEA citizen themselves (or by their EEA citizen spouse). A non-EEA citizen spouse couldn't have exercised treaty rights.

If she did not have private health insurance for the time that she was not working, she was not exercising treaty rights. And any break in her exercise of treaty rights would have reset her Permanent Residence counter to zero.

secret.simon wrote: ↑

Wed Dec 23, 2020 3:03 pm

UsernameTaken wrote: ↑

Wed Dec 23, 2020 2:55 pm

only issue I guess is that my wife stopped working in 2007 to be a stay at home mom (we have never claimed benefits though) so not sure if that affects her exercising her treaty rights.

It does.

If she had exercised treaty rights for five continuous years before the birth of the child, the child would have been born a British citizen.

Treaty rights includes any of the following (and they can be combined);
Working
Seeking work
Studying with Comprehensive Sickness Insurance (aka private health insurance)
Being self-sufficient (including on the basis of their spouse's income) with Comprehensive Sickness Insurance (aka private health insurance)

Keep in mind that the treaty rights exercised must have been done by the EEA citizen themselves (or by their EEA citizen spouse). A non-EEA citizen couldn't have exercised treaty rights.

If she did not have private health insurance for the time that she was not working, she was not exercising treaty rights. And any break in her exercise of treaty rights would have reset her Permanent Residence counter to zero.

We had private health care at one point I remember but definitely wasnt for the full duration so I guess its £1023 x 2 but happy I have a clear answer now, thanks both!