Citizenship for our baby - father non-EU mother EU citizen

[bulent]

Hi,
Our baby was born last month and we are wondering if he is eligible for British citizenship from birth. I am Turkish (so non-EU) and my wife is Lithuanian (EU citizen) we both have been living here just under 5 years. I have Tier 2 general migrant visa, and will apply to ILR soon (so I think I am categorized as not settled yet). Because my wife is EU citizen will our baby be automatically eligible for citizenship?

Thanks
Bulent

[fwd079]

Hi,
Our baby was born last month and we are wondering if he is eligible for British citizenship from birth. I am Turkish (so non-EU) and my wife is Lithuanian (EU citizen) we both have been living here just under 5 years. I have Tier 2 general migrant visa, and will apply to ILR soon (so I think I am categorized as not settled yet). Because my wife is EU citizen will our baby be automatically eligible for citizenship?

Thanks
Bulent

Yes, both you and your wife aren't free from immigration control. Either he needs to complete five years here exercising treaty rights, then he will be automatically settled and can apply for child's Registration through Form MN1, or you need to be on ILR.

Also, at completion of five years your husband can apply for Naturalisation, click here please for further guidance. For husband see Q5, and during that same Naturalisation application process through form AN, he can apply for son's registration through form MN1 as well, if your ILR is a bit far. Good luck.