EEA PR - Am I correct to believe I can use this for...

[dm1975]

Hi all,

I'm in the process of filling in the gigantic EEA PR form, and trying my best to gather the absurd amount of documentation and evidence they require.

It's all in hopes of sorting my son's nationality.

My situation is a little bit complex, as I was born in Rhodesia (Zimbabwe now) to a Rhodesian mother (her parents being English and Polish) and a Portuguese father. I only lived in Rhodesia until the age of 5, moved to America for 3 years, then to Portugal from the age of 8 to 16, then another 18 years spent in the U.S.A. My nationality is Portuguese.

I arrived in England on 30/07/10. I am engaged to a Polish national, but she has only been here less than 2 years. We now have an 8 month old son, who technically has no nationality yet.

I plan on obtaining permanent residency here via the EEA PR and as I understand it from a lot of confusing and sometimes apparently contradicting pages on the internet, my son can then be registered as a British citizen.

In large part I'm doing this so that I don't have to deal with the Zimbabwean and Portuguese consulates.

Am I wrong in believing that this method should work? I'd hate to spend all this time trying to get documents re-issued, stamped, etc, as evidence only to find out that it was in vain!

[Obie]

No you are not wrong but perfectly correct.

If you or your wife had worked for 5 years, you could have apply for Passport before the 12/11 without the need to apply for PR.

[noajthan]

Am I wrong in believing that this method should work? I'd hate to spend all this time trying to get documents re-issued, stamped, etc, as evidence only to find out that it was in vain!

Your belief is predicated on your son being born in UK.
If that is the case then all good as he will be entitled to register as a citizen under Section 1(3) of BNA.

For background information, these 2 pages from the internet forum may be a good place to start:
http://www.immigrationboards.com/eea-ro ... 14867.html
- see PR section in particular

&
http://www.immigrationboards.com/britis ... 95747.html
- see Q5

It is an interesting question whether a 'confirmation of PR' card is now required to prove that parent/s of a minor entitled to register as a citizen (under 1(3) of BNA) hold/s permanent residence.

Rules in this area (ie PR card now required) changed recently for adult naturalisation cases, for EEA nationals.

However there is no such requirement specified (parent/s to submit PR card) for registration of minors;
neither in the current MN1 form (June 2015) nor in the accompanying MN1 guidance document (Sept 2015).

The MN1 form still includes the extensive questions around PR (Q3.13+) rather than a more logical (& much simpler) 'does parent have PR: (yes/no)' type of question.

Whether this is another example of 'less than joined up thinking'- from HO or a 'concession' to parents - presumably time will tell.

Of course if you have a plan to apply for the privilege of citizenship in due course then a 'confirmation of PR' card will be required to support your application.
Obtaining one now will simply delay registering child & obtaining your son's first British passport for a while.

Best of luck.

[Obie]

Well the rules under the British Nationality Regulation 2003, which was amended by the British Nationality Regulation 2015, indeed has general applicability.

Schedule 2 Regulation 3 of that regulation which has been amended is what deals with requirement for registration under Section 1 (3).

As I said many times, guidance may be helpful, but not the law of the land and the law of the land will always take precedence over a guidance note.

[noajthan]

Well the rules under the British Nationality Regulation 2003, which was amended by the British Nationality Regulation 2015, indeed has general applicability.

Schedule 2 Regulation 3 of that regulation which has been amended is what deals with requirement for registration under Section 1 (3).

As I said many times, guidance may be helpful, but not the law of the land and the law of the land will always take precedence over a guidance note.

I understand the difference between law and guidance.
I am not qualified to comment on whether HO caseworkers possess that understanding.

I see in amendments here:
http://www.legislation.gov.uk/uksi/2015 ... 806_en.pdf
the addition of some definitions: of a PR card, etc.

In the same document there are amendments mentioned, relating to Sections 4, 6(1), 6(2) of BNA 1981, but Section 1(3) does not appear clearly mentioned.

However Joe or Josephine Public will be applying on forms & using guidance extant on Gov UK website.
Unless an avid member of this forum they will, on a balance of probabilities, be unaware of these remarkably unpublicised changes.

It is bizarre how adult form AN has been updated before 12 November whereas minor form MN1 has not.

It appears HO has dropped a googly by failing to maintain the relevant paperwork for minors unless this is done in next few days.
The jury is still out on that one so let us see.

It is a concern that some parents may be taken unawares by this inconsistency on part of Home Office powers that be.

[dm1975]

Thanks for the replies, although I'm now wondering if the EEA PR route is worthwhile as it may be necessary?

I'll list some facts that might help clarify...

I arrived 30/07/10. My son was born in England on 16/02/15, so I wasn't here for a full 5 years yet when he was born.

I'm not entirely sure what is meant by "If you or your wife had worked for 5 years, you could have apply for Passport before the 12/11 without the need to apply for PR. - Obie"

But I assume that what I listed above relates to it, indicating I didn't meet the 5 year criteria.

Either way, is there any way to find out with certainty if I could just file a MN1 without a EEA PR?

[Obie]

If you have been exercising treaty right continuously from your entry in 2010 July to 2015 July, then you can apply for MN1 before 12th November 2015.

after 12 november 2015, you will need a PR card

[dm1975]

If you have been exercising treaty right continuously from your entry in 2010 July to 2015 July, then you can apply for MN1 before 12th November 2015.

after 12 november 2015, you will need a PR card

I started working on 28/09/10 for an agency, finishing with them on 10/06/11, then got another job on 07/07/11 and have worked at that company since then.

So it wasn't as soon as I arrived, nor completely uninterrupted.