british passport for a EEA child born in the uk

[Alexandrouli]

Hi there,

I was wondering if you can help me.

I am from Greece and I have been living and working in UK since September 2011. I am due to give birth on 9th May 2016. Since my child will be born prior to the 5 years mark in order to apply for a British passport (this is my understanding on the matter) how can I then apply for a British passport for my child? I am little bit confused with the procedures.

Thanks,

Alexandra

[ohara]

ince my child will be born prior to the 5 years mark in order to apply for a British passport (this is my understanding on the matter)

Not quite sure on any "5 year mark for British passport" or where you have heard of this

Is the father a British citizen, or are either of you settled (ILR/PR) in the UK? If you are, the baby will be British when born and can get a passport.

If not, the baby will not be British and will most likely inherit the nationality of its parents, depending on the nationality laws in those countries. Once at least one of the parents becomes settled, the child is entitled to be registered as a British citizen under section 1(3) of the British Nationality Act. The cost of this is £936 and the form to use is MN1.

You cannot apply for a British passport for the child until it is a British citizen.

[CR001]

You can't as your child will not be British and only British citizens can apply for a passport.

Once you attain permanent residence and the document confirmig it, provided you are a qualifying person and exercised treaty rights for full 5 years, you can register your child as British (if born in the UK) on form MN1, fee will be £936. Once you get the registration certificate, only then will you be able to apply for the childs British passport.

[Richard W]

Not quite sure on any "5 year mark for British passport" or where you have heard of this.

Come now, you're just not sure of exactly what she means. She means that once she's clocked up 5 consecutive years of exercising her treaty rights she'll have PR, and so any child she subsequently gives birth to in the UK is entitled to a British passport. (To be accurate of course, PR can be lost by being absent for two years or by being expelled from the UK.)