register children

[amaechi]

I married an EEA national in 2009, separated 2011 due to DV and my marriage legally ended in 2014 and I acquired permanent residence in Dec 2014. And I currently have children before my marriage legally ended. Can I apply to register my kids as British Citizens?

[CR001]

Are the children from your marriage with your EEA spouse?

What is the immigration status of the children?

Where were the children born?

[amaechi]

They are from my current r/ship. Their father has no status. They were born here in The UK.
Thanks for your reply

[CR001]

If the children were born BEFORE you got PR, you can register them as British on form MN1 under section 1(3) of the nationality act.

If they were born AFTER you got PR, they are automatically British and can apply for a passport directly.

[amaechi]

Must I show I was working during the five year period leading to acquisition of permanent residence? I do not have PRC RIGHT NOW. I only started employment from 2012 to date. Do I need to show retained rights due to DV? on form MN1? And my former spouse's treaty right evidential proof?

[CR001]

You have to prove your PR so yes, you will have to apply for it and should have done that ages ago.

Did you apply for retained rights of residence after your divorce?

What is your nationality?

What right to reside in the UK do you have?

Does your partner appear on their birth certificates?

How old are the children?

[amaechi]

Am expecting decision for PRC next week. I did not apply for retained right residence card by relevant date. I am a 3rd country national. My non EEA childrens father name is on my kids birthday cert.

[omonile]

Hi,you can only acquire Pr if you have proof that the marriage to eea national lasted five years and proof of his excercise of treaty right.I guess your claim to Pr is based on these?

[amaechi]

Hi,you can only acquire Pr if you have proof that the marriage to eea national lasted five years and proof of his excercise of treaty right.I guess your claim to Pr is based on these?

I do not think so, try and visit reg 10? Or Google 'retained right' or you track time line of my queries. Thanks

[amaechi]

You have to prove your PR so yes, you will have to apply for it and should have done that ages ago.

Did you apply for retained rights of residence after your divorce?

What is your nationality?

What right to reside in the UK do you have?

Does your partner appear on their birth certificates?

How old are the children?

Am expecting decision for PRC next week. I did not apply for retained right residence card by relevant date. I am a 3rd country national. My non EEA childrens father name is on my kids birthday cert. They are 4; and 3yrs old.
Very much appreciate your precise answers.

[noajthan]

On what basis do you think you have acquired PR?
Did you get ROR RC? and then exercise treaty rights?

Or is it based on sponsor's 5 years of treaty rights?
And was it acquired in late 2014?
Is that after both children were born?

[amaechi]

On what basis do you think you have acquired PR?
Did you get ROR RC? and then exercise treaty rights?

Or is it based on sponsor's 5 years of treaty rights?
And was it acquired in late 2014?
Is that after both children were born?

According to 'The regulations ' when I separated, right continued until divorce, and further exercised my right due retained right. Yes partly family member and partly retained right. regulations, am sure never mandated the application for ROR RC. does it? Yes acquired b/4 their birth. My question is can I register the kids, despite the fact that I had them while legally married to my former EEA spouse, separated though but to different man?

[amaechi]

On what basis do you think you have acquired PR?
Did you get ROR RC? and then exercise treaty rights?

Or is it based on sponsor's 5 years of treaty rights?
And was it acquired in late 2014?
Is that after both children were born?

According to 'The regulations ' when I separated, right continued until divorce, and further exercised my right due retained right. Yes partly family member and partly retained right. regulations, am sure never mandated the application for ROR RC. does it? Yes acquired after their births. My question is can I register the kids, despite the fact that I had them while legally married to my former EEA spouse, separated though but to different man?

[noajthan]

To benefit from ROR you would have had to apply for a RC based on ROR.

Otherwise you would have lost your right to reside in UK after divorce (as you would no longer have an EEA sponsor).

In previous post you said you had children before divorce in 2014. And you stated you acquires PR in Dec 2014.

That means PR came after children not before, so if you can prove you had PR they could be registered.
Only one parent has to be settled to do so.

Its just question of whether you do have PR by now if no ROR previously.

[amaechi]

To benefit from ROR you would have had to apply for a RC based on ROR.

Otherwise you would have lost your right to reside in UK after divorce (as you would no longer have an EEA sponsor).

In previous post you said you had children before divorce in 2014. And you stated you acquires PR in Dec 2014.

That means PR came after children not before, doesn't it?

Sorry about that, PR came after the kids. I did have RC, and exercised/ing Treaty rights after divorce. But ROR not lost due to separation? After divorce no more family member but family member -retained right.

[amaechi]

To benefit from ROR you would have had to apply for a RC based on ROR.

Otherwise you would have lost your right to reside in UK after divorce (as you would no longer have an EEA sponsor).

In previous post you said you had children before divorce in 2014. And you stated you acquires PR in Dec 2014.

That means PR came after children not before, so if you can prove you had PR they could be registered.
Only one parent has to be settled to do so.

Its just question of whether

you do have PR by now if no ROR previously.

You are very helpful. With my info here have I established PR? I married 2009 Dec, separated 2011 divorced 2014 retained right late 2014 can I almagamate time from marriage to divorce and retained right for proof of PR? NOTE retained right due to DV.

[noajthan]

To benefit from ROR you would have had to apply for a RC based on ROR.

Otherwise you would have lost your right to reside in UK after divorce (as you would no longer have an EEA sponsor).

In previous post you said you had children before divorce in 2014. And you stated you acquires PR in Dec 2014.

That means PR came after children not before, so if you can prove you had PR they could be registered.
Only one parent has to be settled to do so.

Its just question of whether

you do have PR by now if no ROR previously.

You are very helpful. With my info here have I established PR? I married 2009 Dec, separated 2011 divorced 2014 retained right late 2014 can I almagamate time from marriage to divorce and retained right for proof of PR? NOTE retained right due to DV.

I'm still not clear if you possess a RC (issued on grounds of DV) in order to confirm your ROR. Do you have such a RC?

Otherwise, as you separated but did not actually divorce until end of 2014, you may have acquired PR via your sponsor/'soon to be divorced'-spouse as a dependent family member;
that is, PR may have been acquired on the basis of sponsor exercising treaty rights from 2009-2014 (if they did do that continuously for 5 years as a qualified person before you finally got divorced).

[amaechi]

To benefit from ROR you would have had to apply for a RC based on ROR.

Otherwise you would have lost your right to reside in UK after divorce (as you would no longer have an EEA sponsor).

In previous post you said you had children before divorce in 2014. And you stated you acquires PR in Dec 2014.

That means PR came after children not before, so if you can prove you had PR they could be registered.
Only one parent has to be settled to do so.

Its just question of whether

you do have PR by now if no ROR previously.

You are very helpful. With my info here have I established PR? I married 2009 Dec, separated 2011 divorced 2014 retained right late 2014 can I almagamate time from marriage to divorce and retained right for proof of PR? NOTE retained right due to DV.

I'm still not clear if you possess a RC (issued on grounds of DV) in order to confirm your ROR. Do you have such a RC?

Otherwise, as you separated but did not actually divorce until end of 2014, you may have acquired PR via your sponsor/'soon to be divorced'-spouse as a dependent family member;
that is, PR may have been acquired on the basis of sponsor exercising treaty rights from 2009-2014 (if they did do that continuously for 5 years as a qualified person before you finally got divorced).

I only had Residence document (vignette on passport - 5yrs) on grounds of family member and not ROR RC. Divorced after 4yrs and 10 months and became a worker myself to Dec 2014 completing 5yrs of marriage. My ex also has doc certifying PR plus he still had employment.

[noajthan]

...

I only had Residence document (vignette on passport - 5yrs) on grounds of family member and not ROR RC. Divorced after 4yrs and 10 months and became a worker myself to Dec 2014 completing 5yrs of marriage. My ex also has doc certifying PR plus he still had employment.

It's a pity you weren't able to acquire PR via your sponsor by hanging on for 2 more months back in 2014. (However I can understand there were perhaps reasons for that, so no need to share that).

As you don't have a RC on basis of ROR I don't know your way ahead.
Suggest stand by for other members to suggest.

[amaechi]

...

I only had Residence document (vignette on passport - 5yrs) on grounds of family member and not ROR RC. Divorced after 4yrs and 10 months and became a worker myself to Dec 2014 completing 5yrs of marriage. My ex also has doc certifying PR plus he still had employment.

It's a pity you weren't able to acquire PR via your sponsor by hanging on for 2 more months back in 2014. (However I can understand there were perhaps reasons for that, so no need to share that).

As you don't have a RC on basis of ROR I don't know your way ahead.
Suggest stand by for other members to suggest.

Thanks for your precious time. I did apply for PRC 5 months ago, SSHD first considering my claim to retained rights first, if established will then issue PRC, decision is imminent.