British-born children with EU passport: EEA PR or MN1 or?

[EmEm]

I would like to apply for naturalisation. This is my family situation:

I'm Italian, resident in the UK since 1999 - can prove work, study, address etc.

My daughter was born in the UK in 2002 but has an Italian passport.

What application route is right for my family?

So far I'm confused between:

- PR application EEA_QP for myself and then MN1 for my daughter or

- PR EEA_FM for both or

- EEA_QP for myself and EEA_FM for my daughter

or
- EEA_PR version 7/2015 including both myself and my daughter on the same form

Maybe none of this is right. Please advice.

Should I need to go via the EEA PR (of any kind), do I need a sponsor?

Thanks - I'm totally lost!

[noajthan]

Were you granted ILR when you came to UK? (check old passport)
if you had ILR, daughter is British.

Otherwise daughter is entitled to register as a British citizen as soon as one parent becomes settled (in EU context, acquires PR).
Section 1(3) application.

Alternately, after living in UK for 10 years, daughter may register regardless of parents' status.
Section 1(4) application.

See guidance:
https://www.gov.uk/government/uploads/s ... r_2015.pdf

If one of the above options works out daughter doesn't need DCPR (or a RC).
With all the wild talk of Brexit you may wish to obtain DCPR too.

[EmEm]

Regarding the ILR, as a EEA citizens I was exercising treaty rights so I wasn't officially granted anything.

So if I got your answers right: if I apply for PR just for myself then I can apply for my daughter separately, either because of her 10 years residency since birth or as daughter of a settled EU parent.

In my PR application, do I have to therefore prove that I have been living in the UK for at least since my daughter birth or is it still sufficient to prove 6 years (I understand that's the minimum required to be able to apply for naturalisation straight away)?

[noajthan]

Regarding the ILR, as a EEA citizens I was exercising treaty rights so I wasn't officially granted anything.

So if I got your answers right: if I apply for PR just for myself then I can apply for my daughter separately, either because of her 10 years residency since birth or as daughter of a settled EU parent.

In my PR application, do I have to therefore prove that I have been living in the UK for at least since my daughter birth or is it still sufficient to prove 6 years (I understand that's the minimum required to be able to apply for naturalisation straight away)?

There were no 'free movement treaty rights' in 1999 hence my question. Some guests were stamped in with ILR.

You don't 'apply for PR' it is acquired automatically.
What is applied for is a handy but merely confirmatory document: DCPR.
As advised, it may be prudent to apply for DCPR however its not mandatory to have DCPR to register daughter.

The section 1(4) approach does not even require parent to have acquired PR; (an option, just in case, for some reason, you have not acquired PR).

5 years continuous exercise of treaty rights (not 6) is required for confirmation of PR.
In connection with daughter, any 5 year period since her DoB will suffice.

If you have ambitions for citizenship then you need to have been free of immigration time restrictions for 12 months (if not married to a BC).

If you acquired PR some time ago, by say 2006 perhaps, then you have already served your 12 months and may shoot to naturalise at any time (assuming you meet the other requirements).
This also assumes you did not lose PR by prolonged absence from UK after acquiring it.

[EmEm]

Thank you, this clarifies a lot.

So, if I include in the application for DCPR proof of my residence since 2010, will that make me automatically eligible to apply for naturalisation?

Also, I've tried to read about immigration time restrictions but I'm still very unclear about what it is and how it applies to my case as a EEA citizen.

[noajthan]

Thank you, this clarifies a lot.

So, if I include in the application for DCPR proof of my residence since 2010, will that make me automatically eligible to apply for naturalisation?

Also, I've tried to read about immigration time restrictions but I'm still very unclear about what it is and how it applies to my case as a EEA citizen.

Yes, in a way.

If you acquired PR in the past (over a year ago), and supply evidence from that time, then your record
should capture your date of acquisition of PR as that date in the past;
eg 2015 or, in general, 200-whenever.

Freedom from immigration time restrictions in an EU context means having PR (a form of settled status).
If someone applies to naturalise under section 6(2) of BNA (as they have a British spouse) they may apply as soon as they become settled.

However, if someone is not married to a British spouse then they apply to naturalise under section 6(1) of BNA and must have had settled status for 12 months before applying.

And as well as acquiring PR the new requirement is for EEA nationals (and family members) to submit DCPR (/PRC) too.

[Sawman]

Hi EmEm
My son was born in the UK and had an eea pasport. When he turned 10,I applied using form T. Supplied evidence (GP record and school record ) of him being born and living here for 10 years and he got his British registerat ion last July.
A straight forward application.