Child born in he UK to EEA parents

[cindy88]

Hello everyone.
I'm going through the naturalization application for my husband e my 6 years old child.
My husband and I are both Italian citizens, we have been living in the UK for the last 9 years and have applied for Permanent residency.
However it seems that my application of PR has been rejected due to the fact that I didn't provide enough evidence: since I've applied together with my husband, with him being main applicant and me as family member I should have provided evidence for the period 2010-2015 (from the date we got married) while I provided evidence for the period 2008-2013...
Anyhow, assuming that my husband's application was succesful, he could proceed with obtaining British citizenship, but what about our 6 years old boy, can we make an application for him as well? According to Form MN1 guide:

A child born in the United Kingdom to an EEA national after 30 April 2006 will
be a British citizen if their parent had been in the United Kingdom exercising
EC Treaty rights in accordance with the Immigration (European Economic
Area) Regulations 2006 for more than 5 years or has indefinite leave to remain

and

Section 1 (3) - A child born in the UK whose parents are not British citizens and
were not settled in the UK (see page 6) will have an entitlement to register when
their parents become settled in the UK or become British citizens

Can he be registered as BC if only 1 parent becomes settled? Or, do we both have to be settled?
I presume that 'settled' means having acquired PR, am I correct?

Thank you for your time
Kind Regards
C.

An

[noajthan]

If applying for confirmation of PR in own right then submit evidence from, say, 2008-up to date; (not just 5 years worth of evidence!).
If applying as a dependent of spouse/sponsor then, yes, apply from date of wedding and up to date; (not just 5 years worth of evidence!).

The MN1 guidance is poorly worded and not an accurate representation of the law.

One settled parent is enough. For an EEA family that means PR status.
As already explained in your previous question, here:
http://www.immigrationboards.com/eea-ro ... l#p1379582

Be careful with submitting hubby's DCPR to support child's MN1 application.
A poorly-trained caseworker may, mistakenly, work from date of issue of PR card instead of working from hubby's date of acquisition of PR status.

[cindy88]

Hi noajthan,
thank you for your reply.
When you say

Be careful with submitting hubby's DCPR to support child's MN1 application.
A poorly-trained caseworker may, mistakenly, work from date of issue of PR card instead of working from hubby's date of acquisition of PR status

what should I do to prevent the caseworker from making mistakes? Should I enclose a letter and make it clear that they should consider my husband's date of acquisition of PR status?

Another question, we have a second child on his way and she should be born in June 2017.
Am I correct in saying that she should acquire BC automatically (if my hubby has PR only, since he might not have acquired BC by then)?
Is she going to have dual nationality as well (Italian&British)?
Can I apply for a British passport straight away? How?

Thanks again.
Kind regards
C.

[noajthan]

Hi noajthan,
thank you for your reply.
When you say

Be careful with submitting hubby's DCPR to support child's MN1 application.
A poorly-trained caseworker may, mistakenly, work from date of issue of PR card instead of working from hubby's date of acquisition of PR status

what should I do to prevent the caseworker from making mistakes? Should I enclose a letter and make it clear that they should consider my husband's date of acquisition of PR status?

Another question, we have a second child on his way and she should be born in June 2017.
Am I correct in saying that she should acquire BC automatically (if my hubby has PR only, since he might not have acquired BC by then)?
Is she going to have dual nationality as well (Italian&British)?
Can I apply for a British passport straight away? How?

Thanks again.
Kind regards
C.

Yes, a cogent cover letter would help.

For future child, if born British - apply for passport directly:
https://www.gov.uk/government/publicati ... plications

[cindy88]

Hi noajthan,
thanks for your reply.
I've just received all the docs from the HO for our PR application, my husband was granted permanent residency status, I didn't, I only got the Registration Certificate.
Now I'm going to make a new application for PR and I have a few questions:
1- Do I need a sponsor? I don't think so, I'm EEA national, please confirm
2- Do I still apply as a family member? Sorry, I'm a bit confused.. in your previous post you said

If applying for confirmation of PR in own right then submit evidence from, say, 2008-up to date; (not just 5 years worth of evidence!).
If applying as a dependent of spouse/sponsor then, yes, apply from date of wedding and up to date; (not just 5 years worth of evidence!).

Over all this time I was financially supported by my husband as I went to university...

Thanks for now, I'm sure more questions will follow.
Kind Regards
C.

[noajthan]

Hi noajthan,
thanks for your reply.
I've just received all the docs from the HO for our PR application, my husband was granted permanent residency status, I didn't, I only got the Registration Certificate.
Now I'm going to make a new application for PR and I have a few questions:
1- Do I need a sponsor? I don't think so, I'm EEA national, please confirm
2- Do I still apply as a family member? Sorry, I'm a bit confused.. in your previous post you said

If applying for confirmation of PR in own right then submit evidence from, say, 2008-up to date; (not just 5 years worth of evidence!).
If applying as a dependent of spouse/sponsor then, yes, apply from date of wedding and up to date; (not just 5 years worth of evidence!).

Over all this time I was financially supported by my husband as I went to university...

Thanks for now, I'm sure more questions will follow.
Kind Regards
C.

1) If applying in own right, that is you are the qualified person, you don't need a sponsor.
If sponsored by an EEA citizen (qualified or settled person) you need a sponsor.

2) Depends if you have best case (best evidence) in your own right or as a sponsor's dependent family member.