How to get British passport for baby born to EU citizen

[MAIALONDON]

Hello, I would like to get a British passport for my daughter who was born in 2016 in the UK. I am a EU citizen living and working here since 2006, however I don't have a permanent residence card. How should I go about applying for my daughter's British passport? My husband is Algerian and awaiting his temporary residence card, so my daughter couldn't get any passport through him. Please help. I am getting mixed messages from the passport office, citizen's advice and lawyer. I'd like to do it myself as a lawyer is asking for too much money!

Thank you.

[Casa]

Before being entitled to a British passport your child will first have to Register as a British citizen. However, this won't be possible until at least either you or their father is settled with PR or ILR.

[noajthan]

If there is any possibility you had acquired PR status (regardless of possessing an optional and confirmatory PR card), perhaps for period 2006-2011, then child born later would have been born British.
In that case apply directly for passport.

No need for a lawyer, other members have handled such an application themselves.

[MAIALONDON]

Thank you for your replies. Yes I would have acquired PR status before my child was born, even though I don't have the official document. The Home Office told me though that if I am not registered with the Worker's scheme I have to first register my daughter as a British citizen first before I can get a passport. Is that correct? I've never heard of the Worker's scheme before so am definitely not registered.

[secret.simon]

What are your nationalities?

Can you give us a breakdown of period of jobs you have held in the UK (so, have you had one job since 2004 or did you have changed jobs in 2008, 2009 and 2014, for example. We do not need to know what the jobs were, at this stage) and whether they were full-time, part-time?

Were you absent from the UK for more than six months in a year?

[MAIALONDON]

Hi, I'm Czech and husband is Algerian. Here is a list of my jobs:
2006 - 2007 - Full time Masters student
2007 - 2011 - One job
2011 - 2012 - Another job
Took a 4 month break here
2012 - 2015 Another job
2015 - 2016 - Had another break for 3 months. Then had a temp job for 2 months, then got a permanent job and then my daughter was born in April 2016. Am now on maternity leave until April 2017.

This was all in the UK and no, I haven't been absent for more than 6 months in one go since 2006.

Thank you!

[secret.simon]

2006 - 2007 - Full time Masters student

This period would only count if you had either private health insurance or a non-UK EHIC card or a yellow (student) registration certificate for this period.

2007 - 2011 - One job

This period would only count if you were registered with WRS. There are intricate rules around WRS that others here will advise you on, but broadly, if you were not registered with WRS at this time, this period would not count for the purpose of acquiring PR.

Took a 4 month break here

2015 - 2016 - Had another break for 3 months

You are meant to have exercised treaty rights continuously in the UK. If you took a break and did not have private health insurance AND were resident in the UK at this time, your clock may have stopped and restarted from zero at these time. Why did these breaks occur? Were you in the UK at this time? Were you covered by private health insurance during these breaks?

I am inclined to agree with the advise that you did not have PR at the time of the birth of the child and hence the child is not a British citizen by birth. As the child was born in the UK, it is entitled to registration as a British citizen when you acquire PR.

Can the mods move this query to the EEA Route applications forum?

[MAIALONDON]

Hi the reasons for the breaks are:
1. the first break to look for a new job as I wanted a career change, plus I did some travelling. - This was NOT covered by private health care. I didn't claim any benefits.
The second break was to do volunteering abroad and take a break - I took 2 weeks jobs seekers benefit. This break was partially but not fully covered by travel insurance when I was abroad.

The lawyer I spoke to said these breaks in jobs shouldn't have been a problem if they were not for longer than 6 months. Are you sure they don't count?

So, but if as you say I am not entitled to PR, would I now be entitled to PR after 5 years from the start of my temp job in 2015? So another 5 years wait and then I need to apply for PR and then apply for a British passport for my daughter?

Thank you.

[secret.simon]

The lawyer I spoke to said these breaks in jobs shouldn't have been a problem if they were not for longer than 6 months. Are you sure they don't count?

Breaks between jobs under six months do not break continuity of residence provided one of the below is true;
a) You were a job-seeker and you have proof of that (emails applying for jobs, interview calls, etc)
b) You were outside the UK

If the two did not apply, you would have to have private health insurance to reside as a self-sufficient person.

Assuming that your clock did not stop due to the breaks and as you were not registered for WRS at all, you would have acquired PR in May 2016 (five years after the end of the requirement for WRS). Given that the child was born in April, s/he would not be automatically British, but could be registered as British.

Wait for others here to comment about the breaks and their impact on continuity of residence.

[MAIALONDON]

OK thank you for your help, I'll await any more comments.

Yes in the breaks I was either abroad or looking for a job, so that should hopefully be ok.

Also regarding the WRS scheme, is it possible that I am registered without me knowing it? I doubt my employer would have registered me though, but perhaps I could double check by calling the Home Office?

However if as you say is true and I have acquired PR in May 2016. How do I find out I did? Is the only way to submit a PR form to the Home Office and see what comes back? Also if I get my PR certification now can I then straight away register my child as a British citizen even though she was born after I had gained PR status?

Sorry to ask so many questions, but it is confusing!

[Obie]

A PR card will not assist in demonstrating that a child qualifies under section 1(1) of the 1981 Act, especially if it was issued after the birth of the child.

[LilyLalilu]

https://www.gov.uk/government/uploads/s ... idance.pdf

[alijawad786]

Its good to wait what others will say.
But back in Sept 2014 one of my friend applied he is Polish all what they did was they gathered last 5 years of employment history and sent it away with the baby's passport application and they got it. if u dont have employment record. give this number a call and get your last 5 years employment history from HMRC 01355 359022. Cheers

[MAIALONDON]

Your friend might have been registered with the Worker's Rights Scheme, in that case I think that would apply. A lawyer advised to apply for a permanent residence card for me and then depending on when I completed my continous excercise of treaty rights it might be necessary to register my daughter as a British citizen. However his fees are too high, so I am going to apply for permanent residence myself and then see how I go from there.

[noajthan]

Your friend might have been registered with the Worker's Rights Scheme, in that case I think that would apply. A lawyer advised to apply for a permanent residence card for me and then depending on when I completed my continous excercise of treaty rights it might be necessary to register my daughter as a British citizen. However his fees are too high, so I am going to apply for permanent residence myself and then see how I go from there.

A PR card issued later is only likely to confuse a HMPO caseworker.

Remember you have to prove you had PR status before you were blessed with your child.

There is no need to register daughter as she is already British if you can show you had acquired PR before her birth.
If you think you did then suggest apply with all evidence of your PR status - as per linked document above.
You risk only the passport fee which is less than the registration fee.

If you only acquired PR after child's birthdate then yes she will have to be registered first.

The problem area seems to be those couple of breaks since 2011.
If abroad a break under 6 months is acceptable.
If jobseeking you need proof of jobseeking.
You cannot have been registered for WRS without knowing as you would have had to have applied by yourself.

Any unexplained breaks will have reset your PR clock to zero so that you still haven't acquired PR.
In that worst case, with all this wild talk of Brexit, suggest that you apply for a RC (as well as one for daughter as your dependent) in order to have some EU documentation in hand for now.

[MAIALONDON]

By getting a RC you mean Residence Card or Registration certificate?

If I apply using the checklist following the document linked above it requests that I need a UK Residence Card or Registration Certificate 5 years prior to the child's birth which I don't have which means I can't apply right?

Or are you thinking just provide payslips and that should be fine? How would I then explain the breaks to them? In a letter and provide evidence of travel or job seeking?

Thank you.

[noajthan]

By getting a RC you mean Residence Card or Registration certificate?

If I apply using the checklist following the document linked above it requests that I need a UK Residence Card or Registration Certificate 5 years prior to the child's birth which I don't have which means I can't apply right?

Or are you thinking just provide payslips and that should be fine? How would I then explain the breaks to them? In a letter and provide evidence of travel or job seeking?

Thank you.

Yes, RC = residence certificate (for EEA nationals).

The HMPO table listing evidence in form of RC is not compatible with EU law as a RC is ofcourse optional.
My understanding is it is one example of evidence that can be provided.
You may like to explain that in a cover letter.
And submit alternate evidence of having acquired PR.
Suggest following guidance in PR guidance document to see types of evidence required.

Yes, a cogent cover letter explaining everything of significance (including absences, alternative evidence to a RC and qualifying period for acquisition of PR) is the only way to progress this.
Don't forget to request DWP letter too.

See more from HMPO on these vital matters here:
https://www.gov.uk/government/uploads/s ... Policy.pdf
- this document shows the RC is optional (phew!).

Good luck.

[Obie]

If relying on period ending on the 30th April 2011, you must show that you complied with the terms of the Worker Registration Scheme.

[MAIALONDON]

Ah that's great, thank you for this document which explains clearly that it's optional to have the Residence card.

These guidance notes don't even mention the Worker's Right's scheme so it looks like they don't even take it into account. I actually applied before for my daughter's passport and lost the fee because I was told by some HMPO worker that I need to be registered with this scheme or have to register my daughter as a British citizen first, which is obviously not the case by what this document is saying.

So I shall go apply again armed with this knowledge. Thank you very much for your help, way better than a lawyer!

[MAIALONDON]

Also just saw Obie's post. Do you mean I would have to be registered under the Worker's Registration Scheme, or the period up until 30 April 2011 wouldn't count?

[noajthan]

Ah that's great, thank you for this document which explains clearly that it's optional to have the Residence card.

These guidance notes don't even mention the Worker's Right's scheme so it looks like they don't even take it into account. I actually applied before for my daughter's passport and lost the fee because I was told by some HMPO worker that I need to be registered with this scheme or have to register my daughter as a British citizen first, which is obviously not the case by what this document is saying.

So I shall go apply again armed with this knowledge. Thank you very much for your help, way better than a lawyer!

Ah, do be careful.

As an A8 national you are still subject to requirement to have been registered, fully and properly, for WRS if working up to end of April 2011.
(Unless you enjoy some exemption).

Even Table B in first HMPO document mentions this
As does the general PR guidance document.

just because one guidance document (from HMPO) does not mention it does not mean you can ignore that mandatory requirement for A8 nationals.

WRS was terminated at end of April 2011 so if a worker from May onwards you don't need to worry so much about WRS.
Although it may come back to haunt you if you have ambitions for citizenship.

When was daughter actually born?

[MAIALONDON]

My daughter was born on the 12 April 2016, so that would mean that if I had to be registered on the WRS until 30 April 2011 and wasn't, she wouldn't be eligible as it's just under 5 years that I would have worked here until she was born?

No one ever told me about the WRS or I would have registered obviously, it wasn't a requirement to work here.

Also I'm not sure if this counts for anything but I first came here when I was 6 years old and stayed for 2-3 years with my parents as Asylum seekers that was 1989 - 1991. I don't think we got the Asylum as in the meantime the Communists fell the Czech Republic and we wanted to go back anyway. Does that period count for anything? Should I mention it in the application or would it just confuse things?

[noajthan]

Previous asylum doesn't help.

As an A8 you should have known you could only work if registered.
And employer broke the law by employing you.

You cannot have acquired PR in time.
Unfortunately HMPO is in fact correct and you can only register child once you (/one parent) is settled.

Earliest for your PR would be May 2016 - if gaps did not stop the clock.
You may as well apply for DCPR as it will be needed if you have any plan to naturalise.

Now how about other parent's immigration status?

[MAIALONDON]

Ok thanks, good to get clarity on this. I will apply for a document certifying permanent residence as you suggest.

Honestly I never knew about the WRS, I just applied for a National Insurance number, they didn't require WRS registration and no employer ever asked me about it. Just EU passport and NI number was enough.

My husband is Algerian. He is applying for a UK Residence Card at the moment so our daughter wouldn't be eligible based on his status.

[MAIALONDON]

Also sorry, just one more question. Based on all this, as I didn't have PR status before my daughter was born as it appears, would she still be eligible to be registered as a British citizen at this point in time? Or would we now have to wait 5 years from when she was born/or I gained PR status for her to be registered as a British Citizen?

Thank you.