British Passport for child of EEA national

[Kamila]

Hi,
I've been living in the UK 13 years and last year have obtained the citizenship with my husband. Now I applied for my kids British passports, they're 8&6, as I learnt they would be eligible as I have exercised the treaty rights. In Jan 2004 I came on student visa, working part time till Aug 2004 and then I started full time work. I have provided all p45s and p60s to passport office with the applications ( made 5 months ago). They're recent query is about benefits which I never claimed. I called HMRC and DWP but they told me they don't issue letters confirming no benefits claimed. But paaspodt office insists I need to provide Subject Access Request. Now this is getting tricky as I'm out of the country for couple of months in New Zealand and I don't have current address in the UK as we are renting. My question is how to deal with this? Is it right for passport office to request this? DWP told me passpprt office has a department wbo checks out people on benefits and the letter shouldn't be required. How can I obtain SAR being on the other side of the globe..? Please give some ideas.
Many thanks x

[vinny]

You should show that you had automatically acquired PR prior to the births of your children. What 5-year qualifying period did you choose when you had applied for confirmation of PR?

[vinny]

Personal information charter.

[Kamila]

You should show that you had automatically acquired PR prior to the births of your children. What 5-year qualifying period did you choose when you had applied for confirmation of PR?

I thought it counts from the beginning-Jan 2004 as my eldest daughter was born in Apr 2009. I have been registered with WRS since it was introduced and in Feb 2006 I've received my residence card.

I thought because of all the papers in place and kids being born in the uk - they are entitled to british passport.

[vinny]

The children are British, if you had automatically acquire PR before the children's births.

Perhaps the simplest for the children: Application for confirmation of British nationality status: form NS?

Or if you choose the period between 2004 and 2009, when you applied for confirmation of PR, then apply for SAR from Home Office to see if they confirm when you actually acquired PR.

[Kamila]

Thank you.
That's what I thought and I have provided my blue residents card to passport office.
I don't understand why they cannot obtain info from DWP directly surely it would be easier.

[Kamila]

Please help
I applied for British passport for my daughter who was born in April 2009, for 5 years prior to that I have been exercising EU treaty, I came to UK in January 2004 on student visa; which I've been told also counts as "exercising treaty rights". But HMPO has requested I need to provide Comprehensive Sickness Insurance for that period. I have tried to tell them this was not a requirement in 2004 therefore I didn't have it. Can someone please advise me on that? Thanks x

[JAJ]

Assuming you are from an A8 accession country, you arrived in January 2004 with a student visa and effectively switched to EEA status on 1 May 2004. The current EEA Immigration Regulations came into force on 30 April 2006- these do require Comprehensive Sickness Insurance for those exercising Treaty Rights as students. As I understand it- an immigration solicitor could confirm- time spent legally in the U.K. under the U.K. rules could count towards Permanent Residence under the EEA Regulations but only if otherwise meeting the requirements of the Regulations.

Based on this- it's not clear how you could have attained Permanent Residence before your daughter was born in April 2009 and as a result, it's likely to be simplest to register her as British using form MN1. (U.K. born child under 18 with a parent who has subsequently become a British citizen or settled).
https://www.gov.uk/government/publicati ... n-form-mn1

Regarding your younger child, if you can show you obtained PR before he or she was born it would be safest to use form NS to get him a Certificate of British Nationality Status which can then be used to apply for a British passport. Otherwise it would be necessary to register child as British using form MN1.

Does your PR documentation state the date on which you are considered to have become a Permanent Resident? Same applies to your husband. He may have become a Permanent Resident on a different date. Only one of you needs to show PR before April 2009 in order for your daughter to be automatically British.

[Kamila]

Thanks for that. Yes I am from Poland and I never applied for PR. I got Residence Permit card in 2006 I rememeber at the time someone told meit was like PR but it doesn't seem like it.
I think it's very unfair to require CSI from people who were on student visa in 2004 when CSI was not a legal requirement.
I was also part time employed at the time.

[Kamila]

Thanks for that. Yes I am from Poland and I never applied for PR. I got Residence Permit card in 2006 I rememeber at the time someone told meit was like PR but it doesn't seem like it.
I think it's very unfair to require CSI from people who were on student visa in 2004 when CSI was not a legal requirement.
I was also part time employed at the time.