Treaty Right passport for my child

[Ayekat2018]

Hello all,
Wish everyone is doing well..
I need help and advice, my husband is european, he apply passport for our daughter based on treaty right, my baby born Feb.2018, before our baby born my husband already completed of 5 yrs resident here in the uk but he apply settled status lately due to bre exit so this is after our baby born, we submit what is necessarily documents, even day by day ask new supporting documents.. but for this time the home office ask my husband to send the european health card that 5 yrs valid which cover the date of when he started to come till when our baby born as he is self sufficient that time.. so 5 years consicutive the problem was my husband only have a european health card cover from the date of october that must be february the date when our baby born.. we did it to send. but they again ask for my husband old european health card that cover the month of feberuary .. to say my husband is exercersing treaty rights.. for this time will be difficult to take this as long time ago that old one.. and need to go back my husband in his own country and leave for work please advice we are despirate for this documents which is totally bothering in our side.. what we should say for the cover letter if we send to reply to just reconsidered our aplication not to be hard time..we waste also a lot of money now for asking a documents. Sometimes we want to withraw the aplication.. do we need to call them to say our opinion? As we provide everything already but looks like become more hard .. thank you anyone for advice.. and regards..

[secret.simon]

In order to apply for your child's British passport, your EEA citizen spouse needs to have completed five continuous years of any of the following before the birth of the child.
a) Working
b) Looking for work
c) Student with either Comprehensive Health Insurance (private health insurance) or an EHIC Card from another country in the EU.
d) Self-sufficient with either Comprehensive Health Insurance (private health insurance) or an EHIC Card from another country in the EU.

If he did not have an EHIC Card from another country in the EU when he was self-sufficient (or a student), that time will not count.

If he cannot provide proof of having either CSI or a non-UK EHIC Card, he can register the child as a British citizen using Form MN1 after he has got Settled Status and then apply for the passport.

[Ayekat2018]

Thank you for reply, my husband is 5 yrs here before my child born.. only he apply settled status lately due to bre exit.. other than that they dont need to apply as they are in free movement that time... we know that we are eligible to apply.. but only this european health card which we provide is not cover to be 5 yrs before my baby born..what is the best thing we can do? Do we need to tell them that we will withdraw my daughter aplication? Or we send cover letter that we cannot provide otherwise my husband is going back home in his country for the EHIC and one thing is he dont have any papers ietehr passport to go back home as all we send it.. thank you...

[AnotherUUID]

It would be helpful to explain how your husband was exercising said treaty rights in the 5y prior to your child having been born. If your husband was exercising treaty rights through working (and thus paying national insurance) an EHIC card for such periods of employment is not necessary and irrelevant to your application.

An EHIC card, as @secret.simon mentioned, is only required for periods that require CSI such as time spent as a student or whilst being self-sufficient.

but only this european health card which we provide is not cover to be 5 yrs before my baby born..

I'm not sure I understand this. Are you suggesting that the EHIC card you have provided does not cover the 5y period and, as such, does not cover periods where your husband was a student or self-sufficient? If so, this is not unusual as different countries have different rules to issuing EHIC cards and their validity times and there may be ways around this.

[Ayekat2018]

Thank you for your reply, when my husband came here he is self suffient for that he required to submit his european health card, but this card is issue october 2013 that should be february 2013 to be cover the 5 yrs prior befor my baby born..and my husband old european health card which they would request to send is hard now to provide as that pass long time ago he also dont know where he put it or otherwise he will go home to find it.. and thats very difficult to do.. as wasting his time and leave to work... we call the passport office today just to tell them we cannot provide.. will goodluck for us.. either their issue or not.. god will knows. .

[AnotherUUID]

As the definition of what constitutes "comprehensive sickness insurance" is fairly vague to date, there may be ways to solve this. There have been cases where HO (UK Border Agency at the time) would accept proof of CSI other than an EHIC card. This was certainly the case for me when I acquired my DCPR back in 2014.

While by no means being an official rule, it is understood that HO may be satisfied that someone held comprehensive sickness insurance provided:

• they were eligible for healthcare in their home country at the time
• their home country has reciprocal healthcare rights with the UK - which should be the case for all EHIC participating countries
• they have a way of obtaining an official written confirmation of their eligibility for the period in question

In a nutshell, if your EU husband can provide evidence from his home country that during their time spent of as self-sufficient in the UK they were health insured in and/or had comprehensive access to their home country's healthcare system HO may accept that as proof of having held CSI irrespective of whether they actually had an EHIC card issued or not.

This is, in part, because an EHIC card is merely evidence of someone's eligibility to public healthcare and normally would not be issued to someone who is ineligible to healthcare in the country of issue.

[Ayekat2018]

Thank you...i wish they will considered...