Baby status born before PR

Uk2uk · Post by **Uk2uk** » Wed May 23, 2012 11:09 pm

Hi. I got my Permanant resident card eea4 last month and I am non eea national. I want to know what's my kids status both born before my PR. can I apply for my kids British registration by filling MN1 form now or do I have to wait till I get British passport next years? Please reply, thanks

Post by **vinny** » Wed May 23, 2012 11:56 pm

Were the kids born in the UK?

Uk2uk · Post by **Uk2uk** » Thu May 24, 2012 8:47 am

Both kids born in uk yes

Post by **Jambo** » Thu May 24, 2012 9:30 am

Were the children born before or after you or the other parent had completed 5 years of residence in the UK?

If before, you can apply now. See Q1 in Citizenship FAQs - Common Questions - Children.

If they were born after the 5 years (even before the PR vignette date), they are British from birth and don't need registration. You can apply directly for a passport.

Uk2uk · Post by **Uk2uk** » Thu May 24, 2012 9:35 am

Want to tell u little more. I came from india and my dad is Spanish me and my mother came in 2004 from India and got pr and never out from country last 8 years.So, you think I can apply direct for there passport now ? I am living with partner he is on tier 1 genral living in uk 7 years now never out from uk last 5 years.

Uk2uk · Post by **Uk2uk** » Thu May 24, 2012 9:37 am

First baby born in march 2010 and second feb 2012 and I got or in march 2012

Post by **Jambo** » Thu May 24, 2012 10:42 am

From the sounds of it, your children are already British from birth. What you need to prove is that you have obtained PR before their birth.

Under EEA regulations, PR status is obtained automatically after living in the UK for continuous 5 years under the EEA regulations.

So you could have obtained PR status in 2009 (5 years residence). What evidence did you use to prove your PR? Did your father work since 2004 in the UK? Have you been his dependant (or under 21) for the first 5 years ?

Is there a particular reason you applied only now and not earlier?

Uk2uk · Post by **Uk2uk** » Thu May 24, 2012 11:45 am

Thanks for your quick reply, please help me further. I applied my pr in 2010 jan on my own without any proff of my dad documents because I left home due to force marriage back home so my visa issue via appeal. My father got own restaurants e is working since he came in uk but he not support on my application. But I was student from 2004 till 2009 so appeal allowed. Got pr in march 2012. Yes I was dependent first five years but I left home before 2 week of completing 5 years .

Uk2uk · Post by **Uk2uk** » Thu May 24, 2012 11:46 am

Got pr after birth Now what can I do for my kids?

Post by **Jambo** » Thu May 24, 2012 12:30 pm

Uk2uk wrote:Thanks for your quick reply, please help me further. I applied my pr in 2010 jan on my own without any proff of my dad documents because I left home due to force marriage back home so my visa issue via appeal. My father got own restaurants e is working since he came in uk but he not support on my application. But I was student from 2004 till 2009 so appeal allowed. Got pr in march 2012. Yes I was dependent first five years but I left home before 2 week of completing 5 years .

I suggest you call IPS (0300 222 0000) and ask for their advice.

If you applied in Jan 2010 (before the children were born) and based on the same evidence, the PR was granted in the appeal, then this shows you have obtained PR status before the children were born so they are British from birth. There is no need to register them.

Do the documents from the appeal prove your claim for PR in 2009? I would write a cover letter explaining your situation.

Uk2uk · Post by **Uk2uk** » Thu May 24, 2012 12:41 pm

Ok thanks I will call them. One more thing can my partner switch to 2 years spouse visa now under immegration rules?

Post by **Jambo** » Thu May 24, 2012 1:03 pm

When you talk to them ask to be transferred to the nationality team.

Explain to them you have made an application for PR before the children were born but due to the HO initial refusal and the appeal process it was only issued in 2012. Explain that you don’t have all the supporting documents but the appeal determination proves your claim (I just assume it does).

For your husband, as you are now considered "settled" in the UK, he can apply for a spouse visa under the immigration rules. He can’t apply under the EEA regulations as you are not EEA national.

Uk2uk · Post by **Uk2uk** » Thu May 24, 2012 1:10 pm

Ok, I don't know why ukba sent my first kid stamp on paper which is eea dependent stamp valid for 5 years not a pr but for second kid they sent nothing.

Uk2uk · Post by **Uk2uk** » Thu May 24, 2012 1:11 pm

On Appeal I gave both kids name

Post by **Jambo** » Thu May 24, 2012 2:08 pm

Uk2uk wrote:Ok, I don't know why ukba sent my first kid stamp on paper which is eea dependent stamp valid for 5 years not a pr but for second kid they sent nothing.

As the child is under 5, he can’t obtain PR (as you need 5 years of residence) so a RC is issued instead. For the second child, I assume he wasn’t part of the original application, so that’s is why the HO might have not issue a RC.

Post by **geriatrix** » Fri May 25, 2012 7:35 pm

For queries regarding partner visa, continue in this topic.

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Baby status born before PR

Baby status born before PR