EEA4 and EEA3 applications

[max.namestnic]

Hello all,
I would like some advice regarding my application EEA4 and my wife's application EEA3.
My wife has been in the UK just over 5years now and I would like to apply for Permanent Residence on the EEA4 application and for my wife on the EEA3 applictaion.

My question is:
We have a new born baby (4months old), born in the UK, wich we are not sure in which applictaion to include her? Should I include her in EEA4 or EEA3 application?
Also she doesn't have a passport or ID card, just the UK birth Certificate, would this be enough or do we have to get her a passport?

Many thanks
Maxim

[Obie]

Your baby will not qualify for PR as he/she has not resided in the UK for 5 years yet. However provided he/she was born before you clicked 5 years, you could apply for a British passport for the child as he/she will be a British Citizen at the time of birth. If this is not the case, you could register the Child or wait after a successful EEA4/EEA3 Application.

Best of luck.

[max.namestnic]

Your baby will not qualify for PR as he/she has not resided in the UK for 5 years yet. However provided he/she was born before you clicked 5 years, you could apply for a British passport for the child as he/she will be a British Citizen at the time of birth. If this is not the case, you could register the Child or wait after a successful EEA4/EEA3 Application.

Best of luck.

Thanks for your advice Obie.
Just to clarify if we wait after the EEA4/EEA3 application is succesufull we can then apply for a British passport for our child without her needing to get a PR?
Thanks

[Obie]

Thats correct. You may even be able to apply for British passport now, if you are able to demonstrate five years residence in accordance with the EEA regulations prior to the birth of the child.

[max.namestnic]

Thats correct. You may even be able to apply for British passport now, if you are able to demonstrate five years residence in accordance with the EEA regulations prior to the birth of the child.

Thanks for clarifying that out.
I've been in UK from 2000 but on a Student Visa for 7 years and last 5 years with my wife, as a family dependant.
My wife came in Apr'07 and baby born in May'12.
But how can I prove that she came to UK in Apr'07, as she hasn't registered with HO until October'07 and no bills on her name?
She only has EHIC issued in Apr'07, is this enough? She rcvd her NI number in Nov'07. I don't know how to prove that she has been in UK for 5yrs+1mnth before the baby is born, as the first 6month she was just leaving with me and getting used to life in UK.

[Plum70]

What was she doing between April and Oct. before she registered with the HO?

Does she at least have any utility bills or tenancy agreement in her name? If so then this should be sufficient proof.

[max.namestnic]

No unfortunatly she doesn't have any bills on her name, she was leaving in my room which I privetly rented when I was a student.
We moved together on the 1st Sep and we have the Tenancy agreement on both names from the 1st Sep. She was self suficient as she had some savings and was traveling in and out of the UK all summer. The only proof we have is the EHIC (European Health Insurance Card) which she applied for from the UK in Apr'07.
I don't know how to proof that she was in UK from Apr'07 to Sep'07.

[fysicus]

It doesn't really matter if the child is born before or after you get PR. As soon as one of the parents has PR under the EEA regulations, all children born to this parent in the UK after 1983 (if I remember correctly) can be registered as a British Citizen and are therefore entitled to a British passport. This will be written in the confirmation letter that you will get after a successful EEA3 or EEA4 application.

In many countries the child inherits nationality from the parents, regardless of the place of birth; if that is also the case for your country and/or your wife's country, the baby can have three nationalities simultaneously.

If you want to travel with the baby, she will need her own passport, even when only a few months old.

[EUsmileWEallsmile]

It doesn't really matter if the child is born before or after you get PR. As soon as one of the parents has PR under the EEA regulations, all children born to this parent in the UK after 1983 (if I remember correctly) can be registered as a British Citizen and are therefore entitled to a British passport. This will be written in the confirmation letter that you will get after a successful EEA3 or EEA4 application.

In many countries the child inherits nationality from the parents, regardless of the place of birth; if that is also the case for your country and/or your wife's country, the baby can have three nationalities simultaneously.

If you want to travel with the baby, she will need her own passport, even when only a few months old.

The PR letter will say.

A child born to you in the UK since 1 Jan 1983 who is not a British citizen may now be entitled to be registered as such a citizen and any child born to you while you remain settled here may be a British citizen automatically at birth...

[max.namestnic]

Many thanks for all your comments.

can I just clarify, once we have our PR, I can apply for our child to have British passport or do I have first to register the child on MN1 form and then apply for British passport? A registration of the child on MN1 cost £540...a lot of money...thanks

[Deeone]

Is it possible for one to hold more two nationalities? Please because i have recently infored someone that it's not possible