Citizenship for child born in the UK

yvonnie · Post by **yvonnie** » Fri Sep 14, 2012 9:06 pm

Hi all,

I am from Spain and me and my husband (also Spanish) came to the UK 4,5 years ago. Now I am pregnant and I need to know what citizenship my child will have. We plan to stay in the UK so I would like my baby to have British Citizenship.

I'm so confused though, there doesn't seem to be a clear answer to that. The official website for UK Border Agency says that one of the parents needs to be settled in the UK. What does that mean? Other websites say that I need to have lived in the UK for 5 years which I will have by the time I give birth.

On the same website (UK Border Agency) it says that being settled means the status of the right to remain indefinitely in the UK which I have I think, as a European citizen (or am I wrong?), but the new regulations (9 July 2012) say that I need to apply and take two tests to become settled? Could someone help me please?
thanks very much!

boloney · Post by **boloney** » Fri Sep 14, 2012 9:51 pm

yvonnie wrote:Hi all,

I am from Spain and me and my husband (also Spanish) came to the UK 4,5 years ago. Now I am pregnant and I need to know what citizenship my child will have. We plan to stay in the UK so I would like my baby to have British Citizenship.

I'm so confused though, there doesn't seem to be a clear answer to that. The official website for UK Border Agency says that one of the parents needs to be settled in the UK. What does that mean? Other websites say that I need to have lived in the UK for 5 years which I will have by the time I give birth.

On the same website (UK Border Agency) it says that being settled means the status of the right to remain indefinitely in the UK which I have I think, as a European citizen (or am I wrong?), but the new regulations (9 July 2012) say that I need to apply and take two tests to become settled? Could someone help me please?
thanks very much!

if the child will be born in the UK after one of you was working in the Uk for 5 years then the child will be born as a British Citizen.
Under Eu law person is settled after living 5 years, you need to be working, be student, self sufficent during that time.

yvonnie · Post by **yvonnie** » Sat Sep 15, 2012 2:11 am

Boloney, thank you very much for your help.

I was a student for the two first years and I've been working full time since I graduated so I presume that's OK!

So do I need to do anything prior to giving birth or do I just register my baby as BC when it's born? Is there a fee I will need to pay?

thanks again!

yvonnie · Post by **yvonnie** » Sat Sep 15, 2012 2:17 am

Sorry and another question, if my child ever decides to go to live in Spain will he/she be able to get the Spanish citizenship there?
Or is the BC being removed automatically after some years if he/she doesn't live in the UK? thanks!

Post by **Jambo** » Sat Sep 15, 2012 12:22 pm

yvonnie wrote:I was a student for the two first years and I've been working full time since I graduated so I presume that's OK!

It is not so simple. If you were a student, you should have had a private insurance (or EHIC from Spain) during your studies for that time to count. Did you partner work during that time? Workers don't need insurance to have the time considered.

So do I need to do anything prior to giving birth or do I just register my baby as BC when it's born? Is there a fee I will need to pay?

If the child is British from birth, there is no need to register and there is no fee (apart from the passport fee if you wish to apply for one).

yvonnie · Post by **yvonnie** » Sat Sep 15, 2012 1:35 pm

Thanks for your help Jambo.. No, unfortunately he was a student too. I didn't have a private insurance I'm afraid, I thought those years would count, as I was full time student and I paid for my own tuition fees?

I guess I will have to give birth and then apply later on for a British citizenship for my baby when I complete 5 full years of working in the UK..

Post by **Jambo** » Sat Sep 15, 2012 1:50 pm

If you could produce a EHIC (health card) from Spain for that period, that can act as the required insurance.
Or if you have applied for a Residence Certificate (form EEA1) from the HO as a student (probably not as it is not really needed for EEA nationals).

yvonnie · Post by **yvonnie** » Sat Sep 15, 2012 1:51 pm

Hi Jambo,

I found this the other day and that's why I thought I should be able to be considered as 'settled' in the UK (or having permanent residence in the UK)

(it's from Wiki though, which, I know it's not very reliable!)

"...A further change took place on 30 April 2006 with the coming into force of the Immigration (European Economic Area) Regulations 2006. These provide that citizens of EEA states and Switzerland automatically acquire permanent residence after 5 years resident in the United Kingdom exercising Treaty rights.

Children born in the United Kingdom from this to EEA/Swiss parents are normally British citizens automatically, if at least one parent has been exercising Treaty rights for five years. If the parents have lived in the United Kingdom for less than five years when the child is born, the child may be registered as British under s1(3) of the British Nationality Act once the parents complete five years residence in the United Kingdom..."

Post by **Jambo** » Sat Sep 15, 2012 1:56 pm

yvonnie wrote:Sorry and another question, if my child ever decides to go to live in Spain will he/she be able to get the Spanish citizenship there?
Or is the BC being removed automatically after some years if he/she doesn't live in the UK? thanks!

The child doesn't need to go to Spain to become Spanish. A child to Spanish parents is Spansih from birth.

Once someone acquired a citizenship, residence is not a requirement. If he leaves Spain or the UK, he will not lose his citizenship.

yvonnie · Post by **yvonnie** » Sat Sep 15, 2012 2:21 pm

I've just looked this is what the Home Office says:

http://www.ukba.homeoffice.gov.uk/briti ... territory/

"..Since 30 April 2006, EEA citizens are automatically considered free of a time limit under the Immigration Rules after they have exercised their Treaty rights for any continuous 5-year period. After 5 years, they automatically receive permanent residence status. They no longer need to apply for indefinite leave to remain.

If you were born in the UK between on or after 30 April 2006 to parents who were EEA citizens, you are not a British citizen unless one of your parents had permanent residence status before the date of your birth. However, you may be able to register as a British citizen if one of your parents later gets indefinite leave to remain (see Registering your child as a British citizen or subject). "

and in this application:

http://www.ukba.homeoffice.gov.uk/sitec ... de-eea.pdf

it asks for evidence that the applicant has lived or studied in the UK .. or am I wrong..? Will my 2 student years in the UK count then?
thanks

Post by **Jambo** » Sat Sep 15, 2012 3:48 pm

The key point is "exercising treaty right". For your time as a student to be counted as "exercising treaty rights", you need to have Comprehensive Sickness Insurance (CSI). See the guide you referred to for details (on page 2). CSI not required for time you are a worker.

If you can produce EHIC from Spain for that time, you can consider those two years.

yvonnie · Post by **yvonnie** » Sat Sep 15, 2012 6:16 pm

thanks very much for your help Jambo, I was insured at that time in Spain, and I also had cover for European countries if I requested a European health insurance card, however I never produced the European Health insurance card (and I didn't need it eventually)- but I will see if the Spanish authority can give me a certificate that says that I was insured at that time in Spain and therefore in Europe too? Will that be enough or do they need to see the European Health card?

Post by **Jambo** » Sat Sep 15, 2012 6:43 pm

The whole point of CSI in the UK is questionable and it's still not clear if the Home Office view that a private insurance is required on top of NHS is even legal. Having EHIC is a way to overcome this issue as the HO need to accept it as CSI. I would thin that if could get a letter from the Spanish health authorities that confirms you were covered during yor time in the UK as a student, then IPS (the passport authority) would accept that and issue a passport.

yvonnie · Post by **yvonnie** » Sat Sep 15, 2012 6:50 pm

I does seem very strange indeed because I remember that when I first came in the UK my Uni admin asked me to register with the NHS ASAP and said that it's very important. Now, I've checked my uni's info and here's what it says:

"..Any student, regardless of nationality or country of origin, enrolled on an academic course lasting six months or more is entitled to receive free NHS care.."

And that's why I didn't get the card int he first place, as I was medically covered here already! It just doesn't make any sense! But you are right, it's always better to be covered than to have your application returned.

I'll see if I can get a letter but I'm not very hopeful as I'm sure the spanish authority will say that this is something that they can't do!

thanks so much again, you're a great help!

yvonnie · Post by **yvonnie** » Sat Sep 15, 2012 8:00 pm

Yes, me again (last one, I promise)!

will I need to apply for permanent residence (EEA3) then when I complete my 5 years of residence in the UK (in 6months) and before I give birth OR should I wait until I give birth and then they ask me for evidence documentation that I am permanent resident in the UK?

Post by **Jambo** » Sat Sep 15, 2012 9:11 pm

yvonnie wrote:I does seem very strange indeed because I remember that when I first came in the UK my Uni admin asked me to register with the NHS ASAP and said that it's very important. Now, I've checked my uni's info and here's what it says:

"..Any student, regardless of nationality or country of origin, enrolled on an academic course lasting six months or more is entitled to receive free NHS care.."

And that's why I didn't get the card int he first place, as I was medically covered here already! It just doesn't make any sense! But you are right, it's always better to be covered than to have your application returned.

I'll see if I can get a letter but I'm not very hopeful as I'm sure the spanish authority will say that this is something that they can't do!

thanks so much again, you're a great help!

See here about NHS access and CSI.

Post by **Jambo** » Sat Sep 15, 2012 9:15 pm

yvonnie wrote:Yes, me again (last one, I promise)!

will I need to apply for permanent residence (EEA3) then when I complete my 5 years of residence in the UK (in 6months) and before I give birth OR should I wait until I give birth and then they ask me for evidence documentation that I am permanent resident in the UK?

Applications under EEA regulations are optional. PR is obtained automatically after 5 continuous years of exercising treaty rights. You can apply for PR confirmation using EEA3 and evidence. The application takes 3-4 months. If the Pr Confirmation date is before the child birth you can use that for the passport application. Alternatively, you can provide the evidence as part of the child passport application. IPS will examine if you have obtained PR before the child birth and accordingly issue the passport.

yvonnie · Post by **yvonnie** » Sat Sep 15, 2012 9:57 pm

thank you so much Jambo, I appreciate all your help.

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