British Citizenship being an EEA national

khanb · Post by **khanb** » Wed Feb 27, 2013 10:51 pm

Hi,

I wonder if anyone could help me with this complex situation please.

1. I am a Lithuanian national moved to UK Feb 2004.
2. I had a son who was born in UK July 2005.
3. Son's father is a british national but his name is not on birth certificate
4. Son's has UK birth certificate and Lithuanian passport which was made for visiting family in lithuania
5. I have been working all the way long, paid taxes and has all the necessary documentation.
6. I am now married to another man who is not a father of a child but isn't British national but has ILR.
7. My son's father has asked me to add his name to birth certificate as he wishes his son to have his country passport too so that his son can visit his fathers family

Question:
1. How can I get british nationality/passport for myself and for my son?
2. What route should i take in order to apply for nationality, does it have to be Naturalization and then passport or .. ?
3. Any other suggestions please.

Thanks.

Post by **Jambo** » Thu Feb 28, 2013 8:17 am

Have you registered with WRS? When?

khanb · Post by **khanb** » Thu Feb 28, 2013 3:42 pm

I believe you are talking about Workers Registration Scheme? No I did not. Was not aware of any such thing and it's not applicable anymore as UKBA web site says.

Post by **Jambo** » Thu Feb 28, 2013 7:10 pm

The rules required employees to register (self employed were exempted). If you didn't register, then that time can't be used for PR and naturalisation.

Basically, your 5 years count to PR (and so are the 6 years for BC) started in April 2011 when WRS was abolished so you could apply in 2017.

As for your child, was the father a British citizen at the time of the child birth?

boloney · Post by **boloney** » Thu Feb 28, 2013 8:46 pm

Jambo wrote:The rules required employees to register (self employed were exempted). If you didn't register, then that time can't be used for PR and naturalisation.

Basically, your 5 years count to PR (and so are the 6 years for BC) started in April 2011 when WRS was abolished so you could apply in 2017.

As for your child, was the father a British citizen at the time of the child birth?

Jambo you should put info about WRS as a sticky, so many people did`t register and they still not aware that they should have it.

khanb · Post by **khanb** » Thu Feb 28, 2013 11:23 pm

I have just checked documents and luckily I can see that I did register back in October 2004. I completely forgotten about it.

Does this help?

Post by **Jambo** » Fri Mar 01, 2013 6:11 am

It does.

Have you worked for 12 months after the registration? If not, have you switched jobs? You would have needed to register again if you changed employer before completing 12 months of employment.

khanb · Post by **khanb** » Fri Mar 01, 2013 4:17 pm

I did switch jobs but did register again and then continued working more than 12 months for the same job.

Post by **Jambo** » Fri Mar 01, 2013 4:48 pm

Then it seems you are elgibile to apply for naturalisation once you pass the Life in the UK test.

You will need to provide proof of your WRS and employment for 5 continuous years + 1 year after that. The form to use is form AN. Check the Citizenship FAQs - Common Questions for more details.

As for your son, if you could answer my questions above, you will be able to get an opinion on that.

khanb · Post by **khanb** » Fri Mar 01, 2013 9:18 pm

No my sons father was not a British national until last year. Also his name isn't on birth certificate ..

Post by **Jambo** » Fri Mar 01, 2013 9:34 pm

See Adding a father's name to a birth certificate.

The UK born child could apply for registration as a BC under section 1(3) based on your settled status (Permanent Residence under EEA regulations which is obtained after 5 years). He doesn't need the father name on the birth certificate in order to apply.

You can apply for both of you together as some of evidence is required for both applications.

I guess you are aware that Lithuania doesn't allow dual citizenship so you will lose yor original citizenship once you are granted a British citizenship.

khanb · Post by **khanb** » Sat Mar 02, 2013 4:08 pm

cropped

Post by **Jambo** » Sat Mar 02, 2013 9:54 pm

khanb wrote:Thank you Jambo for all your information. May I ask one last question please?. As you mentioned about dual nationality. I am aware of such but I wonder what problems this could possibly cause?

I'm not familiar with Lithuanian law so I can't comment if this would cause you problems in Lithuania. It would not make a difference from the UK side.

khanb · Post by **khanb** » Tue Jun 04, 2013 8:52 pm

hiya,

sorry to trouble you all once again but I am preparing my naturalisation application and is in need of some help.

A) As you can see with my details I am a Lithuanian national, relocated to UK in early 2004.

B) My son was born in 2005 here in UK but he has Lithuanian passport

Questions:
A) Am I correct that I need to submit Form AN for Naturalisation and then apply for British passport?

B) Can I add my son on the same form?

C) Can my husband apply on the same form? My husband is a non EU national and was granted ILR in May 2013

Your help is much appreciated.

Post by **Jambo** » Tue Jun 04, 2013 9:08 pm

1. Yes. Once approved and after attending a citizenship ceremony you can apply for a passport.
2. No. Registration of children is using form MN1. There is a separate fee for that.
3. No. He needs to either wait 12 months from his ILR or wait until you become British (after ceremony) and apply then as a spouse of a British citizen.

khanb · Post by **khanb** » Tue Jun 04, 2013 9:46 pm

Just to be clear;

I need to submit form AN for myself and at the same time I need to submit Form MN1 for my son (I am trying to find fee on ukba website but can't locate it)

Once I have my ceremony done, my husband can apply or does he have to wait until I am in receipt of my passport. Oh just to be clear my Son is not my husbands' child though..

Thanks a lot...

khanb · Post by **khanb** » Tue Jun 04, 2013 9:59 pm

some more info..

my son's father was not a british national when he was born, he was granted british nationality and now holds British passport since Aug 2012. We weren't married either but I have his name added to my sons birth certificate too.. does this make any difference?

Post by **Jambo** » Tue Jun 04, 2013 10:03 pm

khanb wrote:some more info..

my son's father was not a british national when he was born, he was granted british nationality and now holds British passport since Aug 2012. We weren't married either but I have his name added to my sons birth certificate too.. does this make any difference?

Makes no difference.

Post by **Jambo** » Tue Jun 04, 2013 10:06 pm

khanb wrote:Just to be clear;

I need to submit form AN for myself and at the same time I need to submit Form MN1 for my son (I am trying to find fee on ukba website but can't locate it)

Once I have my ceremony done, my husband can apply or does he have to wait until I am in receipt of my passport. Oh just to be clear my Son is not my husbands' child though..

Thanks a lot...

As your son is UK born child, his application is not related to yours. In fact, he could have applied before you (once you have obtained PR status. Sometime in 2009).

For fees see - http://www.ind.homeoffice.gov.uk/siteco ... y-fees.pdf (all links are available in the forum FAQ...)

You don't need to have a passport for your husband to apply. Just be a British citizen (which happens in the ceremony). All is answered already in the FAQ.

khanb · Post by **khanb** » Wed Jun 05, 2013 9:43 am

Thank you for all the valuable information. One last question please if I may.

When my husband needs to apply for British citizenship, after my ceremony. which form does he need to use? please.

Post by **Jambo** » Wed Jun 05, 2013 12:03 pm

khanb wrote:Thank you for all the valuable information. One last question please if I may.

When my husband needs to apply for British citizenship, after my ceremony. which form does he need to use? please.

There is only one type of form which is the same one you use - Form AN.

khanb · Post by **khanb** » Sat Aug 10, 2013 5:06 pm

Hi Jambo,

I request your assistance once again please. My naturalization application has been accepted and I am attending ceremony on 29 Aug. As per information you provided before do you think my husband can make his application for naturalization on 30th August with copy of my certificate n all?

Thanks

facts · Post by **facts** » Sun Aug 11, 2013 3:39 pm

khanb wrote:Hi Jambo,

I request your assistance once again please. My naturalization application has been accepted and I am attending ceremony on 29 Aug. As per information you provided before do you think my husband can make his application for naturalization on 30th August with copy of my certificate n all?

Thanks

Correct, as Jambo mentioned earlier, your husband can apply after your ceremony. Just ensure other requirements are also met which you can find in FAQ.

Additionally, for the benefit of others, can you post your successful BC application timeline on Naturalisation application processing timelines please?

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British Citizenship being an EEA national

British Citizenship being an EEA national