Is my son a British Citizen?

norabali75 · Post by **norabali75** » Fri Jul 26, 2013 11:41 pm

HI

my son was born on 13/1/13 a month before I would have competed 5 years of working in the UK. I'm a German national and have been in full time employment in the UK since 18 Feb 2008.

What do I do? do I register him as a British National or is he automatically a British Citizen even though? should I apply for a passport in one years time? noting that I am now considered settled (though not when my son was born ...).

Many thanks.

Nora

Post by **Jambo** » Sat Jul 27, 2013 12:11 am

Did you live in the UK before you started working? What have you been doing in the UK before February 2008?

Was your son born in the UK?

norabali75 · Post by **norabali75** » Sat Jul 27, 2013 12:23 am

I came to the UK in Dec 07 when I applied for the job and then lived with a friend during January until I found a place to live in and subsequently started work in Feb 2008.

My son was born in the UK yes.

Post by **Jambo** » Sat Jul 27, 2013 12:38 am

Then your child is already British.

The reason is that for the first 3 months, there are no restrictions on what you do in the UK. After 3 months you are required to exercise treaty rights in order for your residence to considered so assuming you worked continuously for (almost) 5 years, you would have obtained PR in Dec 2012 (5 years after moving to the UK). PR status is obtained automatically so as your son was born in the UK after you have obtained PR status, he is British from birth. You can apply directly for a passport providing proof of your residence for 5 years before his birth (5 P60's). It would be advisable attaching a cover letter explaining your situation to the examiner.

If you wish to apply for BC for yourself, you can do so from December 2013 assuming you meet the standard requirements.

norabali75 · Post by **norabali75** » Sat Jul 27, 2013 1:47 pm

Thank you very much! So all I need to do now is to get an application form from the post office for the passport supported with P60s and a convering letter?

Nora

Post by **Jambo** » Sun Jul 28, 2013 10:17 am

Exactly. In the cover letter state you moved to the UK in December 2007.
Provide P60's as evidence.

norabali75 · Post by **norabali75** » Sun Jul 28, 2013 11:04 am

Many thanks, much appreciated.

norabali75 · Post by **norabali75** » Wed Jul 31, 2013 9:26 pm

Hello, me again.

I have an appointment with the passport people tomorrow and I'm now concerned that they might ask me for proof that I came to the UK in December 07, which I don't have or dont know what it could be really... I lived with my friend and moved out from her place in March-08 a month after I started working and a few after I arrived in the UK.

Do you know whether they usually do ask for some kind of evidence?

Many thanks.

Nora

norabali75 · Post by **norabali75** » Wed Jul 31, 2013 10:25 pm

I have 6 P60s the first being for 3 month from Feb-2007 to March-2007 and then another 5 until April 2013. so these show that I have worked for more than 5 years but don't proof that I moved in in December 2007.

Post by **Jambo** » Wed Jul 31, 2013 10:38 pm

Any particular reason you went for a (more expensive) in person application than a postal application?

There was a report a while ago from someone who had difficulties convincing the examiner in the passport office that his child is British (he was also a EU national). He then sent the application by post and got it.

Have you got a record of your flight to the UK or maybe bank statements that show money withdrawl or transactions in the UK for that period?

norabali75 · Post by **norabali75** » Wed Jul 31, 2013 10:58 pm

I just checked- my account shows that it was inactive before December 2007 and then transactions starting in December 07- showing names of British retailers- that is all I can provide as evidence...

Do you know whether they usually ask for proof in addition to the P60s?

Yes I need the passport urgently ... I have prepared a cover letter anyway, based on what you have explained to me... so maybe he'll just consider that and I dont have to explain anything verbal... I dont know.

Post by **Jambo** » Wed Jul 31, 2013 11:25 pm

You might be Ok without any evidence. You might need to show you have moved in December. You might need to explain that you are not required to work in the first three months (you can point them at this section in the UKBA website - EUN 01.3.

Good luck tomorrow.

norabali75 · Post by **norabali75** » Wed Jul 31, 2013 11:31 pm

Thanks a lot Jambo

Post by **Jambo** » Wed Jul 31, 2013 11:40 pm

By the way - isn't the child German? Wouldn't be quicker to get him a German children passport?

norabali75 · Post by **norabali75** » Thu Aug 01, 2013 1:05 am

The Germans are taking their time.. I'm in the middle of a name declaration (my son and I dont have the same surname) which can take up to 8 weeks and which was delayed because they wanted certain documents to be certified first... once- and this could be in a month or 2 - I get the declaration I can apply for his passport... so I'm really hoping that with the fast track I can have the British passport in a couple of weeks.

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Is my son a British Citizen?

Is my son a British Citizen?