EEA mum registering baby as British Citizen - which option?

[Aleccia]

Hello everyone and thank you for your time reading this post.

I am Italian and due to give birth to my first baby in February.
I have lived in the UK for the last 6 years. During this time I have studied (with CSI covered from Italy) and worked during this whole time, I have never received any kind of benefits from the government or from ra charity.

I am due to give birth in the UK and I would like to register my daughter as a British Citizen at birth. I have read and read tons of policies and pages of this forum and I am kind of confused.

What is the best plan for me?

a) to fill in EEA3 form, get permanent residence before daughter is born and then apply for her passport or

b) just apply for her passport just after she is born, stating that I have lived and exercised treaty rights in the UK for the last 5 years?

I guess my question is which one is easier as I've seen the EEA3 application and it looks like it's a pain!

Also, when I will give birth to my daughter I will be unemployed. Does this affect my 5 years of exercising treaty rights? I guess not as I have already completed them?



On the other hand, I have come across this guide:
http://www.ukba.homeoffice.gov.uk/sitec ... de_mn1.pdf

which says:

A child born in the United Kingdom to an EEA national after 30 April 2006 will be a British citizen if their parent had been in the United Kingdom exercising EC Treaty rights in accordance with the Immigration (European Economic Area) Regulations 2006 for more than 5 years or has indefinite leave to remain

As a EEA national I already have a indefinite leave to remain, right? So maybe I don't have to go through the EEA3 application at all?

How long does this process of getting the passport for a baby take?

thank you for your time again

[vinny]

Probably best to obtain confirmation of PR (EEA3) prior to baby's birth.

Else, may also apply for child's confirmation of British nationality status or British passport.

[Aleccia]

thank you vinny.

So the indefinite leave to remain does not apply in my case?

When I receive permanent residence I use the certificate to apply for baby's passport when she's born, right?

[jotter]

You'll need to decide what's the lesser of the two evils. Either:
1) Apply for EEA3 and get your own PR first. This will mean needing to provide 5 years worth of treaty rights evidence. Any continuous 5 years will do. Once you have PR, applying for the passport is more straightforward. Note, though, that if you do go for EEA3 and the application is decided only after the birth date of your child, your PR card date will be later than the child's birth date. Then you might need to provide a covering letter in addition to your PR card to remind them that your 5 years of treaty rights was completed at an earlier date. Then the UKBA will need to decide whether they need to see any of the evidence again before issuing the passport.
2) Don't bother with EEA3. This means that you would then need to submit your treaty rights evidence as proof of settlement at the time of applying for the passport.

I believe 1) is the more well-trodden path and probably the one I'd recommend, but you might want to weigh it up depending upon when your child is due. Normally reckon on about 3 months for an EEA3, although it might come sooner.

One thing to be clear about. You mention the word 'registration' in your post. Registration is an immigration process whereby a child can become a British citizen if their parents are not settled at the time of birth but become settled later, and involves an MN1 application and several hundred £. As long as you can prove that you were settled at the time of the birth, you will not need to go through that process as your child will already be British. You'll just need to apply for the passport.

[vinny]

So the indefinite leave to remain does not apply in my case?

No.

When I receive permanent residence I use the certificate to apply for baby's passport when she's born, right?

Yes.

[Jambo]

First of all, if you have PR status you don't need to register the child as British as the child will be automatically British (Registration is the process of applying to become British if you are not British).

Second, whether to go for PR Confirmation using EEA3 or directly for the passport would in my view depend on the evidence you have. If you worked continuously for 5 years, have 5 P60s and the level of salary was reasonable to have a living off, I would skip the EEA3. If your employment is sketchy and you might need to rely on your student status as well (with the CSI from Italy), I would apply for PRC. Would make the passport application much simpler.

[Aleccia]

thank you very much jotter, I think option a) is the best, I don't want the hussle of getting all the paperwork together while taking care of a newborn. You are right about the registration, so I guess the process will not be any different than any other baby being born to British Citizens?

vinni thank you, that makes sense. I don't get why I don't have indefinite leave to remain though, who has it then?

[Aleccia]

If your employment is sketchy and you might need to rely on your student status as well (with the CSI from Italy), I would apply for PRC. Would make the passport application much simpler.

It is. It will involve CSI paperwork and different payslips from different jobs as well, so I think going for EEA3 is best option, you are right.
Thank you Jambo.

[jotter]

thank you very much jotter, I think option a) is the best, I don't want the hussle of getting all the paperwork together while taking care of a newborn. You are right about the registration, so I guess the process will not be any different than any other baby being born to British Citizens?

vinni thank you, that makes sense. I don't get why I don't have indefinite leave to remain though, who has it then?

Indefinite Leave to Remain (ILR) is a formal immigration status acquired only by people who become settled under UK-law. Since you are an EEA national, you don't get ILR, you get PR instead.

[vinny]

Indefinite leave to remain is granted under the Immigration rules.
Permanent residence is acquired under the EEA regulations.

[Aleccia]

Not that it matters at all - just being curious! Why do they say in the guide:

A child born in the United Kingdom to an EEA national after 30 April 2006 will be a British citizen if their parent had been in the United Kingdom exercising EC Treaty rights in accordance with the Immigration (European Economic Area) Regulations 2006 for more than 5 years or has indefinite leave to remain


if ILR doesn't apply to EEA nationals at all why even mention it?

Again, I know it doesn't change my situation, just trying to understand!

[jotter]

I think the indefinite leave to remain in this context probably refers to EEA nationals who became settled back before 2006. Back then EEA nationals needed to apply for ILR like UK-law applicants. This requirement was abolished under the 2006 EU Immigration Rules and replaced by the current 'automatic after 5 years' rule. I agree that it's not very clear. It's probably a clause that was clear at the time it was put in and has then never been updated since.

[Aleccia]

thank you jotter, you must be right, I've never come across anything that says that EEA have to apply for ILR, at least as long as I've been in the UK.

thank you all again