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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7620
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Hi Thomas,my sister in law and her husband have been living

Resolved Question:

Hi Thomas,my sister in law and her husband have been living in the uk for the past 6 months,3 months ago she had a baby and he is regestered here in the uk,my sister in law has a romanian passport and her husband a bulgarian passport,is the baby entitled to a uk passport?
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.
Hi,
Thanks for your question.
Do either of the child's parents hold Permanent Residence?
Kind regards
Tom
Customer: replied 3 years ago.

No they do not

Expert:  Thomas replied 3 years ago.
Hi
I am now out of the office for the evening. May i please reply in full tomorrow at 9 a.m.?
Kind regards.
Tom
Customer: replied 3 years ago.

Yes no problem

Expert:  Thomas replied 3 years ago.
Thanks.
Expert:  Thomas replied 3 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
I’m afraid that the child will not yet be entitled to UK citizenship. This is because in order for the child of EEA citizens who is born in the UK to be automatically a UK citizen then parents must have been in the UK exercising treaty rights for 5 years.
Therefore, at the moment the child does not qualify.
However, once the parents have been in the UK for 5 year exercising their EEA treaty rights (eg by working or studying or being self-sufficient) then they can apply to register their child as a UK citizen. They would have to do this by submitting form MN1:-
https://www.gov.uk/government/publications/application-to-register-child-under-18-as-british-citizen-form-mn1
Before they submit the above application they should apply for Permanent Residence:-
https://www.gov.uk/eea-registration-certificate
You will see this confirmed at the bottom of the above link.
Once the child has been registered as a UK citizen they can apply for a UK passport for the child.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
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