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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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My question is in regards ***** ***** son's right to a

Resolved Question:

Hello,
My question is in regards ***** ***** son's right to a British passport. I applied for him and was told that as I have been exercising treaty rights in the uk for less than 5 years, my son cannot have the passport. I would like to know if we can claim it on behalf of my husband's status
He came to the uk in September 2009 as a student. In February 2013 he received his visa as a family member of an EU citizen. Thank you.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
I’m afraid that if you husband only switch in 2013 to his residence card as the family member of an EEA national (ie. you) then he would not meet 5 years required for permanent residence either. Therefore, neither of you would be regarded as having permanent residence, which means that your son is not eligible for a UK passport yet.
Once you reach 5 years in the UK exercising your treaty rights then your son will be eligible and you can then apply for a passport on his behalf.
I am sorry that I could not have better news for you
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
Customer: replied 1 year ago.
Hi Tom. Thank you for your answer. I have been here for more than 5 years now, however they said that I need to have been in the country for 5 years at least before my son was born.
Expert:  Thomas replied 1 year ago.
Hi,
Basically, you (yourself) needs to obtain a certificate of permanent residence.
Once you have this your son will be eligible for citizensihp by registration. This is different to automatically getting citizenship. When you get PR your son would be eligible under s1(3A) of the British Nationality Act 1981.
Once you get PR you can apply for your son to be registered as a UK citizen by apply using form MN1:
https://www.gov.uk/register-british-citizen/born-in-uk-after-1983
Please remember to leave feedback.|
Kind regards,
Tom
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