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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7617
Experience:  UK Lawyer holding practising certficate for England & Wales.
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My partner and I are European Nationals with German

Resolved Question:

Hi Tom, my partner and I are European Nationals with German passports,we have been living and working here for 8 and 9 years respectively, our child (8 years) was born in the UK and has never been living anywhere else. However, due to our nationality he also has a German passport. We want to check what are our and his rights in terms of permanent UK residency and/or citizenship without loosing the German citizenship and the process for this. I am aware of EEA PR application process and information required, but I am worried with the Brexit vote things will be more difficult for us. Do we need to apply to secure our right to own property etc. Thanks for advice.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.

Hi,

Have you applied for and obtained confirmation that you or your spouse have "permanent residence"?

Tom

Customer: replied 1 year ago.
No, we have not yet applied.
Expert:  Thomas replied 1 year ago.

Thanks. Drafting your answer now. 5 mins please.

Expert:  Thomas replied 1 year ago.

Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

You, your wife and your son will be fine. Your right to stay in the UK is highly unlikely to be in jeopardy.

Because you and your wife have worked in the UK for longer than 5 years, you would be regarded as having “permanent residence”. However, because you have not yet applied for confirmation of your PR you do not actually have a document which formally states that you have it.

So, I would suggest that you and your wife apply for PR (https://www.gov.uk/apply-for-a-uk-residence-card/permanent-residence-card ).

Once you have PR you then have absolute proof of your right to be in the UK indefinitely. This won’t change as a result of an exit from the EU (which is still far from certain and won’t happen for a considerable time).

Your son is entitled to be registered as a UK citizen under s1(3) of the British Nationality Act. This is because he was born in the UK to parents who are not British citizenship or settled (ie. holding PR) at the time of his birth but who have subsquenelty become “settled” (ie. you have PR). I would check that the German government accepts dual citizenship (but I believe they do).

The slight issue is that you do not hold documentary proof of your PR status, because you have not applied for confirmation of your PR status. So, in the case of your son I would wait until you/your wife have had your PR confirmed and then apply to register your son as a UK citizen. Note, this is different to simply applying for a passport because you are applying for registration as a UK citizen:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/483729/MN1_Guide_December_2015.pdf

Once you have obtained a certificate of citizenship for your son, you can then apply for a UK passport for him if you wish.

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

Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.
Tom, Thank you so much for sorting my questions so swiftly and competently. This is very helpful.FYI - Germany does allow dual citizenship since 28 Aug 2007 for German citizens who wish to acquire citizenship in another EU member state or Switzerland, so with Brexit underway, this might change. In any case, if someone asks these days, you may want to share this link to German Embassy FAQ.http://www.uk.diplo.de/Vertretung/unitedkingdom/en/07/German-Citizenship/FAQ/__Citizenship-FAQ.htmlFollowing an amendment to the German citizenship legislation taking effect as of 28 August 2007 German citizens do not lose their German nationality any more when they acquire upon application the citizenship of another EU member state or of Switzerland.
Consequently, if a German citizen acquires British citizenship after 28 August 2007 he or she will not lose German citizenship but may automatically have two citizenships.
However, please note that this rule does not apply to
- German nationals who applied for and received an EU/Swiss citizenship before 28 August 2007, or
- German nationals who wish to apply for a third state citizenship, i.e. of a non-EU member state.
In these cases German nationality is usually automatically withdrawn unless a formal permission ('Beibehaltungsgenehmigung') to retain German nationality is granted before applying for the other citizenship.Again, Thanks for your help.
Expert:  Thomas replied 1 year ago.

Hi,

I would not feel comfortable commenting on German law, but you're welcome.

Tom