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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7481
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I lived and worked in the uk since september 2005, my son

Customer Question

Hi
I lived and worked in the uk since september 2005, my son was born in December 2009, im hungarian nationality. My son is 6 and i would like to know if he automatically can apply for a British passport he has a long expired Hungarians passport. He was born in the uk and lived here all his life and hasn't left the uk for 3years now. Regards kinga
Submitted: 4 months ago.
Category: Immigration Law
Expert:  Thomas replied 4 months ago.

Hi Kings

Have you applied for confirmation of your permanent residence yet please ?

.Tom

Customer: replied 4 months ago.
No
I havent. It cost an arm and a leg and im a single mum with no support. Cant afford it.
Customer: replied 4 months ago.
I he just googled it. Sorry got confused with the life in the uk test. Ni i haven't applied for permanent residence. Is it the EEA PR form with the £65 fee?
Expert:  Thomas replied 4 months ago.

Hi

Yes, PR is about £65. Have you applied for it yet?

Customer: replied 4 months ago.
No i haven't yet. If i have that can he have british passport ?
Expert:  Thomas replied 4 months ago.

Hi

I will be able to answer in about 15 mins.

Tom

Expert:  Thomas replied 4 months ago.

Hi Kinga

Thanks for your question. I will try to help.

As you had not worked in the UK exercising your treaty rights for 5 years before you son was born, he would not have acquired UK citizenship automatically at birth.

However, under s1(3) of the British nationality Act 1981 a child can apply to be registered as a UK citizen using form MN1 if their parents become “settled” in the UK after their birth and if the application is made before the child becomes an adult.

So, provided you can show that you have obtained PR then your child will first have to register as a UK citizen using form MN1. After they have received their certificate of registration they can then apply for a passport.

I would suggest that probably the safest way of doing this would be for you to apply for confirmation of your PR first, so that you can then easily show that you have PR for when you apply for your son to be registered as a UK citizen.

You can do this here:

https://www.gov.uk/government/publications/apply-for-a-document-certifying-permanent-residence-or-permanent-residence-card-form-eea-pr

Then, you can apply to register your son as a UK citizen here:

https://www.gov.uk/government/publications/application-to-register-child-under-18-as-british-citizen-form-mn1

Good luck.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Expert:  Thomas replied 4 months ago.

Hi

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided. If you have no further questions then please do leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

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