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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7602
Experience:  UK Lawyer holding practising certficate for England & Wales.
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We are expecting our first child here in the UK. Me and my

Resolved Question:

Hi,
We are expecting our first child here in the UK.
Me and my wife are both Hungarian citizen have been living and working in the UK more than 5 years now.
We have not applied for permanent residence yet.
My question is when my daughter will be born can I apply for British citizenship for her? If so when/how please.
Thank you for your help with this.
Matt
Submitted: 10 months ago.
Category: Immigration Law
Expert:  Thomas replied 10 months ago.

Hi

Will you have applied for PR by the time your child is born please?

Tom

Customer: replied 10 months ago.
HiI will send our application for PR by the time she is born but it is unlikely there will be a decision made by then.
(Our child is due on the 8th of October 2016 and I will send the PR applications in the next two weeks).Thanks.
Matt
Expert:  Thomas replied 10 months ago.

Hi

Thanks for your question. I will try to help.

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.

So, if you have worked in the UK for 5 years and are able to prove this with documentary evidence of your working here across the whole 5 years then your child would automatically be a UK citizen and you can apply for their passport.

If you are not able to gather together comprehensive supporting evidence showing you working across the 5 years then if your child is born and you then subsequently have your PR confirmed then you will have to apply to register the child as a UK citizen because they will not get their citizenship automatically. This means that you would have to apply using form MN1 once you have PR. Your child will receive a certificate of citizenship and then you can use this to apply for their passport.

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

Customer: replied 10 months ago.
Hi,Thank you for your answer.Is there any other way to show or prove that I have been working across the 5 years as I do have all supporting evidence in hand (contracts, P60's) but will not have the PR confirmed by the time my child is born.And let's assume I have my PR confirmed before my child is born then who I need to contact or give that form or what documentation I need to fill in to be able to get the UK citizenship for my child automatically?Many thanks for your help.Matt
Expert:  Thomas replied 10 months ago.

Hi,

Your employment contracts, P60's, tax returns, bank statements, any correspondeonce from your employers will be needed to make the application.

If you have your PR confirmed before birth then you do not need to do anything other than apply for the child's passport.

Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Customer: replied 10 months ago.
HiOK, thank you.But I guess my first question is still stands. Is there any other way to prove the 5 years, other than having the confirmed PR?Thank you.Matt
Expert:  Thomas replied 10 months ago.

Hi,

You prove 5 years exercising treaty rights with documentary evidence (P60 etc), you have to submit these documents in order to prove your PR eligiblity when you make your PR application.
Please remember to leave feedback

Tom

Customer: replied 10 months ago.
Hi,Yes I understood that but it was not the answer to my question.I think my question was not clear enough.
Let me just put this question in a different way.Is a confirmed PR the only document which is accepted when I apply for UK citizenship for my child?Many thanks and sorry for being a pain.Regards,
Matt
Expert:  Thomas replied 10 months ago.

Hi,

Yes, basically, you need to have PR confirmed in order to apply for your child's citizenship.

Please leave feedback now.

Tom

Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 10 months ago.
Hi,Thanks for your help it was useful.Regards
Matt

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