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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Both my husband and I are Greek Cypriots. We came to

Resolved Question:

Hello, Both my husband and I are Greek Cypriots. We came to the UK in 2008 and had our 3rd child in 2010. I was a medical student at the time. I have been working as a doctor since 2012. I'm trying to get a passport for my 5 year old but my application keeps getting turned back for small reasons - now they want proof that I have lived and worked in the UK for 5 years prior to his birth, something that did not happen. Are they right to ask me this? According to gov.uk, my child is a British citizen, why are they giving me such a hard time? Thank you in advance.

PS. Now they claim section 1(1)(b) BNA 81 to back up their request for proof of employment / residency for 5 years before his birth.

Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,
Your third child is not a UK citizen as you did not live in the UK for 5 years before he was born as you were not permanent residents in the UK at the time he was born. You only get permanent residency after living in the UK for 5 years.
The passport office is therefore correct.
You would first need to apply for registration of the child as a British Citizen using form MN1 and once registered, your son would be entitled to a British passport. Registration will be smooth as you are now both permanent residents having lived here for 7 years.
The MN1 form is here
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/437169/form_mn1_06_15.pdf
The application fee is £749 which needs to be paid with the application using this form
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/441236/master_fees_leaflet_2015_02_07_15.pdf
Hope this helps
Hope this helps
Customer: replied 2 years ago.

Hello again,

I, in fact, registered as a permanent citizen a couple of weeks before he was born.

I went to the post office and got the certificate of permanent residence, and I have provided it to them.

Doesn't that make any difference?

Customer: replied 2 years ago.

I did not get an answer I could not find online. I also asked a follow up question that did not get answered.

Expert:  UKSolicitorJA replied 2 years ago.
Hello,
I have just seen your further questions.
I do not see how you obtained permanent residency in 2 years as you say you moved to the UK in 2008 and your son was born in 2010. Under EEA regulations, you only become permanent resident after 5 years.
It seems this is why you are having issues obtaining your child's passport.
Customer: replied 2 years ago.

Hello again and thanks for your response,

I am an EU and Commonwealth member. I voted on the parliamentary elections in 2010 and 2015. I have indefinite leave to remain without having to have proof. I still went to the Home Office and got a certificate of permanent residency (other people have to pay £300, I got it for free)

Under EEA regulations, you can become a citizen after 5 years, not just a permanent resident.

.

What if I got British citizenship? Would I still need to register him as well or would he just go on my passport and then get his?

Thanks again.

Expert:  UKSolicitorJA replied 2 years ago.
If you held ILR as you state, then your child would be a British citizen at birth and you may lodge a complaint about the way his passport application is being handled.
See here for the complaints procedure
https://www.gov.uk/government/organisations/hm-passport-office/about/complaints-procedure
You cannot add your children to a British passport, every child needs their own passport.
All the best
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