How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask UKSolicitorJA Your Own Question

UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
62162956
Type Your Law Question Here...
UKSolicitorJA is online now

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: 1 year ago.
Category: Law
Expert:  UKSolicitorJA replied 1 year 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 1 year 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 1 year 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 1 year 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 1 year 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 1 year 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
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
UKSolicitorJA and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions