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Buachaill, Barrister
Category: Law
Satisfied Customers: 10536
Experience:  Barrister 17 years experience
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I am a EU national who has lived and worked in the UK

Customer Question

I am a EU national who has lived and worked in the UK for over 20 years. I hold an Austrian passport as does my 11 year old son as I was not married to his British father at the time of birth (April 2005).
I understand that I have to complete a EEA (PR) form for myself to apply for a registration certificate as confirmation of my right of resident.
Which form do I need to complete for my son, and under which category - as a family member of an EEA national (me), or is there a different way of applying for him due to his father being British?
Thank you very much.
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
my email address is***@******.***
Expert:  Buachaill replied 1 year ago.
1. Your son is entitled to UK citizenship by descent because he has a British father and has lived for three years in the UK following his birth. Accordingly, you should be making an application for registration of your son's birth as a citizen of the UK under section 3 of the British Nationality Act. That avoids any need to apply under EU enactments to show he can live in the UK. It will also mean that he will qualify for the "home" rate of school fees should he be going to private school.
Expert:  Buachaill replied 1 year ago.
2. dear Clea, here is a link to the form to fill in to register your child as a UK citizen is also a guide which will assist you in filiing in the form. Be aware that it makes no difference that you were not married to the father at the time of the birth of your child. This is a free standing right of the child to citizenship. Be aware additionally that you are also entitled to apply for UK Citizenship as you have resided for three years in the UK married to a UK national. This would also greatly assist your situation and avoid having to apply for a visa. be aware that an adult or a child can hold joint or dual citizenship under UK law, so there is no impediment to you holding both UK and Austrian citizenship.
Expert:  Buachaill replied 1 year ago.
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Customer: replied 1 year ago.
My understanding is that British Citizenship due to his father being British but with the parents not married at the time of his birth was only introduced one or two years after 2005. Is this not the case?In any case I my son would not be able to have dual nationality as the Austrians would not permit this. I do not want him to lose Austrian citizenship so I am not seeking for him to have British citizenship at this time. Also, I have never been married to a British Citizen and will therefore have to apply for the document certifying permanent residence in my own right as having lived and worked here for more than five years.Could I therefore ask you to look at my original question again, please?Many thanks
Expert:  Buachaill replied 1 year ago.
4. Dear Clea, firstly, there is no requirement that a child be born to married parents in order to acquire British citizenship. almost 40% of the children born in the UK are born to unmarried parents and this does not prevent the child becoming a British citizen. Similarly, this rule never ever applied in the UK. Once you had a British father, you always got British citizenship irrespective of whether the father was married to the mother or not. So your understanding of the law here is incorrect.
Expert:  Buachaill replied 1 year ago.
5. Secondly, your son can apply as a Family member of you under an EEA Family Permit. However, this ignores his rights as a UK citizen. Be aware that Austrian nationality law allows dual nationality to those acquiring another nationality at birth, such as children born to Austrian parents in another country, thus automatically gaining citizenship of that country, or those born with an Austrian and a foreign parent. So here, Austrian law, does not prevent your child acquiring UK citizenship at birth.
Expert:  Buachaill replied 1 year ago.
6. Here is a link to applying for an EEA Family permit You and your son would both qualify for a five year Family Permit. The permit is for six months initially and after six months you apply for a permanent residence certificate which lasts for another five years.
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Customer: replied 1 year ago.
I have just looked at the link and copied the first part below - I can't see how this would apply to us with us both being EEA natinoals?EUN2.1 What is an EEA family permit?
An EEA family permit is a document that we issue to make it easier for non-EEA family members of EEA nationals to travel with their EEA national or to join them in the UK. EEA family permits are issued under the Immigration (European Economic Area) Regulations 2006 and not the Immigration Rules. The permit is issued ahead of a person’s travel to the UK and is valid for six months and is free of charge.
Expert:  Buachaill replied 1 year ago.
7. I am sorry if this is a bit confused. As an Austrian, you don't need any residence card to live and work in the UK. However, in your initial question, you stated that you needed an EEA (PR) card. This is what is given to non EEA nationals to prove they have a permanent right to reside in the UK. Accordingly, I assumed someone in your family was on an EEA Family Permit. As an Austrian national, you can apply for an EEA (PR) card to show you are entitled to social security and access to the NHS. However, this is only necessary for non EEA NATIONALS. You will already get both simply by showing your Austrian national passport. This is where the confusion arises.