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LawyerAk
LawyerAk, Solicitor
Category: Immigration Law
Satisfied Customers: 1724
Experience:  Expert in Immigration and family law
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I’d like to learn about my child’s immigration status (I.e

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I’d like to learn about my child’s immigration status (I.e British citizenship) if she was born in the UK in 2017 to EU citizens living in England since 2005.
JA: What steps have you taken? Have you filed any paperwork with the UK government? What country do you live in? What is your citizenship?
Customer: Living in England.
JA: Have you talked to a lawyer about this?
Customer: Not yet
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Not taken any steps yet. Mother is Polish and father German.

Good evening,

Customer: replied 12 days ago.
Good evening

Do the parents have settled status?

Customer: replied 12 days ago.
Are you able to answer my question please?
Customer: replied 12 days ago.
Sorry, yes we both do
Customer: replied 12 days ago.
Officially since Oct 2019 Dad and Dec 2019 Mum

Then the child can apply for naturalisation as a British citizen using form MN1.

Customer: replied 12 days ago.
Albeit we would have already acquired the status automatically in 2010 (after living here for continuous 5 years)

It’s an online application as you both settled status she will qualify.

Customer: replied 12 days ago.
just to be sure, we didn’t have to have the settled status in the form of certificate/letter at the time she was born?
Customer: replied 12 days ago.
Could you please answer this final question for me as there’s conflicting information on the internet?

Even if the child was born and you did not have settled status at time as you do now the child can apply. I will send you the MN1 guidance.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/817215/Guide_MN1-Jul19.pdf

Customer: replied 12 days ago.
Thank you. I just don’t understand why settlement hotline advisors are also telling us that she needs to apply for settled status and after 12 months will become eligible for citizenship due to the fact that parents did not have documentation proving their permanent/settled status in the UK at the time she was born.
Are these people misinformed? Why are they giving incorrect advice?

When she applies for naturalisation as a British citizen she can then proceed to apply for British passport. I’m not sure about the advice you received but I can only advise as per the law on this.

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