Passport Eligibility for Child Born Abroad
The client holds a Spanish passport and EU Settlement Status and has been residing in the UK for the past 12 years. They have a child born outside of the UK and are seeking information on applying for a British passport for the child. The inquiry revolves around understanding the eligibility requirements and application process regarding their residency status and the potential for their child's British citizenship.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkCan I apply for a British passport for my child who was born outside the UK if I have EU Settlement Status?
With your EU Settlement Status, your child may be eligible for British citizenship if you achieved settled status before their birth. However, complications may arise since the child was born outside the UK. It is essential to establish whether you were settled in the UK at the time of your child's birth. For a detailed assessment, refer to UK Government Guidance on EU Settlement and British citizenship for children.
What are the implications of my EU Settlement Status on my child's eligibility for British citizenship?
Your EU Settlement Status primarily concerns your right to live and work in the UK. It does not automatically confer British citizenship on your child born abroad. Specific criteria must be met, such as having been granted settled status before your child's birth, and your child's eligibility will depend on additional considerations. Further details can be found on the UK Government website.
Are there any specific requirements or documents needed for a British passport application for a child born abroad?
For a British passport application for a child born abroad, you'll need to provide the child’s birth certificate, proof of your identity and status in the UK (such as your EU Settlement Status documentation), and any evidence of your residency in the UK during the required period. Additional documents proving the parent's citizenship status may be needed if applicable. Check with the HM Passport Office for specific documentation requirements.
How does my citizenship affect my child's right to a British passport or citizenship?
Your citizenship can affect your child's entitlement to a British passport, as British citizenship is not automatically granted based on EU Settlement Status alone. Generally, British citizenship for a child born outside the UK depends on the British citizenship status of the parents at the time of the child's birth. You would typically need to naturalise as a British citizen yourself before your child can be registered as a British citizen.
Is there a time-sensitive aspect to applying for my child's British citizenship or passport given my residency status in the UK?
Yes, there is a time-sensitive aspect. If you intend for your child to acquire British citizenship via registration, you should apply before the child turns 18, as the process is simpler for minors. The child must also reside in the UK for at least 3 years before applying for registration.
