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  • LAWYER RESPONSE Apply to UK Citizenship

    Hello, We are a family of 5x all italian nationality.
    We do have already applied for the EU settlement scheme and received the confirmation. we live in UK since 2002
    please can you advise what will be the next step to receive the UK citizenship, we are both parents with italian nationality, our children are all born in UK 2003, 2009, 2012

    The children are born 8/10/2003, 2/12/2009 and 13/2/2012 all born in UK

    we've been resident in UK since October 2002, working and with National insurance since 2002

    what documentation we'll need ? please, thank you!

  • #2
    Originally posted by Giccone66 View Post
    Hello, We are a family of 5x all italian nationality.
    We do have already applied for the EU settlement scheme and received the confirmation. we live in UK since 2002
    please can you advise what will be the next step to receive the UK citizenship, we are both parents with italian nationality, our children are all born in UK 2003, 2009, 2012
    what documentation we'll need ? please, thank you!
    Good morning,

    As it is all the family applying we must distinguish the applications for the children (and according to their date of birth) and the application for the adults.

    I will start with the application for the children could you please confirm that the children were all born in the UK?

    Have you had the chance to read the following info post about how children obtain citizenship? Here it is for you to have a read UK citizenship for UK born children of EEA parents - UKCEN Citizenship and Residence for European Nationals and their families

    Assuming that all the children were born in the UK and the parents were married at the time then children were born, let's start with:

    Child born in 2003, (assuming in the UK) from parents who did not have PR or ILR - T form

    This child would have been born roughly after a year since you moved to the UK, when neither parents could have had the chance to obtain either ILR or PR status. But as the child at the time of the application has been living in the UK for at least ten years (2003 to 2021 is more than ten years) then this child can be registered as a British citizen (rather than apply for UK citizenship) using the T form even he has turned 18 at the time of the application.

    This is also highlighted in the following link:

    UK citizenship for UK born children of EEA parents - UKCEN Citizenship and Residence for European Nationals and their families

    where it says:

    Children (and adults) born in the UK who spent their first 10 years of life in the UK

    There is a route to citizenship for children born in the UK who have lived in the UK for the first 10 years of their life and meet the residence criteria and good character requirement. Such children can apply to register as British citizens – regardless of whether their parents have become settled in the UK. They can also apply to register even if they are now over 18 years old.
    and in the following link Registration of UK born children as British - forms MN1 and T - UKCEN Citizenship and Residence for European Nationals and their families

    where it says:

    Form T

    If the child was born in the UK and has spent the first 10 years here, as long as absences have not exceeded 90 days per year, they can be registered as a British citizen using Form T, regardless of the parents’ immigration status i.e. PR status or ILR, including settled status, is not necessary.
    • This form is for children born in the UK who have spent the first 10 years of their life living in the UK.
    • A child has to be over 10 years old to use this form
    • It can be used by both children and adults who meet the requirements.
    A minor who is unable to meet some of, or all of, the requirements may still have a right to be registered as a British citizen on the strength of his or her parents’ citizenship or immigration status or at the discretion of the Home Secretary.

    Form T guidance

    Online application form T
    It is generally easier to use form MN1 when the child is still a minor and at least one parent has acquired PR or settled status (ILR).

    Form T has to be used when:
    • Neither parent has acquired PR status or been granted ILR or settled status; or
    • When the "child" is already an adult (18 or over)
    In the above you will find the guidance of the application where you will find the list of the evidence required.

    Again the above is only relevant if the child was born in the UK. Please confirm. Thank you.

    I am the Group Founder and also an Admin, please refer to our Admin Team, Roles and Responsibilities

    Comment


    • #3
      Originally posted by Giccone66 View Post
      Hello, We are a family of 5x all italian nationality.
      We do have already applied for the EU settlement scheme and received the confirmation. we live in UK since 2002
      please can you advise what will be the next step to receive the UK citizenship, we are both parents with italian nationality, our children are all born in UK 2003, 2009, 2012
      what documentation we'll need ? please, thank you!
      Now let's take a look at the children born in the 2009 and 2012. Again assuming both children were born in the UK.


      For these children, it is important to establish if at least one of the parents had been working (or exercised treaty rights in an other way) for 5 continuous years by the time they were born.

      For more info on what exercising treaty rights means please read the following guidance:

      from page 4 heading 3.5 Children born on or after 30 April 2006 Link

      So if one of the parents has evidence that, for the 5 years before the birth of the child, he/she was exercising treaty rights, the parent can apply directly for the child passport because the child was born British.

      As also highlighted here in same info post as above UK citizenship for UK born children of EEA parents - UKCEN Citizenship and Residence for European Nationals and their families

      where it says:

      UK born children who are automatically British from birth

      Children born in the UK after 30 April 2006

      After this date, any child born in the UK is a British citizen from birth if at least one EU parent had PR (permanent residence) status OR settled status at the date of the child’s birth. This does not necessarily require the parent to have a PR card, the parent can claim to have acquired PR status based on evidence of exercising EU Treaty Rights for 5 years before the birth.
      More info on how to apply for a child passport when parents have evidence as above can be found here British passport applications for UK born children - UKCEN Citizenship and Residence for European Nationals and their families

      I am the Group Founder and also an Admin, please refer to our Admin Team, Roles and Responsibilities

      Comment


      • #4
        Originally posted by Giccone66 View Post
        Hello, We are a family of 5x all italian nationality.
        We do have already applied for the EU settlement scheme and received the confirmation. we live in UK since 2002
        please can you advise what will be the next step to receive the UK citizenship, we are both parents with italian nationality, our children are all born in UK 2003, 2009, 2012
        what documentation we'll need ? please, thank you!
        Now let's take a look at the parents application of UK citizenship.

        I understand both have settled status, hence the relevant info can be found here in the following links:...and you should also be aware of the potential impact on family members you may wish to sponsor in the future.

        Please note that, if applying with settled status, it may also be necessary to show you were exercising treaty rights for the previous 3 or 5 years, as noted here:
        Employment, financial requirements and treaty rights for citizenship - UKCEN Citizenship and Residence for European Nationals and their families


        If you are applying with settled status also please read this important info:

        Lawful Residence for applicants relying on Settled Status - UKCEN Citizenship and Residence for European Nationals and their families

        The good character guidance, treaty rights and CSI - UKCEN Citizenship and Residence for European Nationals and their families

        The parents could apply using the same online application (although the applications will be assessed by individual merits) Family applications and dependants - UKCEN Citizenship and Residence for European Nationals and their families I am not sure it is possible to apply at the same time for the children registration at the same time. I will ask a lawyer.

        There is a lot of info and please take your time reading what I have posted, it takes a bit to digest it all.

        It would be good if you could confirm the place of birth of the children, after that I will tag a lawyer to confirm that the info I have provided are correct and relevant, many thanks.

        I am the Group Founder and also an Admin, please refer to our Admin Team, Roles and Responsibilities

        Comment


        • #5
          The children are born 8/10/2003, 2/12/2009 and 13/2/2012 all born in UK

          Comment


          • #6
            we've been resident in UK since October 2002, working and with National insurance since 2002

            Comment


            • #7
              Giccone66 thank you for providing additional info.

              Tim M (lawyer) could you kindly check that the info I provided above for the children and the adult application is relevant and correct?

              I assume that only the parents will be able to do the family application online as the children are applying for registration am I correct?

              I am the Group Founder and also an Admin, please refer to our Admin Team, Roles and Responsibilities

              Comment


              • #8
                all 5 applicants can apply online at the same time (2 adults and 3 children). Indeed this is often the easiest way to do it as all 5 applicants can then book and attend biometric appointments together. Obviously the child born in 2003 will be 18 later this year so make sure to apply and submit online while he / she is still a child

                I am an Immigration Adviser with Commonwealth Immigration. I am also a volunteer with UKCEN, where I provide one-off advice on a pro-bono basis. This advice should not be considered a substitute for formal legal advice. Please see Tim M for full details.

                Comment


                • #9
                  OK so we can apply to what form? the AN correct?

                  Comment


                  • #10
                    I read the documentation and I understand that our first child born 8/10/2003 should apply with T form, and the two children born 2/12//2009 and 13/2/2012 should apply using MN1 form, correct? so my question is are we as parents can use the same forms or be included in the same?

                    Comment


                    • #11
                      Originally posted by Giccone66 View Post
                      I read the documentation and I understand that our first child born 8/10/2003 should apply with T form,
                      Afternoon,

                      Now you have provided the exact date of birth, I can see that the child is still under 18, therefore it's not necessary to use form T, since the other form, known on paper as MN1 and online just as "child under 18" can still be used, as long as the application is made before the child turns 18.

                      Originally posted by Giccone66 View Post
                      and the two children born 2/12//2009 and 13/2/2012 should apply using MN1 form, correct? so my question is are we as parents can use the same forms or be included in the same?
                      As you were here since 2002, it seems to me that these two children would have been born British, as you also say you've been working since then, you would have acquired PR status by 2007, and both children should just be able to apply for a British passport without registration, just by providing the documents in Table B of this document:Treaty Rights Guidance

                      I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities.

                      Comment


                      • #12
                        Originally posted by Tim M View Post
                        all 5 applicants can apply online at the same time (2 adults and 3 children). Indeed this is often the easiest way to do it as all 5 applicants can then book and attend biometric appointments together. Obviously the child born in 2003 will be 18 later this year so make sure to apply and submit online while he / she is still a child
                        Originally posted by Giccone66 View Post
                        OK so we can apply to what form? the AN correct?
                        You may want to refer to this post: Family applications and dependents

                        ...where you'll see:
                        family members in your application. Once you start your form, you get the option to add spouses, children and siblings to the form.

                        However, each individual will be assessed against the statutory requirements in their own right.

                        Click image for larger version  Name:	image_314.png Views:	3 Size:	42.4 KB ID:	5890

                        The fees are the same as for individual applications, there are no savings nor discounts for applying together as a family.

                        The main advantage of a family application is to have just one UKVCAS appointment for all applicants, as well as being able to upload shared supporting evidence where relevant.
                        So you can do a joint application for the two adults, adding the other one as "Partner 18 or older", and also add the teenager born in 2003 as "Child under 18", the other two kids would just need a passport application, which only costs around £80, so you are saving nearly £2,000.

                        With the teenager, if his application is not decided by his 18th birthday, you will receive a notification asking to pay the £80 ceremony fee, as long as the application is submitted online before he turns 18 it should be processed as a minor application on this form and no need for Form T which is a lot more complex.

                        I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities.

                        Comment


                        • #13
                          OK thank you ! so it will be a family application form , AN form right?

                          Comment


                          • #14
                            Originally posted by Giccone66 View Post
                            OK thank you ! so it will be a family application form , AN form right?
                            Yes, you start from the AN application and then have the opportunity to add your wife and your child born in 2003. As my colleague explained, the other two children might be able to apply directly for the passport and will not need to be included in your application and this will save you around £2000 in fees!

                            I am the Group Founder and also an Admin, please refer to our Admin Team, Roles and Responsibilities

                            Comment


                            • #15
                              Just to clarify - all 5 of you can apply together for citizenship online - in other words it is possible. However the younger 2 children may be able to apply directly for UK passports if you can show proof of employment for 5 years in the UK before they were born. The eldest children however does have to apply to be registered as a UK citizen - that child can apply online with both parents

                              I am an Immigration Adviser with Commonwealth Immigration. I am also a volunteer with UKCEN, where I provide one-off advice on a pro-bono basis. This advice should not be considered a substitute for formal legal advice. Please see Tim M for full details.

                              Comment

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