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Old Residence Permit - Passport Application for Dependent

Old Residence Permit - Passport Application for Dependent

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Old Apr 3rd 2023, 2:22 pm
  #1  
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Default Old Residence Permit - Passport Application for Dependent

My husband is a EU Citizen who moved to the UK in 2004. He received a Residence Permit in April 2005. Unfortunately, it expired and I stupidly got rid of it, however I kept the Home Office letter that initially accompanied the residence permit. My question is, can I apply for a British passport for my son who was born in 2008 (so my husband was not exercising 5 years treaty rights by this time), without having to apply for citizenship for my son, due to my husband having a residence permit at the time? I tired to contact the home office but I seem to have been sent in circles.
Thank you to whomever can help.
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Old Apr 3rd 2023, 2:42 pm
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Default Re: Old Residence Permit - Passport Application for Dependent

What was your status at the time of your son’s birth?
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Old Apr 3rd 2023, 2:47 pm
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Default Re: Old Residence Permit - Passport Application for Dependent

I had Right of Residence as a family member of a EEA National (my husband).
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Old Apr 3rd 2023, 3:44 pm
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Default Re: Old Residence Permit - Passport Application for Dependent

Your husband would have needed to have exercised his Treaty rights in the UK for a period of at least five consecutive years prior to your son’s birth in order for your son to automatically be a British citizen at birth.

As this is not the case your son will need to be registered as a British citizen before he can apply for a British passport.
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