My wife is Swedish, she's lived in the UK for 10 years and we're pregnant. I assumed her permanent resident status (lived in the UK for more than 5 years) would automatically grant our children British citizenship.
However, I just read the language of the rules:
Children born: on or after 30 April 2006 will be British citizens if at least one parent [who is an EEA national, but not a UK citizen] lived in the UK continuously for five years pursuant to their rights under European law prior to the birth.
My wife is a "permanent resident" and kept a bank account and her "primary address" is in the UK, and now we're back, but she spent in the neighborhood of 22 months (cumulative) traveling the world with me. We went back to the UK 3 different times, but not for more than about 1-2 months each time (longest continuous absence was 13 months).
I guess my questions are, do those 5 years have to be directly prior to the birth of the child? Or anytime prior? And if it's directly prior, will having kept a permanent address in the UK suffice? She spent a full eight years both studying and working before traveling. Will British citizenship be a given for my child or are we going to have something to prove?
I'm not sure I want to jump to conclusions just yet, but I just found this: http://www.wandsworth.gov.uk/info/200511/nationality_and_citizenship/1695/nationality_checking_service_ncs/4.
"Evidence that one parent has exercised treaty rights in the UK for 5 years" doesn't imply in the 5 years directly prior to the birth of the child.
Does anyone have any conflicting info?