Ah fair enough. I guess I didn't do enough homework and posted in haste!
Don't worry, you were correct.
EU law is complicated and changes all the time.
I don't imagine there is any country that will give out a first passport without proof that they are a citizen.
What homework should he have done as a newborn baby when his parents chose not to register him as British?
When he applied fora British passport at age 32, he should have checked to see if he was British and followed the guidance of documents that he needed to provide as proof of citizenship for his first passport.
As for what his parents did or didn't do, that's nothing to do with him.
Many EEA citizens never thought the UK would leave the EU and therefore their son (and they) could have held the EU's "PR" and could have just stayed in the UK. As long as they didn't leave the UK for 2 years, they kept their PR. But PR is EU laws and EU laws will end on a Brexit. The article did say that Brexit is why he wanted a British passport.
Why should he have questioned his right to live in the country where he was born and lived all his life?
Because being born in the UK does not mean they are British. Nor does living in the UK mean you are legally in the UK, even if you are an EEA citizen.
Not to mention that he actually does have a claim to British citizenship because he was born after 1 January 1983 to parents who were settled in the UK.
That is UK immigration laws. Before the 1 January 1983, those born in the UK were born British. As you say, he was born "after" the 1 January 1983, therefore there is no claim to citizenship from that.
"Settled" under EU law (EU law is what he and he parents used to be in the UK) changes all the time. They didn't have UK "visas".
His problem is that the Home Office is demanding proof of their settled status, which he is having trouble supplying. From the sound of it, the HO is being unreasonable. Shocking, of course.
Actually the EU is the one who says they they have to prove their status in that EEA country. If they aren't legal under EU laws, then the EU says they can be removed (deported) and banned.
At the time he was born, IF his parents can prove they were an EEA citizen legally working in the UK, then he was born British. It seems his parents either weren't doing that at the the time of his birth or they can't prove that. They won't take their word for it for obvious reasons.
I'm not 100% sure that self employment was allowed back then (the article said his father was SE) so that might be why the paper says he needs proof that his mother was working in the UK when he was born in the UK, for him to claim British citizenship from birth? An EEA citizen who was working in the UK back then, was classed as "settled".
Later the EU brought in free movement and it's Directives of 'must be a "
qualified person" all the time to be exercising treaty rights of free movement in another country, to then have a "
right to reside" in that country.
Children born in the UK to parents who are just QPs, does not make that child born British. They take the citizenship of their parents. An EEA citizen who is a QP is not "settled".
An EEA citizen continuously execcising treaty rights for 5 years automatically get PR in that EEA country. PR is "settled". EU laws end at PR and have nothing to do with citizenship of that country.
If they
held PR (settled) when their child was born in the UK, then their child was born British. Like all first applications for a British passport, they too have to prove theor child was born a British citizen, by providing the evidence that the parents have obtained PR.
The parents then follow the laws of that EEA country if they want citizenship. 5 years as a QP for automatic PR and then 1 year for British citizenship, whereas I believe it is 5 years as a QP and them a further 3 years (total 8 years) for German citizenship.
Therefore following the EU rules, he must either:-
show proof one of his parents were working in the UK under EU rules when he was born years ago,
OR
he has automatically got PR under EU rules, he can apply for his DCPR and then apply for British citizeneship.
As EU laws stop at PR, EEA citizens have to do everything and pay the same fee for BC as all those who used UK immigration rules (visas). That amount of that UK fee comes as a shock to those who haven't used UK visas to be in the UK and have been in the UK for free up to that point.