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UK immigration status of baby born in UK (Father EU citizen)

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lindanirvana
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UK immigration status of baby born in UK (Father EU citizen)

Post by lindanirvana » Tue Nov 20, 2007 4:00 pm

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Last edited by lindanirvana on Tue Jan 05, 2010 12:09 pm, edited 1 time in total.

lindanirvana
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Post by lindanirvana » Wed Nov 21, 2007 9:09 am

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JAJ
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Post by JAJ » Wed Nov 21, 2007 3:43 pm

lindanirvana wrote:Thank you for your answer.
And yes you are right, an we are not worry at all as we understand that since my baby will be an EU citizenship he will have all the rights to live in the UK, but I was just wondering whether we need to register him as well as a family member of a Residence certificate holder or not just in case.

Since our baby will be born in the UK I know he will be eligible for UK citizenship once one of us receives or Permanent Residence, but to be honest with you, that’s the less of our worries.
You'll get Permanent Residence once the you have clocked up 5 years in the U.K.

Then the child can be registered as a British citizen.

What EU state are you from? Do you plan to become British citizens yourselves?

lindanirvana
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Post by lindanirvana » Wed Nov 21, 2007 4:25 pm

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Last edited by lindanirvana on Tue Jan 05, 2010 12:10 pm, edited 1 time in total.

vinny
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UK immigration status of baby born in UK (Father EU citizen)

Post by vinny » Wed Nov 21, 2007 11:47 pm

In general, non-British babies born in the UK are in the UK legally. They are not required to make any immigration application for leave to remain in the UK (Chapter 8 - Family members, Section 4a - Children born in the United Kingdom who are not British Citizens and Chapter 8 - Family members annexes, Annex P - General guidance).

Moreover, see also 21.4.15 After entry:
Please note, registration certificates and residence cards are not currently required in the UK in order to be considered legally resident. (EEA nationals and their family members may choose to apply for this documentation as confirmation of their right of residence).
See also The Pregnancy Book 2007 and Birth to five: 2007 edition
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

JAJ
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Post by JAJ » Thu Nov 22, 2007 2:12 am

lindanirvana wrote:As mentioned in my last post:
We are not worry about the British Citizenship for us or the baby at all, I dont even think we will pursue it, and we are also aware that we can get Permanent Residence after 5 year.

I was just wondering whether we need to anything else before that time regarding the baby status, since his father has Residence card and I have the Residence stamps on my passport...
Your child clearly does have the right to live in the U.K. provided he or she gets the nationality of the EU state to which you belong. As to whether you want to become British or not, your choice obviously, but you would then be affected by any future changes in the immigration/nationality rules.

As for your child, if your child is going to grow up in the United Kingdom, he or she might prefer to be British rather than foreign.

Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Thu Nov 22, 2007 6:27 am

lindanirvana wrote:As mentioned in my last post:
We are not worry about the British Citizenship for us or the baby at all, I dont even think we will pursue it, and we are also aware that we can get Permanent Residence after 5 year.

I was just wondering whether we need to anything else before that time regarding the baby status, since his father has Residence card and I have the Residence stamps on my passport...

Thanks
From which country does the father have citizenship? Will the child have citizenship of that country?

If the child is an EU citizen, then you will not have to do ANYTHING.

If the child does not get citizenship from the father, then the child can still stay but you should eventually apply for a Residence Card for a family member of an EU citizen.

lindanirvana
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Post by lindanirvana » Fri Nov 23, 2007 12:01 pm

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