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baby born abroad

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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gorda
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baby born abroad

Post by gorda » Fri Nov 15, 2013 11:44 pm

Hi,
My husband is brazilian who'se been living in the UK for 12 years
He has recently got the ILR. I hold an EU passport. I going to Brazil to give birth to our baby. He is gonna get a brazilian passport. Will we be able to bring our child back to thr UK without any visa so that I can arrange him to have dual citizenship and get him a EU passport. Is it possible that they will not let the 1 month old baby to enter the UK with the parents?
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vinny
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Post by vinny » Fri Nov 15, 2013 11:50 pm

Perhaps you should get him an EU passport before travelling? However, he may enter the UK under 11(4).
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gorda
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Post by gorda » Sat Nov 16, 2013 12:47 am

I wount have time to stay in Brazil until the EU passport is issued. I can only stay there for 90 days.
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Obie
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Post by Obie » Sat Nov 16, 2013 8:58 am

Brazil is a visa free country. So as Vinny said, he will be able to enter. However he will not be able to get Brazilian passport, then try and get EU passport, if he cant get that either, then consider giving birth in the UK, and he/she will have an option of British Passport also.
Smooth seas do not make skilful sailors
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gorda
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Post by gorda » Sat Nov 16, 2013 10:23 am

Well it is visa free for me for 90 days as I said. And yes he will be able to get a brazilian passport. What I want to know is if he is gonna need a visa before we travel back or can he enter at the airport in the UK with just his brazilian passport?
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Obie
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Post by Obie » Sat Nov 16, 2013 10:34 am

As Vinny correctly stated, there is no reason why he shouldn't.
Smooth seas do not make skilful sailors
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Directive/2004/38/EC
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Post by Directive/2004/38/EC » Sat Nov 16, 2013 1:47 pm

If the baby was born in the UK, then it would automatically have British citizenship (since the your husband has ILR).
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gorda
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Post by gorda » Sat Nov 16, 2013 3:08 pm

I know that however due to some personal issues I have to go give birth in Brazil and needto find a way to bring my child back to live to the UK.
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Amber
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Post by Amber » Sat Nov 16, 2013 4:02 pm

When did your partner apply for ILR and when was it granted, exactly?
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gorda
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Post by gorda » Sat Nov 16, 2013 4:13 pm

He applied in october and it was granted in april.
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Amber
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Post by Amber » Sat Nov 16, 2013 4:17 pm

When is the baby due?
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gorda
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Post by gorda » Sat Nov 16, 2013 4:22 pm

Beginning of January
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Amber
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Post by Amber » Sat Nov 16, 2013 4:27 pm

There is discretion, possibly, to apply to naturalise earlier than 12 months after ILR (7.5(g)). However, that would mean putting an application to naturalise (the father) in January, it would have to be an exceptionally fast decision in order for the Father to be granted citizenship just in time for the child to be born British by descent. But, it's an option.
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gorda
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Post by gorda » Sat Nov 16, 2013 4:50 pm

Thanks for the answer the thing is that we are not seeking british citizenship for him.I want him to have his parents' citizenships. My only worry is can they not let us in back home just because my baby has only Brazilian passport.
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Amber
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Post by Amber » Sat Nov 16, 2013 5:28 pm

Can the child not have multiple citizenships? Will Brazil even let you in when heavily pregnant?
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Obie
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Post by Obie » Sat Nov 16, 2013 5:52 pm

I believe the position is, OP wants to have guarantee that she will be able to return with her new born. She is not concerned about British citizenship for reason which may be personal to her.

As Vinny stated, she will be able to enter with the child under regulation 11(4) as he/she will be your direct descendant, and you are an EU citizen.

I think this sort of closes the chapter, in regards to the OP.
Smooth seas do not make skilful sailors
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Directive/2004/38/EC
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Post by Directive/2004/38/EC » Sun Nov 17, 2013 12:13 pm

Basically if the child is a child of an EU citizen OR the child is the spouse of an EU citizen, then the child can not be refused entry into the UK. You do not have anything to worry about. Please carry the relevant passports, marriage certificate, and birth certificate. http://eumovement.wordpress.com/2010/08 ... to-travel/ is written mostly in terms of spouses, but the same applies to babies.

When the child is born, if it is possible I would recommend you get several copies of the birth certificate. Easy and cheap to do at that point and more complicated later.
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