ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

both parents hold EU Pre Settlement can they apply for new born baby

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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

vinny
Moderator
Posts: 32799
Joined: Tue Sep 25, 2007 7:58 pm

Re: both parents hold EU Pre Settlement can they apply for new born baby

Post by vinny » Thu Apr 13, 2023 1:04 am

It’s unfortunate that UKVI appear to be hiding these UK born child rules from applicants by not providing any clear appropriate forms for them?
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.

Obie
Moderator
Posts: 15156
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: both parents hold EU Pre Settlement can they apply for new born baby

Post by Obie » Thu Apr 13, 2023 1:12 am

It is, I fully agree.

I encounter similar issues with them recently.
It took a threat of Judicial review for them to back down.

I had a case of a Recognised Palestinian stateless woman seeking to bring her partner to the UK. There are no application form available, even though the rules provides for family reunion.

It was following threats that they changed their approach.
Smooth seas do not make skilful sailors

vinny
Moderator
Posts: 32799
Joined: Tue Sep 25, 2007 7:58 pm

Re: both parents hold EU Pre Settlement can they apply for new born baby

Post by vinny » Thu Apr 13, 2023 1:18 am

Yes. It’s much more difficult from outside the UK, when there’s no equivalent to the catch all FLR(IR) and SET(O) options.

Conversely, falsely implying that there are safe and legal routes for asylum seekers in cases where there are none?
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.

asmehdi
Newly Registered
Posts: 9
Joined: Tue Sep 05, 2017 1:41 pm

Re: both parents hold EU Pre Settlement can they apply for new born baby

Post by asmehdi » Wed Jun 07, 2023 10:12 am

Hi All,

Thank you for all advised.

As i mention in my other post about family route application.

I applied this https://visas-immigration.service.gov.u ... ily-routes on 23 May with home office super priority service but as i didn't get biometric appointment for next day which was done Yesterday and this morning i received email from HO, and they granted 30 months visa for my baby.

And here is the HO letter.

You have been granted permission to stay as a child on the family route (Gen 3.2).

You applied for leave to remain on 23 May 2023 under the Appendix FM 10- year Child Route.
We have decided that under paragraph R-LTRC.1.1.(d)(ii), you do not meet all of the eligibility requirements of Section E-LTRC of Appendix FM in order to warrant a grant of leave to remain.

However, we consider, under paragraph GEN.3.2. of Appendix FM, that there are exceptional circumstances in your case which would render refusal a breach of Article 8. We have reached this decision because your parents and siblings currently hold leave in the UK based on the EU settlement scheme, it is further claimed that you have other family members residing in the UK in the form of your grandparents, aunts and uncles and therefore, at this time, it would be unreasonable to expect you to leave the UK and you are being granted 30 months limited leave to remain in the UK.

I hope this info may help you who are still in this situation.

Locked
cron