ESC
Welcome to immigrationboards.com!
Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe
My first question would be, exactly how did each of you qualify as extended family members? Who is the EU sponsor for each of you here?Mehdi Sameer wrote: ↑Wed Dec 21, 2022 8:22 pmme and my wife both have EU Pre Settlement status, and we want to apply visa for our newborn baby.
We both are no EU citizen, and we got this status of as British extended family member last year.
secret.simon wrote: ↑Sat Dec 24, 2022 8:57 amI suspect that in your case, your child will not be eligible to apply under Appendix EU.
Non-EEA citizens with pre-settled status can't sponsor their non-EEA spouses through Appendix EU, but they can through Appendix FM (Family Members), which requires meeting financial requirements, etc.
By analogy, I suspect that your child will have to apply for a family visa under the normal requirements for family members, rather than the provisions of Appendix EU.
You have not mentioned if the child was born in the UK or abroad. Where was the child born and where is the child now (UK or abroad)?
I don't think he can either.Mehdi Sameer wrote: ↑Mon Jan 02, 2023 4:25 pmI understand we can't sponsor but my British brother can do ? As we still his dependent.
As mentioned above, I suspect that the child will have to apply under some other provisions of the Immigration Rules. They will need to pay the full fees and IHS for that.secret.simon wrote: ↑Sat Dec 24, 2022 8:57 amNon-EEA citizens with pre-settled status can't sponsor their non-EEA spouses through Appendix EU, but they can through Appendix FM (Family Members), which requires meeting financial requirements, etc.
secret.simon wrote: ↑Mon Jan 02, 2023 4:35 pmI don't think he can either.Mehdi Sameer wrote: ↑Mon Jan 02, 2023 4:25 pmI understand we can't sponsor but my British brother can do ? As we still his dependent.
For somebody to be a dependent of a British citizen on the Surinder Singh route, they need to have lived with the British citizen in the other EEA member-state before 31st December 2020 and returned to the UK en famille together.
By definition the newly born child can't meet those requirements.
Keep in mind that the dependency only extends to those specific FMs/EFMs that lived with the British citizen at the time of their EEA residency. It is not a permanent change for the British citizen to be able to sponsor any other family member in the future.
As mentioned above, I suspect that the child will have to apply under some other provisions of the Immigration Rules. They will need to pay the full fees and IHS for that.secret.simon wrote: ↑Sat Dec 24, 2022 8:57 amNon-EEA citizens with pre-settled status can't sponsor their non-EEA spouses through Appendix EU, but they can through Appendix FM (Family Members), which requires meeting financial requirements, etc.
The good thing is that because the child is born in the UK, they can be registered as a British citizen as soon as either one parent gets Settled Status in the UK.
I think the closest provision of the Immigration Rules that would apply would be Rule 304. But (a) I am not certain - I'm not a lawyer - and (b) I am not sure of what would be the appropriate form to apply for the limited leave. Wait for others to advise further.
Wait until 2026 and apply, as said by secret.simon:
More knowledgeable members will advise on your current refusal, but if you see what was mentioned in the last message, you were suggested to apply via UK immigration rules, not EUSS.they can be registered as a British citizen as soon as either one parent gets Settled Status in the UK.
meself2 wrote: ↑Sat Mar 18, 2023 7:24 pmWait until 2026 and apply, as said by secret.simon:More knowledgeable members will advise on your current refusal, but if you see what was mentioned in the last message, you were suggested to apply via UK immigration rules, not EUSS.they can be registered as a British citizen as soon as either one parent gets Settled Status in the UK.
You might want to buy health insurance for your baby until they have been granted a visa.secret.simon wrote: ↑Mon Jan 02, 2023 4:35 pmAs mentioned above, I suspect that the child will have to apply under some other provisions of the Immigration Rules. They will need to pay the full fees and IHS for that.
https://assets.publishing.service.gov.u ... update.pdf5.17 A child born to a person who is exempt from charges under Regulation 10 or 11 will
also be exempt from charges while they are aged three months or younger provided
that the child has not left the UK since birth. Parents should ensure that they
regularise their child’s immigration status in the UK during this three-month period,
which may include the parent paying the health surcharge on their child’s behalf. If
the parent does not regularise their child’s status, they will be liable for any charges
for treatment provided to the child after the three-month period
NHS England can refuse treatment if the estimated cost is not paid up front unless a doctor states it is urgent life saving treatment, but even if it is urgent, you are still billed at 150% of the national NHS cost.
meself2 wrote: ↑Sat Mar 18, 2023 7:24 pmWait until 2026 and apply, as said by secret.simon:More knowledgeable members will advise on your current refusal, but if you see what was mentioned in the last message, you were suggested to apply via UK immigration rules, not EUSS.they can be registered as a British citizen as soon as either one parent gets Settled Status in the UK.
Mehdi Sameer wrote: ↑Wed Dec 21, 2022 8:22 pmHi Members,
I need advice as me and my wife both have EU Pre Settlement status, and we want to apply visa for our newborn baby.
We both are no EU citizen, and we got this status of as British extended family member last year.
Can anyone have done or idea how can i apply for newborn baby visa.
Please let me know. Thanks.
robin12345 wrote: ↑Sat Apr 01, 2023 12:23 pmMy sister is in same situation and to make it worse she applied for baby pre settled status she went outside the UK thinking baby will be granted pre settled status. I spoke to someone and i was told she could apply for depended child visa under human rights route. Did you find any solution to yours yet ?
Mehdi Sameer wrote: ↑Wed Dec 21, 2022 8:22 pmHi Members,
I need advice as me and my wife both have EU Pre Settlement status, and we want to apply visa for our newborn baby.
We both are no EU citizen, and we got this status of as British extended family member last year.
Can anyone have done or idea how can i apply for newborn baby visa.
Please let me know. Thanks.
Rule 301 is relevant only for children whose parent has a visa under immigration rules part 8 Appendix FM or a parent who is already settled (ILR). It doesn't apply to parents who have pre settled status under Appendix EU.
Requirements for limited leave to enter or remain in the United Kingdom with a view to settlement as the child of a parent or parents given limited leave to enter or remain in the United Kingdom with a view to settlement
301. The requirements to be met by a person seeking limited leave to enter or remain in the United Kingdom with a view to settlement as the child of a parent or parents given limited leave to enter or remain in the United Kingdom with a view to settlement are that he:
(i) is seeking leave to enter to accompany or join or remain with a parent or parents in one of the following circumstances:
(a) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and the other parent is being or has been given limited leave to enter or remain in the United Kingdom with a view to settlement; or
(b) one parent is being or has been given limited leave to enter or remain in the United Kingdom with a view to settlement and has had sole responsibility for the child’s upbringing; or
(c) one parent is being or has been given limited leave to enter or remain in the United Kingdom with a view to settlement and there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child’s care; and
(ii) is under the age of 18; and
(iii) is not leading an independent life, is unmarried and is not a civil partner, and has not formed an independent family unit; and
(iv) can, and will, be accommodated adequately without recourse to public funds, in accommodation which the parent or parents own or occupy exclusively; and
(iva) can, and will, be maintained adequately by the parent or parents without recourse to public funds; and
(ivb) does not qualify for limited leave to enter as a child of a parent or parents given limited leave to enter or remain as a refugee or beneficiary of humanitarian protection under paragraph 319R; and
(v) (where an application is made for limited leave to remain with a view to settlement) has limited leave to enter or remain in the United Kingdom; and
(vi) if seeking leave to enter, holds a valid United Kingdom entry clearance for entry in this capacity.
CR001 wrote: ↑Sun Apr 02, 2023 6:30 pmRule 301 is relevant only for children whose parent has a visa under immigration rules part 8 Appendix FM or a parent who is already settled (ILR). It doesn't apply to parents who have pre settled status under Appendix EU.
https://www.gov.uk/guidance/immigration ... ly-members
Requirements for limited leave to enter or remain in the United Kingdom with a view to settlement as the child of a parent or parents given limited leave to enter or remain in the United Kingdom with a view to settlement
301. The requirements to be met by a person seeking limited leave to enter or remain in the United Kingdom with a view to settlement as the child of a parent or parents given limited leave to enter or remain in the United Kingdom with a view to settlement are that he:
(i) is seeking leave to enter to accompany or join or remain with a parent or parents in one of the following circumstances:
(a) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and the other parent is being or has been given limited leave to enter or remain in the United Kingdom with a view to settlement; or
(b) one parent is being or has been given limited leave to enter or remain in the United Kingdom with a view to settlement and has had sole responsibility for the child’s upbringing; or
(c) one parent is being or has been given limited leave to enter or remain in the United Kingdom with a view to settlement and there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child’s care; and
(ii) is under the age of 18; and
(iii) is not leading an independent life, is unmarried and is not a civil partner, and has not formed an independent family unit; and
(iv) can, and will, be accommodated adequately without recourse to public funds, in accommodation which the parent or parents own or occupy exclusively; and
(iva) can, and will, be maintained adequately by the parent or parents without recourse to public funds; and
(ivb) does not qualify for limited leave to enter as a child of a parent or parents given limited leave to enter or remain as a refugee or beneficiary of humanitarian protection under paragraph 319R; and
(v) (where an application is made for limited leave to remain with a view to settlement) has limited leave to enter or remain in the United Kingdom; and
(vi) if seeking leave to enter, holds a valid United Kingdom entry clearance for entry in this capacity.
secret.simon wrote: ↑Tue Apr 04, 2023 6:56 amGiven that I can't think of any applicable Immigration Rules for the specific situation that you are in, the only possibility that I can think of is FLR(HRO).
The application that I think you will end up making is for "Leave Outside The Rules".
But again, keep in mind that I am not a lawyer and given your very unusual situation, you may want to discuss this with a lawyer or with a Citizens Advice Bureau at the very least. Show them this thread so that they have an idea of what we have discussed here.
It doesn't appear to be that unusual: I've seen threads on other forums over the last year with this too, from non-EEA citizens and from EEA citizens. The answer was always given that only EEA citizens who obtained their EUSS status based on their own residence in the UK before 1 Januuary 2021, can sponsor using the UK's EUSS. And that people who got the UK's EUSS status as joining family members; regardless of whether they have EEA citizenship or not; are not a "relevant sponsor" to use the EUSS.secret.simon wrote: ↑Tue Apr 04, 2023 6:56 am
But again, keep in mind that I am not a lawyer and given your very unusual situation, you may want to discuss this with a lawyer or ...
That is the same visa that I had advised earlier, before CR001 corrected me.asmehdi wrote: ↑Tue Apr 04, 2023 7:54 pmThank you for your reply.
You can apply to remain in the UK as the family member, partner or child of a:
person with pre-settled status under the EUSS in the UK
As someone advise me this https://visas-immigration.service.gov.u ... 1679323402
In this requirement says even with pre settled would this application correct?
secret.simon wrote: ↑Tue Apr 04, 2023 6:56 amGiven that I can't think of any applicable Immigration Rules for the specific situation that you are in, the only possibility that I can think of is FLR(HRO).
The application that I think you will end up making is for "Leave Outside The Rules".
But again, keep in mind that I am not a lawyer and given your very unusual situation, you may want to discuss this with a lawyer or with a Citizens Advice Bureau at the very least. Show them this thread so that they have an idea of what we have discussed here.
If neither FLR(FP) nor FLR(HRO) applies, then try FLR(IR)?secret.simon wrote: ↑Mon Jan 02, 2023 4:35 pm
I think the closest provision of the Immigration Rules that would apply would be Rule 304. But (a) I am not certain - I'm not a lawyer - and (b) I am not sure of what would be the appropriate form to apply for the limited leave. Wait for others to advise further.
