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

Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits.

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

Post by Mehdi Sameer » Wed Dec 21, 2022 8:22 pm

Hi 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.

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alterhase58
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Re: both parents hold EU Pre Settlement can they apply for new born baby

Post by alterhase58 » Wed Dec 21, 2022 10:48 pm

You actually must apply for new born within three months of birth, I think.
It would be pre-settled status, not a visa. Website: https://www.gov.uk/settled-status-eu-ci ... -for-child
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

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

Post by secret.simon » Thu Dec 22, 2022 6:36 pm

@alterhase58, are you sure of your advice? The reason that I ask is that the OP has mentioned that their spouse and they got their status based on being the extended family member of an EEA citizen. That is a category that no longer exists. And I doubt that the child can simply inherit that status.

I would invite @kamoe into this thread as the two of you have a better grasp of the rules impacting EEA citizens and their family members than me.

To the OP: what is the precise family relationship between you or your spouse and the EEA citizen who is the basis of your pre-settled status?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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

Post by kamoe » Thu Dec 22, 2022 6:52 pm

Mehdi Sameer wrote:
Wed Dec 21, 2022 8:22 pm
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.
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?
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

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

Post by Mehdi Sameer » Thu Dec 22, 2022 8:53 pm

Me and my British brother and my wife we lived in EU country then go to UK and applied EFM and we granted efm status then we applied EU Settlement, and we got Pre Settlement status.

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

Post by secret.simon » Sat Dec 24, 2022 8:57 am

I 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 am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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

Post by Mehdi Sameer » Mon Jan 02, 2023 4:25 pm

Baby born in UK and we all live in UK

I understand we can't sponsor but my British brother can do ? As we still his dependent.

secret.simon wrote:
Sat Dec 24, 2022 8:57 am
I 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)?

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

Post by secret.simon » Mon Jan 02, 2023 4:35 pm

Mehdi Sameer wrote:
Mon Jan 02, 2023 4:25 pm
I understand we can't sponsor but my British brother can do ? As we still his dependent.
I don't think he can either.

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.
secret.simon wrote:
Sat Dec 24, 2022 8:57 am
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.
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.

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.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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

Post by asmehdi » Sat Mar 18, 2023 6:56 pm

secret.simon wrote:
Mon Jan 02, 2023 4:35 pm
Mehdi Sameer wrote:
Mon Jan 02, 2023 4:25 pm
I understand we can't sponsor but my British brother can do ? As we still his dependent.
I don't think he can either.

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.
secret.simon wrote:
Sat Dec 24, 2022 8:57 am
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.
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.

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.

Hi, what you mean as me eu pre settlement holder will be eligible to apply settlement status in 2026 so how i can get her UK passport ?

I need more advice as i applied eu settlement but today i got letter from HO and they refused with this 2 reason as UK sponsor back to UK in 2019 and she born after that so is not eligible and 2nd as she not lived in EU country more 3 months.

They give us 2 option for appeal 1st Adminstrator Review and 1st tier tribunal count

Please advise can i go for count appeal ?

Thanks

meself2
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Re: both parents hold EU Pre Settlement can they apply for new born baby

Post by meself2 » Sat Mar 18, 2023 7:24 pm

asmehdi wrote:
Sat Mar 18, 2023 6:56 pm
Hi, what you mean as me eu pre settlement holder will be eligible to apply settlement status in 2026 so how i can get her UK passport ?
Wait until 2026 and apply, as said by secret.simon:
they can be registered as a British citizen as soon as either one parent gets Settled Status in the UK.
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.
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

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

Post by asmehdi » Mon Mar 20, 2023 2:48 pm

Thank you for reply.

But if i not get her visa now and wait for my settlement then apply driect her British citizenship will UK law allow this as far i know should be one of perants have indefent leave, settlemen, or birtish passport at time of baby born so how my baby will be eligible?

Is there any law as my father now British citizen can he sponsor her uk nationality or any visa ?

Please advise.

Thanks
meself2 wrote:
Sat Mar 18, 2023 7:24 pm
asmehdi wrote:
Sat Mar 18, 2023 6:56 pm
Hi, what you mean as me eu pre settlement holder will be eligible to apply settlement status in 2026 so how i can get her UK passport ?
Wait until 2026 and apply, as said by secret.simon:
they can be registered as a British citizen as soon as either one parent gets Settled Status in the UK.
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.

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