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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.
