Pre settled/settled status application or UK citizenship for children born overseas on or after 1 April 2021

Hi

My query is about pre settled/settled status application or UK citizenship for children born overseas on or after 1 April 2021.

My daughter was born in India on 14 March 2022 and I am currently looking at my options to bring her to the UK in the coming months with a view of her settling in the UK. She is an Indian citizen by virtue of being born in India and has applied for an Indian passport so that she can travel to the UK.

I was granted an ILR/settled status in February 2020 and my wife was granted pre settled status in November 2021.

My plan is to bring my daughter to the UK under the EUSS family permit and then apply for her pre settled/settled status application or UK citizenship once she is in the UK.

1. Can my daughter apply for pre settled/settled status upon coming to the UK?
2. Is there a deadline by which she needs to apply for the pre settled/settled status?
3. Instead of applying for pre settled/settled status can she apply for British citizenship?
4.What are the processing timescales for the EUSS family permit and pre settled/settled status applications?
5. If my daughter needs to travel overseas once I have applied for her pre settled/settled status application, can she do this without it affecting her application?
6. Are there any deadlines in respect of applying for the EUSS family permit?

If I need to consider alternatives then any suggestions would be much appreciated.

Thanks

1. Can my daughter apply for pre settled/settled status upon coming to the UK?

She will have to apply for pre-settled status - she needs a UK residency status.

2. Is there a deadline by which she needs to apply for the pre settled/settled status?

Apply within six months of arrival.

3. Instead of applying for pre settled/settled status can she apply for British citizenship?

Children born abroad are required to have Settled Status/ILR when "registering" as British citizen, and also need a minimum residency in the UK (3 years?).

4.What are the processing timescales for the EUSS family permit and pre settled/settled status applications?

No personal experience but I read that it could take many months ....

5. If my daughter needs to travel overseas once I have applied for her pre settled/settled status application, can she do this without it affecting her application?

Does not affect - she will/should receive a Certificate of Application which can be used to re-enter the UK.

6. Are there any deadlines in respect of applying for the EUSS family permit?

Not aware of deadlines for EUSS family permits.

I think some aspect of your response may need modification.

1. The child will be entitled to Settled status and not pre settled status.

2. The Treaty provides for application to be made within 3 months of entry.

3. Registration can be done under 3 (1) for a child under 13, without the need for 3 years of residence.

alister89 wrote: ↑

Sun May 01, 2022 11:37 am

3. Instead of applying for pre settled/settled status can she apply for British citizenship?

As the child was born after you acquired ILR/EU Settled Status, had the child been born in the UK, they would have been a British citizen automatically at birth.

However, as the child is born abroad, the child is not a British citizen nor are they entitled to register as a British citizen.

As Obie mentioned above, the child can be registered as a British citizen under Section 3(1), which is a registration at discretion.

For such registration, it is expected that, at the time of such application, at least one parent of the child either has British citizenship or is applying for British citizenship at the same time AND that both the child and the other parent have settled status/ILR.

As your wife only started on the pre-settled status journey in November 2021, I would say that the earliest that the child can be registered is November 2026.

secret.simon wrote: ↑

Mon May 02, 2022 10:18 am

AND that both the child and the other parent have settled status/ILR.

I am not sure that is correct.

It suffice that one of the parent is settled, applying for British citizen or already and British Citizen, and the other parent has status in the UK, which does not make them removable in the short to medium term.

The mother having presettled status will suffice for that purpose.

In any event, the best interest of the child and where his or her future lies, will need to be taken into account, even if the criteria for Registration is not met.

I have done registration where only child has ILR, and it worked out okay.

I am only going by the advice in the government's caseworker guidance on Registration as a British citizen: children, @Obie. I do not have the advantage of having filed a similar application.

All I would say to the OP is, registration as a British citizen costs £1000+ and if the application is refused, that fee is lost.You pays your money and you takes your chances.

With all due respect Secretsimon, the guidance does not appear to support what you are saying.

If you look at the 1st 3 lines of page 29, and the second alternative requirement bullet point, it is clear that it is not compulsory for both parents to have settled status.

You are a very experienced and knowledgeable moderator, and I would not disturb you advise lightly , just for the sake of it.

I am not in the habit of doing that, unless i am certain, the advise does not seem accurate.

Furthermore, I cited a case in the nationality section many years back, where the son of a New Zealand father with ILR, who himself held ILR, was refused registration on the basis that the mother had no long term status and was waiting for a decion on her residence card application.

The High Court quashed that decision for failure to take section 55 into consideration and the child's length of residence in the UK.

I am prepared to concede that both parents having ILR is one of the optional requirements, however, provided the other parent is applying for naturalisation at the same time, it suffice if 1 parent has ILR.
To say in all circumstances both parents must have ILR, will not be correct, and i will respectfully disagree with that contention.

I am not sure the implicit suggestion that I am seeking to encourage OP to gamble with over £1000, is appropriate either.

Obie wrote: ↑

Mon May 02, 2022 1:09 pm

provided the other parent is applying for naturalisation at the same time, it suffice if 1 parent has ILR.

That is almost exactly what I said, that one parent must be or is applying to become a British citizen and the other parent has ILR. The child will already have ILR based on your earlier advice about what status the child themselves will have.

Obie wrote: ↑

Mon May 02, 2022 1:09 pm

I cited a case in the nationality section many years back, where the son of a New Zealand father with ILR, who himself held ILR, was refused registration on the basis that the mother had no long term status and was waiting for a decion on her residence card application.

The High Court quashed that decision for failure to take section 55 into consideration and the child's length of residence in the UK.

That was a few years back, and the judicial winds have changed towards a narrower reading of the law, as was observed by a report commissioned by the Good Law Project a few weeks back.

Obie wrote: ↑

Mon May 02, 2022 1:09 pm

I am not sure the implicit suggestion that I am seeking to encourage OP to gamble with over £1000, is appropriate either.

I was not casting aspersions on anybody, least of all you, given that you are more knowledgable in the law than me anyday.

I was merely pointing out to the OP (and to others who would come to these forums in the future) that we on these forums (including myself) giving advice lose nothing if the advice were incorrect. It is they (and those who follow the advice) who carry any financial risk and burden of following the advice.

Once again, I meant not cast any shade on you and if that is how it came across, I apologise unreservedly.

I apologise if I misread your post.
It is just the suggestion that the earliest time the child will qualify is 2026, gave me the impression, that you are suggesting the other parent must also be a settled person.

I take back the views i expressed, if the suggestion was not that both parents must be settled.

I will strongly disagree with any suggestion that I know more than everyone here. I have learnt from everyone on this forum.. Most of what I know I learned from you guys.

Interestingly, when i am faced with issues of historical claim to British citizen, pre 1981 Act, I have used your previous post to assist others, and use your advise and knowledge to build my research, as it is hard to find some of what you know in present day law books.

When it comes to point based system, I learnt from you guys also.

I have always testified to the fact that i learn more from this forum than any lecture theatre, and this forum assisted me in my own personal journey also.

I am still in the learning journey. We learn everyday.