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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

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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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.

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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.

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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.

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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.

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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.

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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)?

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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.

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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

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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.

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

Post by JB007 » Thu Mar 23, 2023 10:51 am

secret.simon wrote:
Mon Jan 02, 2023 4:35 pm
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.
You might want to buy health insurance for your baby until they have been granted a visa.

Page 41
5.17 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
https://assets.publishing.service.gov.u ... update.pdf

Any NHS charges will have 50% added to your bill. NHS

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

Post by JB007 » Thu Mar 23, 2023 10:59 am

JB007 wrote:
Thu Mar 23, 2023 10:51 am
Any NHS charges will have 50% added to your bill. NHS
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.

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

Post by asmehdi » Thu Mar 23, 2023 2:09 pm

Can i apply SET F application for my baby grils ?
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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Re: both parents hold EU Pre Settlement can they apply for new born baby

Post by robin12345 » Sat Apr 01, 2023 12:23 pm

My 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 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.

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

Post by asmehdi » Sun Apr 02, 2023 6:18 pm

No, but i checked with one of lawyer he advised me below.

need to apply under immigration rule 301 which applies to children whose parents have some kind of limited leave to remain in the UK.
robin12345 wrote:
Sat Apr 01, 2023 12:23 pm
My 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 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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Re: both parents hold EU Pre Settlement can they apply for new born baby

Post by CR001 » Sun Apr 02, 2023 6:30 pm

asmehdi wrote:
Sun Apr 02, 2023 6:18 pm
No, but i checked with one of lawyer he advised me below.
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.

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

Post by asmehdi » Mon Apr 03, 2023 5:43 pm

Thank you for reply.

Can you please advise me what could be application and under what law can please tell me as i want to make her legal insert of wait till 2026
CR001 wrote:
Sun Apr 02, 2023 6:30 pm
asmehdi wrote:
Sun Apr 02, 2023 6:18 pm
No, but i checked with one of lawyer he advised me below.
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.

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.

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

Post by secret.simon » Tue Apr 04, 2023 6:56 am

Given 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.
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.

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

Post by asmehdi » Tue Apr 04, 2023 7:54 pm

Thank 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 am
Given 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.

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

Post by JB007 » Wed Apr 05, 2023 12:15 pm

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 ...
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.

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

Post by secret.simon » Mon Apr 10, 2023 3:51 pm

asmehdi wrote:
Tue Apr 04, 2023 7:54 pm
Thank 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 am
Given 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.
That is the same visa that I had advised earlier, before CR001 corrected me.

Although the website merely states "people with pre-settled status", which is why I thought it was open to all people with pre-settled status, the Immigration Rules are more specific in stating that that option is only open to EEA citizens with pre-settled status.

That is why I think the FLR(HRO) is the application in this case, because there is no other alternative path that I can see.
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.

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

Post by Obie » Wed Apr 12, 2023 11:21 pm

I believe that Rule 304 to 306 are applicable in this case. I will be inclined to suggest FLR(FP).

In any event, it will be a breach of Article 8, to refuse leave in the particular circumstances of the scenerio we have here.
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Re: both parents hold EU Pre Settlement can they apply for new born baby

Post by vinny » Thu Apr 13, 2023 12:50 am

Yes, secret.simon also previously suggested rule 304.
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.
If neither FLR(FP) nor FLR(HRO) applies, then try FLR(IR)?
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Re: both parents hold EU Pre Settlement can they apply for new born baby

Post by Obie » Thu Apr 13, 2023 12:52 am

Thanks for that Vinny. I was unaware that it had been suggested.
Smooth seas do not make skilful sailors

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