Child status (ROR)

Dear all,

I have an unusual query. I was wondering what the status of a child when both his parents have retained their rights of residence ( 5 years residence card ) .

Their are two scenarios:

1- The child was born before his parents have retained their ROR following divorce.
2- The child is born after his parents have retained their ROR.

Many thanks in advance for your answer.

Best,

Rodri

didn't get you ..

Both parents NON EU national and retained right ? I mean they were both married to an EU national before?

askmeplz82 wrote:didn't get you ..

Both parents NON EU national and retained right ? I mean they were both married to an EU national before?

Yes both parents were married to Eea nationals.

Your topic seems to be inetersting do you mind to elaborate more so we can help with your queries because is seems to be confusion when you saying both parents ? European married non european can apply for visa but your case both having visa on basis of married to european and child is born so please tell us whole story so experts can help you in this forum. Thank you,

The child born before RoR is a family member of EEA. The one born after RoR assume the nationality of the non EEA national and cannot live in the UK under EU law. You cant pass a right you dont have to someone.

Ricardo wrote:The child born before RoR is a family member of EEA. The one born after RoR assume the nationality of the non EEA national and cannot live in the UK under EU law. You cant pass a right you dont have to someone.

Do that mean you cannot travel with the child as the border agent will not let him in on your way back??? Can't you apply for a kind of visa for him??

Ricardo wrote:The child born before RoR is a family member of EEA. The one born after RoR assume the nationality of the non EEA national and cannot live in the UK under EU law. You cant pass a right you dont have to someone.

Thanks Ricardo;
Please note that when the child was born his mother was still married to the Eaa national however the child wasn't his. Can that child benefit from his mother ROR? if not what is his status in the UK as he was born here?

The child born while the mother was still married to EEA national, irrespective of who the dad is, qualifies as a family member of EEA national and can also retain right of residence.