EU settlement due to British and possible Irish child

Hello good people,
my question is for my knowledge and preparation for the future.
I’m currently an asylum seeker still waiting for decision. I have 6 children and my last child (3 months) is British due to the dad and I have his British passport. My 5th child(4 years 3 month) father is Irish but I don’t have his name on the birth certificate. Soo my question is;
IF I’m able to get my child Irish citizenship, would I be able to apply to the eu settlement scheme and get settled status once he’s 5 years old as I’ve lived in the U.K since 2015 before claiming asylum in early 2019 and I’m the main career?
P.s I plan on doing this ( if I can) once I receive a decision on my asylum which will probably be 2.5 year visa.

Violetsareblue wrote: ↑

Tue Apr 07, 2020 4:15 pm

Hello good people,
my question is for my knowledge and preparation for the future.
I’m currently an asylum seeker still waiting for decision. I have 6 children and my last child (3 months) is British due to the dad and I have his British passport. My 5th child(4 years 3 month) father is Irish but I don’t have his name on the birth certificate. Soo my question is;
IF I’m able to get my child Irish citizenship, would I be able to apply to the eu settlement scheme and get settled status once he’s 5 years old as I’ve lived in the U.K since 2015 before claiming asylum in early 2019 and I’m the main career?
P.s I plan on doing this ( if I can) once I receive a decision on my asylum which will probably be 2.5 year visa.

Asylem/Refugee visa is a 5 year visa not a 2.5 year visa.

Yes but I meant if My asylum was refused and I was granted visa based on my British child.
Please Kindly enlighten if getting my child Irish citizenship will get me eu settled status as I’ve been his career since birth.

Thank you for the reply.
Would I be able to add my other non eu children dependent to the application if I was to make as a career of Irish citizen?

Violetsareblue wrote: ↑

Tue Apr 07, 2020 4:24 pm

Yes but I meant if My asylum was refused and I was granted visa based on my British child.
Please Kindly enlighten if getting my child Irish citizenship will get me eu settled status as I’ve been his career since birth.

Yes, if you meet the requirements under part 1 of appendix eu, in any of the rules 11- 13 and the conditions sets under.

You have 2 eea-EU children and any of the children can put you through eu settlement.

The problem is that you will to do Zambrano application which paper base application and HO permanent Migration Team have become heavy handed on Zambrano application.

I think to succeed under eu settlement, you would I have to go through the old way first.

1. Do Zambrano EEA application under the old rule which will cost each of you £65 per person. It is likely HO will refuse but you will get appeal under Sec 36 of the regulations and the judges will definitely allow your appeal because what HO will refuse you with, isn't enshrined in EU laws. Nowadays these applications are been decided within up to 8 weeks.

2. After this application been successfully done, you can now do EUSS Zambrano Dr and that would be easy because you hold right under EU law already. This application is free, but takes ages for Zambrano people to be granted.

Though is a long way, I telling you from my own experience and how I got my Settled Status on 24 March 2020.

Since this settlement scheme, we have not seen HO issuing Status to People who have never held Zambrano before. Always what we see is status granted to people who already hold Zambrano derivative

Thank you for soo much detailed response..
I was told that by a friend that if I was to do eu settlement, then I wouldn’t be able to use the (chen route) as my Irish child would also be British due to his dad( Irish) living in the uk, therefore wouldn’t qualify as an EEA national but I can do zambrano.
But the sad thing is that zambrano looks like a long process and my asylum isn’t decided yet. Soo much waiting and even with covid19. I’m afraid the settlement scheme would be closed By the time I’d be ready to apply.