Presettled status for toddler with British citizenship

My husband is Polish, I'm American. We both applied to the settlement scheme and he has settled status and I have presettled status. He's lived and worked in the UK since 2006, so although he never applied for permanent residence, it was acquired automatically before our daughter was born in January 2019, and she was automatically a British citizen at birth. My husband didn't feel good about her having British citizenship so we never applied for her passport. I've finally convinced him that she's British whether he likes it or not, so we'd better apply to make it clear she's legal to live her and we can travel (eventually) and re-enter with her. The problem is, we are struggling to get a good photo of her with all the photography studios closed due to covid, and I fear also that it will be difficult to get all the documentation my husband needs to submit. I'm feeling anxious about her having neither a British passport nor presettled status. Since presettled status is so easy to apply for, can we just do this for her, and do the passport later? Or are we not allowed to apply for presettled status for her because she's automatically British?

Hello

If she is British, any immigration application for her will fail. All immigration routes are closed to British citizen in the UK, which logical when you think about it.

Don't worry about the photos. Babies don't need to have eyes open, face camera or have neutral expression.

Take a photo with your phone and there are services online where you can upload it, pay and you'll receive printed photos ID.

https://www.gov.uk/photos-for-passports ... ed%20sheet.

Children must be on their own in the picture. Babies must not be holding toys or using dummies.

Children under 6 do not have to be looking directly at the camera or have a plain expression.

Children under one do not have to have their eyes open. You can support their head with your hand, but your hand must not be visible in the photo.

Thanks for the reply. I guess my fear is, what if they reject her passport application and it proves impossible to find all the documentation they want to prove my husband had permanent residence at the time of her birth? He has a lovely, easy 5 year period of employment between 2007-2012 for the same employer, but not sure he'll be able to get payslips or old P60s from that employer. Also not sure how he will prove he didn't leave for two years between 2012 and 2019 (when she was born), other than by his tax records. He can't remember all his holiday dates for visiting Poland.

If we realise obtaining the necessary documentation will be impossible after the settlement scheme application deadline in June, I'm afraid we could leave her with no lawful status in the UK.

Yes, I know, we should have tried applying for her passport much earlier so we weren't facing the June deadline. I'm still quite cross about my husband's refusal to do this before now!

I'm seriously thinking we just shouldn't acknowledge that she was British at birth, apply for presettled status for her, and then eventually register her as a British citizen, especially since they might reduce the fee for registering given the recent court rulings.

I'm feeling overwhelmed, to be honest! Being 28 weeks pregnant doesn't help (though at least the next baby's claim to citizenship should be easier, given my husband has been granted settled status before her birth).

in case you have seen this before:
https://www.gov.uk/government/publicati ... plications

Thanks,

I have seen this, but don't find it super clear. Do you happen to know for a worker with a child born in 2019, if it has to be evidence for the 5 years immediately preceding her birth, or can it be any five year period before her birth? Are P60s and payslips required, or would a letter plus tax records be enough?

ElizabethApricot wrote: ↑

Mon Mar 22, 2021 10:58 am

Do you happen to know for a worker with a child born in 2019, if it has to be evidence for the 5 years immediately preceding her birth, or can it be any five year period before her birth?

Any continuous five year period of the EEA parent exercising treaty rights (by, for example, working) before the birth of the child.

However, as your spouse is Polish (one of the A8 countries), if he is relying on employment between 2004 and 2011, he will also have to prove that he was registered with the Worker Registration Scheme for that entire employment period (See first entry in Table B of the document linked to by @alterhase58).

If he has proof of working for five continuous years closer to the birth of the child, it will likely be easier. Any period of unemployment will need proof that he was seeking work (which is also a form of exercising treaty rights).

ElizabethApricot wrote: ↑

Mon Mar 22, 2021 10:46 am

He can't remember all his holiday dates for visiting Poland.

Presuming that he purchased his tickets online, ask him to check his emails. If he purchased the tickets via a travel agent, check with them.

secret.simon wrote: ↑

Mon Mar 22, 2021 11:13 am

ElizabethApricot wrote: ↑

Mon Mar 22, 2021 10:58 am

Do you happen to know for a worker with a child born in 2019, if it has to be evidence for the 5 years immediately preceding her birth, or can it be any five year period before her birth?

Any continuous five year period of the EEA parent exercising treaty rights (by, for example, working) before the birth of the child.

However, as your spouse is Polish (one of the A8 countries), if he is relying on employment between 2004 and 2011, he will also have to prove that he was registered with the Worker Registration Scheme for that entire employment period (See first entry in Table B of the document linked to by @alterhase58).

If he has proof of working for five continuous years closer to the birth of the child, it will likely be easier. Any period of unemployment will need proof that he was seeking work (which is also a form of exercising treaty rights).

ElizabethApricot wrote: ↑

Mon Mar 22, 2021 10:46 am

He can't remember all his holiday dates for visiting Poland.

Presuming that he purchased his tickets online, ask him to check his emails. If he purchased the tickets via a travel agent, check with them.

Thanks for the reply. He actually did save his worker's registration scheme card and certificates, thank goodness, so he could use the 2007-2012 period! He's going to talk to that employer on Thursday and see if they can write a letter for him. They might not have P60s and payslips but he can ask HMRC to send us tax and NI records for 2007-2012. The only issue will be if they want proof that he didn't leave the UK for two years between 2012 and 2019. Do you think tax/NI records showing he was working in the UK during this time would be enough to show he didn't leave for two years? Unfortunately he's not a fan of flying so before we were together he used to take a train to London and then buy a coach ticket to Poland, all without booking online! He said there's no way he can remember the dates.

As for the five years preceding her birth, this would be a little bit more challenging. I think in 2014 he spent more than 90 days out of the UK altogether after being made redundant, and then losing a relative in an accident a few weeks later. He travelled to be with family at least 2-3 times during that period. It extended his job search so I think altogether he was unemployed for 5-6 months.