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WHAT STATUS OF BABY
Posted: Fri Nov 30, 2012 3:21 pm
by jassee
Hi all.
This is on behalf of my friend want to know the best options they have regarding passport/immigration status to his baby.
Wife is from Poland and having a blue registration card (I am not sure if it is permanent resident card but it have no expiry), her husband is a non EEA citizen and having KOSOVO passport and a resident visa for five years since 2011. Their daughter (b0rn in 08-2010) is having Kosovo passport as well. Now they are wondering if they can apply for resident visa/permanent resident visa/ British passport/registration, what they are eligible for and how their daughter can travel to Kosovo. Please guide with the proper name of form they have to fill.
Regards.
Posted: Sat Dec 01, 2012 5:01 am
by Directive/2004/38/EC
When did the mother come to the UK? Has she been working since then?
Posted: Tue Dec 11, 2012 2:42 pm
by jassee
She was in this country since 04-2009 and was working ful time untill the birth of baby (08-2010) and not working at all after that.
Regards
Posted: Tue Dec 11, 2012 3:56 pm
by jotter
I don't think the blue card could be permanent residence as she hasn't been in the country long enough. Could it be something from the old worker registration scheme for A8 nations? What does it say on the card?
Registration/passport is only possible if wife or husband are 'settled' which via the EEA-route means having permanent residence from 5 years of continuous treaty rights. Permanent residence for a child of a non-settled EEA citizen is only possible after the child is 5 years old (also due to the 5 year requirement). The residence card (EEA2) would be the one that they'd be looking at.
Posted: Tue Dec 11, 2012 4:00 pm
by Jambo
Shouldn't the child be Polish also?
I understand there is some bureaucracy involved with Polish kids born abroad but getting her a Polish passport would sort most of the issues I believe.
Posted: Tue Dec 11, 2012 4:07 pm
by jotter
Good point. With only the Kosovan passport the child would be looking at EEA2, but getting a Polish passport would make that unnecessary. Permanent residence/citizenship would still be out of the question for the moment, but there would be no difficulty with freedom of movement.
Posted: Thu Dec 13, 2012 4:22 pm
by jassee
When the question was raised about why not to have polish passport for baby, then they replied that marriage is not registered in Poland and baby’s birth certificate has father name on it so they have to go back and live in Poland to sort out about marriage registration, which is time consuming and wife is having husband’s family name in UK but still have old family name in Poland, end of the day they said this is more complicated for them to get polish passport for baby.
Regards
Posted: Thu Dec 13, 2012 5:16 pm
by Jambo
In that case, they can get the child a 5 years Residence Card applying using form EEA2, the same way the father applied
Posted: Fri Dec 14, 2012 2:58 pm
by Obie
Child should be able to acquire
Polish Citizenship
Posted: Fri Dec 14, 2012 7:38 pm
by boloney
of course child is polish citizen. Did they get married in the UK? If so they need to send marriage certificate to someone in poland, then that person have to go to 'urząd stanu cywilnego' and they should be able to get polish marriage certificate. They will have to translate english one to polish language first. They may have some trouble in poland but if that the case get lawyer in poland and they will get it sortet.