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Dear all,

I have a tricky one here and couldn't find much infos on it . What is the statut of a child born in the uk from a father who has retained his right of residence following a divorce and a mum who is a non eea student?

Many thanks,

rodrimarto wrote:Dear all,

I have a tricky one here and couldn't find much infos on it . What is the statut of a child born in the uk from a father who has retained his right of residence following a divorce and a mum who is a non eea student?

Many thanks,

Could anyone help me clarify those please?
Many thanks

I was wondering about this myself. But under Eu law, your kids have the same right as the eea national irrespective of their mother. Therefore, I believe everything remains the same even when you have ror.

rodrimarto wrote:Dear all,

I have a tricky one here and couldn't find much infos on it . What is the statut of a child born in the uk from a father who has retained his right of residence following a divorce and a mum who is a non eea student?

Many thanks,

If you have retained your rights, you can't act as a "sponsor" to other people. The baby will have the same status of/be dependant of his mother. Your status has no affect on the baby.

Please note that UK born children don't need to have a valid leave to stay in the UK after birth. They will require one if they leave and would like to return to the UK.

Ricardo wrote: But under Eu law, your kids have the same right as the eea national irrespective of their mother.

True but in this case the OP is NOT a EEA national. He only retained his own right of residence. You are not considered EEA national if you have ROR.

If the child was born prior to the divorce, and residing in the UK then he too will retain his right of residence. The mother may be able to claim derivative right depending on the circumstances.

Sorry Jambo - old post but for my own knowledges i would like to understand more. So if you are holding ROR and need to travel with new born baby, what should you do?