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Dad EU national. Helpful?

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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Botman
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Joined: Tue Apr 02, 2019 2:08 pm
Oman

Dad EU national. Helpful?

Post by Botman » Thu May 09, 2019 2:57 pm

Hi. Im on a tier 2 visa in UK since one year. My father has nationality of Spain. He lives and works there. An immigration agent just told me that i can get a 3 or 5 year visa by getting sponsored by my father and I won’t have to pay visa fees for frequent visa switches with different employers whenever i switch and i would also get an ILR by the end of 5 years of that visa too. I would just have to go back to my country and apply from there. My father needs to come to UK and get a National Insurance number here and work for a month here just so he has a record here and after that he would be able to sponsor me.

Is that true? Does anybody here know a path like that? Has anybody gone through this pathway?

Thank you!!

Obie
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Re: Dad EU national. Helpful?

Post by Obie » Thu May 09, 2019 3:11 pm

If you are in the UK and Tier 2, working and earning, then it will not work, as you will not be considered as dependant. You can only qualify if you are under 21. The solicitor did not give you full story.
Smooth seas do not make skilful sailors

jmedina
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Re: Dad EU national. Helpful?

Post by jmedina » Thu May 09, 2019 8:25 pm

Botman wrote:
Thu May 09, 2019 2:57 pm
Hi. Im on a tier 2 visa in UK since one year. My father has nationality of Spain. He lives and works there. An immigration agent just told me that i can get a 3 or 5 year visa by getting sponsored by my father and I won’t have to pay visa fees for frequent visa switches with different employers whenever i switch and i would also get an ILR by the end of 5 years of that visa too. I would just have to go back to my country and apply from there. My father needs to come to UK and get a National Insurance number here and work for a month here just so he has a record here and after that he would be able to sponsor me.

Is that true? Does anybody here know a path like that? Has anybody gone through this pathway?

Thank you!!
It is not that easy. Assuming you are over 21, you would need to show that you depend on your dad. If you arrive with your dad at the same time, he would have an initial right of residence of three months, extensive to his direct family members (spouse or child under 21). Extended family members, ascending direct family members or child over 21, need to prove economic dependency. If you have a Tier 2 visa, it would be almost impossible to prove that.
You should apply for the Spanish citizenship, as it can be passed through the descending line. It is pretty straight forward. That's how my wife got hers. 4 month process, maximum. You should register yourself in the London Spanish Council or Embassy, you need your birth certificate (with your dad's name as the father) with the Hague Apostille, and your dad's passport or Spanish ID. Once you get your Spanish birth certificate, your are an EU National yourself, and then get your Spanish passport issued (2 months processing time, maximum).
Good luck.

Botman
Junior Member
Posts: 87
Joined: Tue Apr 02, 2019 2:08 pm
Oman

Re: Dad EU national. Helpful?

Post by Botman » Thu May 09, 2019 9:03 pm

@Obie. Yea I’m working and earning and above 21. If you’re an admin can you please move this post to EEA route applications? Thanks

@jmedina .. how very helpful of you. That’s exactly what i needed. I did a quick google search and what you say seems to be true. Can you kindly direct me to some useful material where i can read up on this? The whole process and which documents are required etc.
Any idea what’s the process if after getting spanish national i want a British passport later on? Not the whole process of getting a british one, just about the switch from spanish to british.
Thanks once again.

Botman
Junior Member
Posts: 87
Joined: Tue Apr 02, 2019 2:08 pm
Oman

Re: Dad EU national. Helpful?

Post by Botman » Fri May 10, 2019 12:05 am

@jmedina. So i have done some search on it and citizenship by option is only for people till 20 years of age and not after that. May i please know if your Mrs. was over 20 she got her citizenship by option?

jmedina
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Re: Dad EU national. Helpful?

Post by jmedina » Fri May 10, 2019 1:04 am

Some important questions:
1) was your father born in Spain or abroad?
2) how old are you?

Regards,
Joaquín

Botman
Junior Member
Posts: 87
Joined: Tue Apr 02, 2019 2:08 pm
Oman

Re: Dad EU national. Helpful?

Post by Botman » Fri May 10, 2019 4:23 am

He was born abroad. Same for grandfather. Both have Spanish passports.

Im 27

Botman
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Re: Dad EU national. Helpful?

Post by Botman » Thu May 30, 2019 9:52 am

Hi. Any help??

secret.simon
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Re: Dad EU national. Helpful?

Post by secret.simon » Thu May 30, 2019 11:00 am

Was your father a Spanish citizen at the time of your birth or did he acquire Spanish citizenship afterwards?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Botman
Junior Member
Posts: 87
Joined: Tue Apr 02, 2019 2:08 pm
Oman

Re: Dad EU national. Helpful?

Post by Botman » Thu May 30, 2019 12:21 pm

He acquired spanish citizenship afterwards by residing in spain. He is not a spanish citizenship by birth.

A related but separate query is my niece is 5 year old. Can she get spanish citizenship through grandfather? Citizenship by option or descent. I understand children can get that if they’re under 18. Do grandchildren have that option too?

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