Immigrationboards.com

Posted: **Tue Sep 22, 2020 9:32 pm**

The relevant section of the gov.uk website states:

If you’re an Irish citizen
- You do not need to apply for settled or pre-settled status if you’re an Irish citizen.

However, if you’re an Irish citizen and your child is not a British citizen, they’ll be eligible for either:

- the same status that you could get, based on how long you’ve lived in the UK
- settled or pre-settled status, based on their own residence

(https://www.gov.uk/settled-status-eu-ci ... -for-child)

if read correctly, a child of an Irish citizen, if applying under the scheme, may obtain a settled status based on his/her Irish parent's residence if it would qualify a parent for such status (i.e. residing in UK for more than 5 years). The child would not need to have resided for 5 years in UK at the time of the application.

Would that be correct interpretation?

Posted: **Tue Sep 22, 2020 10:45 pm**

saddleback wrote: ↑
Tue Sep 22, 2020 9:32 pm
if read correctly, a child of an Irish citizen, if applying under the scheme, may obtain a settled status based on his/her Irish parent's residence if it would qualify a parent for such status (i.e. residing in UK for more than 5 years). The child would not need to have resided for 5 years in UK at the time of the application

It seems so.

Appendix EU of the UK Immigration Rules wrote:EU11. The applicant meets the eligibility requirements for indefinite leave to enter or remain as a relevant EEA citizen or their family member...

7.(a) The applicant is a child under the age of 21 years of a relevant EEA citizen, or of their spouse or civil partner, and:
...(b) The relevant EEA citizen (or, as the case may be, their spouse or civil partner):
(ii) (in the case of an Irish citizen who has not made a valid application under this Appendix) would be granted that leave if they made such an application;

Posted: **Tue Sep 22, 2020 11:24 pm**

Not just for Irish citizens, but all children under 21 can benefit.

Posted: **Tue Sep 22, 2020 11:46 pm**

Excellent. Thank you for confirming this.

7. A child under 21 would therefore have to fulfil the following requirements:

(a) The applicant is a child under the age of 21 years of a relevant EEA citizen, or of their spouse or civil partner, and either:
(i) The marriage was contracted or the civil partnership was formed before the specified date; or
(ii) the person who is now their spouse or civil partner was the durable partner of the relevant EEA citizen before the specified date (the definition of durable partner in Annex 1 being met before that date rather than at the date of application) and the partnership remained durable at the specified date; and
(b) The relevant EEA citizen (or, as the case may be, their spouse or civil partner):
(i) has been or is being granted indefinite leave to enter or remain under this Appendix (or under its equivalent in the Islands); or
(ii) (in the case of an Irish citizen who has not made a valid application under this Appendix) would be granted that leave if they made such an application; or
(iii) meets the requirements of sub-paragraph (e)(ii) or (e)(iii) of the definition of relevant EEA citizen in Annex 1; or
(iv) is a relevant naturalised British citizen (in accordance with sub-paragraphs (b), (c) and (d) of the relevant definition in Annex 1)

https://www.gov.uk/guidance/immigration ... ppendix-eu

Phrased differently, the applicant needs to be a (1) child aged 21 or less, his/her parents (2) were married/in civil partnership at time of his/her birth, child's Irish parent (3) would qualify for the settled status (i.e. has been residing in UK for more than 5 years by a certain date in 2020 (?!).

Now, the valid application for the indefinite leave to enter needs to:

EU9. A valid application has been made under this Appendix where:
(a) It has been made using the required application process;
(b) The required proof of identity and nationality has been provided, where the application is made within the UK;
(c) The required proof of entitlement to apply from outside the UK has been provided, where the application is made outside the UK; and
(d) The required biometrics have been provided.

Where can the list of documentation in support of the application for the indefinite leave to enter made outside of UK be found please?

Posted: **Wed Sep 23, 2020 11:51 am**

secret.simon wrote: ↑
Tue Sep 22, 2020 10:45 pm

saddleback wrote: ↑
Tue Sep 22, 2020 9:32 pm
if read correctly, a child of an Irish citizen, if applying under the scheme, may obtain a settled status based on his/her Irish parent's residence if it would qualify a parent for such status (i.e. residing in UK for more than 5 years). The child would not need to have resided for 5 years in UK at the time of the application
It seems so.

Appendix EU of the UK Immigration Rules wrote:EU11. The applicant meets the eligibility requirements for indefinite leave to enter or remain as a relevant EEA citizen or their family member...

7.(a) The applicant is a child under the age of 21 years of a relevant EEA citizen, or of their spouse or civil partner, and:
...(b) The relevant EEA citizen (or, as the case may be, their spouse or civil partner):
(ii) (in the case of an Irish citizen who has not made a valid application under this Appendix) would be granted that leave if they made such an application;

Thanks! Where can the list of documentation in support of the application for the indefinite leave to enter made outside of UK be found please?

Posted: **Wed Sep 23, 2020 1:08 pm**

saddleback wrote: ↑
Wed Sep 23, 2020 11:51 am
Thanks! Where can the list of documentation in support of the application for the indefinite leave to enter made outside of UK be found please?

While there isn't a consolidated list of proof that I could find, given the requirements, you would need proof that
a) the parent is an Irish citizen;
b) that the Irish parent citizen spent five years in the UK and acquired PR (ideally within the last two years). Generally the proof expected would be letters from govt departments (council tax payments, DWP or HMRC letters, etc) covering a continuous period of five years
and
c) the birth certificate of the child to prove the parentage of the child.

Posted: **Wed Sep 23, 2020 1:47 pm**

secret.simon wrote: ↑
Wed Sep 23, 2020 1:08 pm

saddleback wrote: ↑
Wed Sep 23, 2020 11:51 am
Thanks! Where can the list of documentation in support of the application for the indefinite leave to enter made outside of UK be found please?
While there isn't a consolidated list of proof that I could find, given the requirements, you would need proof that
a) the parent is an Irish citizen;
b) that the Irish parent citizen spent five years in the UK and acquired PR (ideally within the last two years). Generally the proof expected would be letters from govt departments (council tax payments, DWP or HMRC letters, etc) covering a continuous period of five years
and
c) the birth certificate of the child to prove the parentage of the child.

Thank you Simon.

I found staff at visa application centre to be eager to help but at times confused between the two pathways, so the onus is on me to do as much prep work as possible.

I cannot find the reference to the cost of ILE as part of EUS pathway. The schedule pegged above does not list it. Would you please signpost?

My DCPR was issued in 2017 but plenty of alternative evidence confirming residence since that date. Does DCPR assume the weight of proving 5 years of reckonable residence to benefit the child's applicant?

Thank you kindly.

Posted: **Wed Sep 23, 2020 2:10 pm**

saddleback wrote: ↑
Wed Sep 23, 2020 1:47 pm
My DCPR was issued in 2017 but plenty of alternative evidence confirming residence since that date. Does DCPR assume the weight of proving 5 years of reckonable residence to benefit the child's applicant?

Since you already have a DCPR dating from 2017, you should include that in the evidence, as well as proof that you were resident for at least a year afterwards - proof of longer residence would be better (to prove that you have not lost the PR due to absence) and so would be eligible for Settled Status yourself if you applied for it.

saddleback wrote: ↑
Wed Sep 23, 2020 1:47 pm
I cannot find the reference to the cost of ILE as part of EUS pathway.

To the best of my knowledge, all applications under the Settled Status scheme are free. But wait for others to comment.

saddleback wrote: ↑
Wed Sep 23, 2020 1:47 pm
I found staff at visa application centre to be eager to help but at times confused between the two pathways, so the onus is on me to do as much prep work as possible.

Not surprised. The route that your child is applying on is very niche. I think you are the first person on these forums to try out this particular route. So I would not be surprised if the staff in the visa application centre are not aware of this route at all.

Posted: **Wed Sep 23, 2020 5:28 pm**

secret.simon wrote: ↑
Wed Sep 23, 2020 2:10 pm
Since you already have a DCPR dating from 2017, you should include that in the evidence, as well as proof that you were resident for at least a year afterwards - proof of longer residence would be better (to prove that you have not lost the PR due to absence) and so would be eligible for Settled Status yourself if you applied for it.

To the best of my knowledge, all applications under the Settled Status scheme are free. But wait for others to comment.

Not surprised. The route that your child is applying on is very niche. I think you are the first person on these forums to try out this particular route. So I would not be surprised if the staff in the visa application centre are not aware of this route at all.

Ok, the better for fellow incumbents in future applications!

From what I gather:

- You can apply for status under the EU Settlement Scheme from outside the UK.
- You must use the EU Exit: ID Document Check app to verify that you’re entitled to apply from outside the UK.
- If you’re not an EU, EEA or Swiss citizen, you must use your UK residence card with a biometric chip.

If you cannot scan your document
- If you’re not an EU, EEA or Swiss citizen and the app does not scan the biometric chip in your UK residence card, contact the EU Settlement Resolution Centre. You should not send this document to the UK by post.

If you cannot post your identity document
- Some countries do not allow identity documents to be sent across national borders or require you to keep it on your person.
- If you’re not able to post your identity document to us, contact the EU Settlement Resolution Centre.
- These countries include:

* Russia et al

I have just spoken to the EU Resolution centre, who were utterly confused.

When I go to select the type of visa on gov.uk website, it offers either to apply for EUS scheme family permit (free) or Family Settlement (ca. £1500). I am clearly off mark with the second type but this is the closest to ILE (Indefinite Leave to Enter) I can in conjunction with a visa application made outside of UK.

Since it is virtually impossible to contact embassy in Moscow, what is my best bet to take this application forward?

Posted: **Thu Sep 24, 2020 5:32 pm**

secret.simon wrote: ↑
Wed Sep 23, 2020 2:10 pm

saddleback wrote: ↑
Wed Sep 23, 2020 1:47 pm
I cannot find the reference to the cost of ILE as part of EUS pathway.
To the best of my knowledge, all applications under the Settled Status scheme are free. But wait for others to comment.

Hi Simon,

would you signpost/ suggest ppl on the forum to speak to? I have gone through dozens of sites and no luck so far.

Posted: **Fri Sep 25, 2020 10:33 am**

Child of an Irish citizen is also an Irish citizen, so why are you doing any of this?

Posted: **Fri Sep 25, 2020 12:55 pm**

UK245 wrote: ↑
Fri Sep 25, 2020 10:33 am
Child of an Irish citizen is also an Irish citizen, so why are you doing any of this?

The child is not Irish. Don't assume things, check a users previous posts to understand the circumstances.

ireland/foreign-birth-registration-t277 ... l#p1921261

Posted: **Sat Sep 26, 2020 4:34 pm**

An update:

Simon suggested above the list of the requested documents. I have now received an official confirmation regarding the list of documents required to apply on behalf of a child of an Irish citizen (UPD: Obie adds that the same path is applicable to other European citizens), who is not an Irish or UK citizen, and whose Irish parent did not but would qualify for a settled status.

The answer from HO is the following:

Dear XXX,

We understand from your email dated 22 September 2020 that you are an Irish Citizen and want to know how to apply for your child.

Irish citizens enjoy a right of residence in the UK that is not reliant on the UK’s membership of the EU.

They will not be required to apply for status under the scheme but may do so if they wish.

Their family members (who are not Irish citizens or British citizens and who do not have leave to remain in the UK) will be able to make an application for status under the scheme without the Irish citizen doing so.

Where the family member applying for status under the scheme is a non-EU citizen without the documented right of permanent residence, their status here under EU law depends on their current or past family relationship to an EU citizen resident in the UK.

Therefore, the applicant will need to provide proof of the identity and nationality of the relevant EU citizen of whom the applicant is the family member (or was so for the relevant period).

In the case of an Irish citizen, this will be their full birth certificate or other official documentation which satisfies the caseworker of their identity and Irish nationality (not necessarily their valid Irish passport, as would be the case for any other EU citizen).

Under the EU Settlement Scheme each child needs to apply.

A child can apply for settled or pre-settled status if they’re under 21 and either:

• they’re an EU, EEA or Swiss citizen

• they are not an EU, EEA or Swiss citizen, but you are - or your spouse or civil partner is

If you are a non-British child under the age of 21, and your parent is an Irish citizen (who has not made a valid application under the scheme), you will be eligible for either:

• the same status your parent could get (if they were to apply), based on how long they have lived in the UK
• settled or pre-settled status, based on your own residence

You should also ensure that you upload a copy of your child's birth certificate. You can do this during the application process.

For further information please visit: https://www.gov.uk/settled-status-eu-ci ... -for-child

To apply for your child please use the following link: https://www.gov.uk/settled-status-eu-ci ... led-status

If you choose to use the the EU Exit: ID Document Check app please note that if your child is 10 years old or younger, they will not be asked to scan their face. However, you will be required to take a ‘selfie’ photo of them. For further information, please visit: https://www.gov.uk/guidance/using-the-e ... -check-app

Should you require further information about the EU Settlement Scheme, please go to https://www.gov.uk/settled-status-eu-citizens-families or alternatively, contact the EU Settlement Resolution Centre by phone on 0300 123 7379 (from inside the UK), 0203 080 0010 (from outside the UK) or by submitting a further question using the online enquiry form https://eu-settled-status-enquiries.ser ... v.uk/start

UKVI is keen to continually review and improve its service to our customers. To help us to do so, we would be grateful if you could complete our customer survey https://homeoffice.eu.qualtrics.com/jfe ... DBhhKZnDW5

Please note we cannot deal with any enquiries/replies sent directly to this mailbox.

I am still not clear how can an application be made from the (1) outside UK if the applicant (2) does not have the BRP as this alone would not allow the applicant to use EU Exit: ID check app. I will keep on digging bout would massively appreciate pointers from more senior board members.

Posted: **Sat Sep 26, 2020 4:39 pm**

Obie wrote: ↑
Tue Sep 22, 2020 11:24 pm
Not just for Irish citizens, but all children under 21 can benefit.

Hi Obie,
Offtopic, my messages are on pre-moderation and I cannot send PMs. Did I break any rules along the way?

Posted: **Sat Sep 26, 2020 4:44 pm**

saddleback wrote: ↑
Sat Sep 26, 2020 4:39 pm

Obie wrote: ↑
Tue Sep 22, 2020 11:24 pm
Not just for Irish citizens, but all children under 21 can benefit.
Hi Obie,
Offtopic, my messages are on pre-moderation and I cannot send PMs. Did I break any rules along the way?

Your post is there now, it required moderator approval sometimes when a person posts weblinks. You should post in public please. You also don't have PM function yet.

Posted: **Sat Sep 26, 2020 4:47 pm**

You beat me to it. I just approved it.

Posted: **Sat Oct 03, 2020 12:28 pm**

Hello everyone, I face an uphill battle here regarding requirements for applying for settled status from abroad.

I have just received the answer from HO. My question was concerning eligibility of applying for Settled Status for my child from outside the UK.

From the information which you have provided, it is understood that you would like to know how to apply to the EU Settlement Scheme for your child from outside the UK.

For applicants to apply from abroad, (1) they must have prior residence in the UK.

For more information about how to apply to the scheme from outside of the UK, please see the following:
https://www.gov.uk/guidance/eu-settleme ... ide-the-uk

If your child has never been resident in the UK, you will be able to (2) apply for status under the scheme for them once they enter the country.

Family members who are resident in the UK by 31 December 2020 can make an application before the deadline of 30 June 2021.

I am not clear whether the applicant indeed needs to have a 'prior residence in the UK'. I found the guidelines above which confirms that no residence is required, however. I would stand corrected if I misunderstood that, so please suggest.

I may concede that I need to apply for a EUSS family permit before entering the country only to apply for a (2) settled status from inside the country. It would run contrary, however, to force the applicant to enter the country on USS family permit and then force the applicant to apply for some kind of leave (to obtain a BRP) only to apply for a settled status to which the applicant appears to be entitled at the outset.

Worryingly, it appears that HO (3) will not consider our application after 31/12/2020. It is unlikely that we enter the country before the end of this year. Please suggest if I misunderstood this point.

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