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Hi,

I'm posting this in the hope to get some guidance. I've been on the phone with EU Settlement Resolution and UKVI and nobody could answer exactly my question.

Im Uruguayan my partner is Italian we live in the UK for a couple of years now. We are in pre settle status. My newborn daughter is not a UK citizen. We are waiting for her italian passport and uruguayan passport.

We are planning a trip back to Uruguay for the christmas holidays (where we can go because we are nationals, no covid barriers for us there). Of course if we dont get any of the passports we will not be able to go.

But if we do get the Uruguayan passport (it is the one that is most likely to arrive before the planned trip), I'm not sure we will be able to make a EU Settlement process for my daughter in time.

The question is, with no pre settlement status could I run into an issue when returning with my daughter? Cause I'll be holding only an Uruguayan passport for her and nothing else (i could take her birth certificate, but no idea if that has any value in that situation).

UKVI did not give a clear answer yet, mentioning that "probably" there is no issue.

Cheers
Seb

PD This forum helped me when we were moving to the UK, with the help of this forum and other related sites i was able to apply to the Family Permit without any "agency" or other help. This is site is truly invaluable.

sebasb21 wrote: ↑

Wed Oct 28, 2020 4:05 pm

I'm not sure we will be able to make a EU Settlement process for my daughter in time.

It seems to me that what you need to do, if you succeed in getting her a passport and traveling to Uruguay, is to apply for a 6-month Settlement Scheme Family Permit for her in Uruguay, to facilitate her entry into the UK.

Once in the UK, you'll apply for her Pre-Settled Status.

Well that is not very feasible.

Applying for a FP from Uruguay (past experience with a EU FP) takes at least 3 or 4 months AND I would have to lose control of my daughters only passport/id, so i would have to apply for a uruguayan national id card for her and special permits because the Biometric appointment for the FP is in Argentina! And then you have to wait, for as long as it takes to get your passport back (without any kind of update/feedback).

Lockdown will make this more difficult also. Nobody has a clear picture and every "official" answer sounds very uncertain. I kind of understand, all this situation is crazy.

sebasb21 wrote: ↑

Mon Nov 02, 2020 10:51 am

Applying for a FP from Uruguay (past experience with a EU FP) takes at least 3 or 4 months

If this is unfeasible, by all means try to get her pre-Settled status from inside the UK as soon as the passport is ready, at least apply.

If the worst comes the worst, given you both have status as parents, your baby could be allowed in the UK without any visa on the strength of her Uruguayan passport, but probably not without some surreal discussion with the border officer. But please don't bank on this, as every case is different. See this article on the case of a UK-born baby given a tourist entry stamp (with no right to work.. you know in case she tried to get employment!). Note that in this case the parents had ILR.

kamoe wrote: ↑

Mon Nov 02, 2020 11:00 am

sebasb21 wrote: ↑

Mon Nov 02, 2020 10:51 am

Applying for a FP from Uruguay (past experience with a EU FP) takes at least 3 or 4 months

If this is unfeasible, by all means try to get her pre-Settled status from inside the UK as soon as the passport is ready, at least apply.

If the worst comes the worst, given you both have status as parents, your baby could be allowed in the UK without any visa on the strength of her Uruguayan passport, but probably not without some surreal discussion with the border officer. But please don't bank on this, as every case is different. See this article on the case of a UK-born baby given a tourist entry stamp (with no right to work.. you know in case she tried to get employment!). Note that in this case the parents had ILR.

OP may or may not have trouble boarding a UK-bound plane with their baby.

I know it's heartbreaking and inconvenient, but this winter may not be the time to travel.

ALKB wrote: ↑

Mon Nov 02, 2020 3:27 pm

I know it's heartbreaking and inconvenient, but this winter may not be the time to travel.

Absolutely. Hence why I said don't bank on it.
And even when the couple in the article did went through, their experience was far from pleasant.

kamoe wrote: ↑

Mon Nov 02, 2020 11:00 am

See this article on the case of a UK-born baby given a tourist entry stamp (with no right to work.. you know in case she tried to get employment!). Note that in this case the parents had ILR.

If the mother had permanent residence or ILR (by no means clear that she did), then the baby should have been let in on an EEA regulations stamp as the mother's family member. Otherwise, if the mother was not a qualified person, she could have been excluded for abusing the regulations. Moreover, did she have evidence of the relationship? The baby had no right of entry at a port as a British citizen - she had no British passport! As merely a British national, formal entry permission was required. Of course, the conditions of the entry permission are void, for the baby is a British citizen.

Children of British citizens other than by descent have been admitted to the UK on tourist visas in the past, as a matter of flexibility.

I was doing the pre settlement application for my newborn (we live in the uk, we hold pre settle status already) , the only ID we currently hold for her is a Uruguayan passport so we need to book an appointment for ID check and biometrics. I was surprised to see we have to pay for that.

Am I doing something wrong here? anyone has any experience with this process?

sebasb21 wrote: ↑

Thu Dec 03, 2020 6:11 pm

I was doing the pre settlement application for my newborn (we live in the uk, we hold pre settle status already) , the only ID we currently hold for her is a Uruguayan passport so we need to book an appointment for ID check and biometrics. I was surprised to see we have to pay for that.

Am I doing something wrong here? anyone has any experience with this process?

If there are no free appointments available at ukcvas, then yes, you have to pay ukcvas fee stated.

sebasb21 wrote: ↑

Thu Dec 03, 2020 6:11 pm

I was doing the pre settlement application for my newborn (we live in the uk, we hold pre settle status already) , the only ID we currently hold for her is a Uruguayan passport so we need to book an appointment for ID check and biometrics. I was surprised to see we have to pay for that.

Am I doing something wrong here? anyone has any experience with this process?

Look for different time slots/locations. You maybe lucky to find a free slot.

Yeah, after booking an appointment i realized they were free slots. Either way we needed to do it quick because we need to travel so there was no option.

Cheers!