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None EAA with settle status

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

cruze24
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None EAA with settle status

Post by cruze24 » Thu Feb 04, 2021 5:23 am

I am from none EAA but just got my settle status as former partner of EAA after divorced in 2015 . I have a daughter born after my divorced and want to know how can she become a British citizen with my settle status as an EAA

vinny
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Re: None EAA with settle status

Post by vinny » Thu Feb 04, 2021 7:58 am

If she was born in the U.K., then she is entitled to register.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Obie
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Re: None EAA with settle status

Post by Obie » Thu Feb 04, 2021 9:44 am

Just for completeness. If she was born in UK 5 years after date of your initial marriage, then she may qualify for citizenship.
Smooth seas do not make skilful sailors

cruze24
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Re: None EAA with settle status

Post by cruze24 » Thu Feb 04, 2021 10:20 am

@ vinny thanks for your prompt response . She was born 2017 after my divorced with my EEA . Do you mean registered for Naturalisation wnd what’s the cost ? @ obie am confused as I don’t think there is a law which state a settle status kids must be 5 years in uk before she can qualify as . Please explain as well .

cruze24
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Re: None EAA with settle status

Post by cruze24 » Thu Feb 04, 2021 10:39 am

@obie my initial marriage date was 2012 , divorced 2016 and get my right to reside 2017 . And she was born in the Uk 2017 . Can she qualify ?

Obie
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Re: None EAA with settle status

Post by Obie » Thu Feb 04, 2021 10:50 am

It depends on when you married you former spouse.

Was your child born before what would have been the 5th anniversary of your marriage, had you not divorce?

When did you divorce by the way?
Smooth seas do not make skilful sailors

cruze24
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Re: None EAA with settle status

Post by cruze24 » Thu Feb 04, 2021 10:54 am

@obie was married 2012 and my child was born 2017 after my divorced in 2016 . And was qualify for my right to retain as an Eaa who is former partner to an Eaa

Obie
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Re: None EAA with settle status

Post by Obie » Thu Feb 04, 2021 11:00 am

I still cannot assist. As if you were married in April 2012 and your child born in January 2017, is a world of difference than your child born in May 2017.

Further, my advice presupposes that you ex had exercised treaty rights until your divorce and you exercised rights until what would have been the 5th Anniversary of your marriage if you were still married, and your child was born on or after that 5th Anniversary.

So it makes no sense giving vague answer like 2012 or 2017.
Smooth seas do not make skilful sailors

cruze24
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Re: None EAA with settle status

Post by cruze24 » Thu Feb 04, 2021 11:12 am

@Vinny yes she was Born here in Uk January 2017

JB007
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Re: None EAA with settle status

Post by JB007 » Thu Feb 04, 2021 11:37 am

cruze24 wrote:
Thu Feb 04, 2021 10:39 am
@obie my initial marriage date was 2012 , divorced 2016 and get my right to reside 2017 . And she was born in the Uk 2017 . Can she qualify ?
Is the father of your child, your ex-husband'?

In the UK, as in some other countries, the baby is considered to be the child of the husband, even if he isn't the biological father. For the birth certificate, the name of the husband the mother is married to, is put on the bitrth certtificate as "father" and the husband does not have to be present when the birth is registered.

For cases when the mother is not married at the time of the birth, I believe that both parents have to agree to have the man's name put on the birth ceriificate as "father", or the name of the father is not recorded on the birth registation.

JB007
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Re: None EAA with settle status

Post by JB007 » Thu Feb 04, 2021 12:05 pm

Obie wrote:
Thu Feb 04, 2021 11:00 am
I still cannot assist. As if you were married in April 2012 and your child born in January 2017, is a world of difference than your child born in May 2017.

Further, my advice presupposes that you ex had exercised treaty rights until your divorce and you exercised rights until what would have been the 5th Anniversary of your marriage if you were still married, and your child was born on or after that 5th Anniversary.

So it makes no sense giving vague answer like 2012 or 2017.
I think the OP is saying that following her divorce, she retained right of residence by being married to an EEA citizen. After her divorce, she then had a baby with somebody else? She wants to know if she can apply for her child to be a British citizen via her status.

cruze24
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Re: None EAA with settle status

Post by cruze24 » Thu Feb 04, 2021 8:53 pm

Please the last comment is what am a man and not woman . It’s he have another child with someone else after my divorced and have a retain right of residence . Been working in Uk since 2010 with my tax paid and NI records intact . Will my Daugther qualify for British citizen after my settled status ?

NatCam
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Re: None EAA with settle status

Post by NatCam » Thu Feb 04, 2021 9:05 pm

Was the father a permanent resident when the child was born?
Were you a permanent resident when the child was born? (did you hold a card of a permanent resident of UK?)
Is your child an EEA citizen?
When you applied for settled status did you include your child too?

cruze24
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Re: None EAA with settle status

Post by cruze24 » Thu Feb 04, 2021 9:10 pm

@natcam . She is not Eaa . 2 she was not included in the application . 3 I hold the 5 years extension of EAA right to reside in Uk

NatCam
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Re: None EAA with settle status

Post by NatCam » Thu Feb 04, 2021 9:13 pm

cruze24 wrote:
Thu Feb 04, 2021 9:10 pm
@natcam . She is not Eaa . 2 she was not included in the application . 3 I hold the 5 years extension of EAA right to reside in Uk
And the father?

cruze24
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Re: None EAA with settle status

Post by cruze24 » Thu Feb 04, 2021 9:20 pm

I have a right to reside after my divorced and already got my settle status last week

NatCam
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Re: None EAA with settle status

Post by NatCam » Thu Feb 04, 2021 9:40 pm

Settled or pre-settled?
Why didn't you include your child? What status does she/he has in the UK?

cruze24
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Re: None EAA with settle status

Post by cruze24 » Thu Feb 04, 2021 11:07 pm

Got a settle status as was married to my former partner in 2012 divorced 2016 and get right to reside 2017 . Don’t know why my solicitor didn’t include her.only know to her

vinny
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Re: None EAA with settle status

Post by vinny » Fri Feb 05, 2021 10:19 am

cruze24 wrote:
Thu Feb 04, 2021 8:53 pm
Please the last comment is what am a man and not woman . It’s he have another child with someone else after my divorced and have a retain right of residence . Been working in Uk since 2010 with my tax paid and NI records intact . Will my Daugther qualify for British citizen after my settled status ?
Are you the father or mother of your daughter?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

cruze24
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Re: None EAA with settle status

Post by cruze24 » Fri Feb 05, 2021 12:13 pm

I am the father vinny

NatCam
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Re: None EAA with settle status

Post by NatCam » Fri Feb 05, 2021 3:22 pm

Is your daughter living with you? What is her legal status in the UK?
Was the mother a permanent resident of UK when the child was born?

cruze24
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Re: None EAA with settle status

Post by cruze24 » Sat Feb 06, 2021 10:08 am

@natcam . Yes she lived with me since her birth and have legal custody of her . She has no status yet but was born here in uk . and her mother is a foreign student also .

NatCam
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Re: None EAA with settle status

Post by NatCam » Sat Feb 06, 2021 11:01 pm

Why doesn't she have a status? What nationality is she?
Was the mother a permanent resident when the child was born? (I'm asking again since you didn't answer.)

Obie
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Re: None EAA with settle status

Post by Obie » Sat Feb 06, 2021 11:14 pm

Precision is very important in your case, the difference between you child claiming automatic citizenship and applying passport immediately or you having to pay over a £1000 for registration, depends on whether it was exactly or 5 years since the date of your marriage on the day your daughter was born.

If that is the case, you may be able to secure citizenship, and your partner can speedily regularise your status.
Smooth seas do not make skilful sailors

cruze24
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Re: None EAA with settle status

Post by cruze24 » Sun Feb 07, 2021 12:42 pm

@obie . Yes my marriage was October 22 2012 . Am ready to pay the 1000 pounds . But will my child be qualified as she was born in January 2017 ? To none EAA? She is from Ghana on a student visa when she was born Because I don’t want to waste any money for so called HO as they are rip off .

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