Travel rights for non-EU family members

[Kruff]

Hello all,

I'm a UK citizen by birth and my Russian partner (living in Moscow) has recently given birth to our son. Our son will therefore be able to hold dual British-Russian nationality.

Will my partner, as the parent of an EU national, be able to travel freely within the Schengen area and UK or at least be able to apply for a different sort of family visa when visiting? Would a UK 'family of a settled person’ visa, for example, enable her to travel within the Schengen zone?

I should point out that we are not married.

Many thanks,

Keith

[Wanderer]

Short answer is no. For immigration purposes the child is British and not EU nationally as the child has not exercised a treaty right.

For 'Family of a settled person' you'd need to be married or have lived as man and wife i.e. cohabiting for 24 months at least.

[noajthan]

Hello all,

I'm a UK citizen by birth and my Russian partner (living in Moscow) has recently given birth to our son. Our son will therefore be able to hold dual British-Russian nationality.

...

See http://www.themoscowtimes.com/news/arti ... 04769.html

[Wanderer]

Hello all,

I'm a UK citizen by birth and my Russian partner (living in Moscow) has recently given birth to our son. Our son will therefore be able to hold dual British-Russian nationality.

...

See http://www.themoscowtimes.com/news/arti ... 04769.html

That all fell by the way side some time ago, Duma dropped it according to my dual British/Russian partner, who's entered and exited several times via Moscow without any fuss...

[secret.simon]

Your Russian partner can travel to any country within the EEA except the UK, provided she is either traveling with your son or traveling to be with your son. She gets no rights of her own, but is dependant on her son who has the freedom of movement across the EEA.

Would a UK 'family of a settled person’ visa, for example, enable her to travel within the Schengen zone?

No, that is a UK visa only. The UK is not a part of the Schengen Zone and Schengen Zone visas will have to be applied for as appropriate.

If you are not married, you will need to prove that the two of you had lived together in "a relationship akin to marriage" for at least two years. That will require proofs like bank accounts in joint names, joint tenancies, etc.

For her to get a visa as a parent of a British child, she will have to be the sole carer for the child i.e. you will have to give up your parental rights and I am not absolutely certain about this, but you may have to do that in court.