Need advice on a complex case- Is a Non-EU child eligible for British passport to a Non eu father with settled status?

[anonymousflag]

I am a Non eu citizen (Indian passport) with settled status through retained right of residence from previous relationship. Me and My wife were blessed with a child 3 months ago. The child was born in India and I am looking at the easiest route to bring my child to the UK.
The EUSS webchat team has confirmed that my child should get British citizenship due to his father having settled status. Additionally, I had contacted the HM Passport Office Enquiries team and one of the team members has confirmed that from the information provided it would appear your child does have a potential claim to a British passport.
I would really appreciate if anyone could confirm if my child is eligible for British passport.
To summarise, I am an Indian passport holder and my child has an Indian passport as well. I have settled status- ILR through EUSS( Retained right of residence through previous relationship). If I get an affirmative response , I can then initiate a British passport application for my child rather than applying for any kind of family visa. I really appreciate your help in this matter. Thanks.

Thanks
SD

[alterhase58]

If the child was born in the UK to a parent with Settled Status/ILR (Father or Mother) then child would automatically be British and could apply directly for a passport. So you need to apply for a visa for child to enter the UK. Child needs Settled Status and then needs to register as British (MN1).
Others will confirm, or otherwise.

[anonymousflag]

If the child was born in the UK to a parent with Settled Status/ILR (Father or Mother) then child would automatically be British and could apply directly for a passport. So you need to apply for a visa for child to enter the UK. Child needs Settled Status and then needs to register as British (MN1).
Others will confirm, or otherwise.

Thank you for your response. As mentioned, Child is born in India.

I have already tried two avenues:
1: Applying for settled status through the online process. I managed to complete the form online but I was unable to choose a biometric centre location in INDIA. It gave me options for UK Biometric centres only. The application is incomplete with Biometric registration and the application is cancelled if you cannot give your fingerprints and photo within 30 days.

2. Applying for a family permit of 6 months to be able to bring the child to the UK and then apply for settled status for the child. But it doesn’t let me proceed as it shows me options for EU citizens only and doesn’t have any process flow for non-EU citizens. I have been asked by the EUSS team to reach out to the general visa team to get my application done for my child for the family permit to bring him to the UK. This was unfruitful as they have zero experience with such a unique case. They had no answers when I mentioned that the online process flow doesn’t allow any non-EU passport holder to apply for the family permit if not in the UK.

When attempting to apply using the online EUSS process, the process directs me to use the “EU Exit: ID Document Check” app. The system requires either a residence permit or residence card to proceed and does not allow me to scan my son’s Indian passport. If I scan my own BRC to continue the process, I am required to select a category.

The closest available category is:
“Close family member of an EEA or Swiss national with a status under the EU Settlement Scheme…”
However, selecting this option appears to automatically register me as a Swiss citizen, which is incorrect. I am an Indian citizen with settled status, not an EEA or Swiss national. The system does not provide an option that accurately reflects my situation, namely, that I am applying on behalf of my minor child on the basis of my settled status under the EUSS.
As a result, I am unsure how to proceed without risking submitting an application under an incorrect category.

I am stuck in this endless loop of confusion.

[CR001]

You cannot apply using the EU scheme as you are not an EU citizen.

Only an EU citizen can sponsor family under rhe EU scheme.

You have to apply under the far more expensive uk immigration visa system for a child visa.

https://www.gov.uk/uk-family-visa/child

A very costly process which would not have been necessary if the child had been born in the uk.

[anonymousflag]

Thank you CR001 for the response/

That family visa is an obvious one ( will cost around 5 grand with IHS etc) but the EUSS team has maintained that I should be able to apply for a family permit or settled status to be able to bring the baby to the UK on the EUSS route. Either of the processes dont have a route for Non eu citizens.

Any idea if anyone here has a similar experience with a non eu baby trying to get to the Uk on a family permit? or to get a family permit application done via email or some other way?

I know Its a long shot but just trying to get as much information as possible.

Thanks

[alterhase58]

Did the EUSS Helpline point you at the relevant rules, appendices or weblinks?

[anonymousflag]

Did the EUSS Helpline point you at the relevant rules, appendices or weblinks?

They pointed me in the direction of applying for family permit and settled status for the child, both for which my child is 100% eligible as per the rules for parent/parents who have settled status. But they had no answers for my questions and concerns around lack of process for someone applying outside the UK for settled status and for a non eu citizen applying for family permit. They asked me to reach to the family visa team in UKVI which also handles family permits and despite several escalations, they had no answers for my questions and agreed that there should be a process for such unique cases to be done via paper form. I have also reached out to other EUSS migrant teams for advice as a final attempt. Also added my case on this forum to see if there's anything I am missing out.

So at this moment, I stand at a point where I feel the General visa teams are not able to help with specific cases , let alone a complex one like mine. I am still waiting for response from some teams.

[CR001]

Your case is NOT complex!!

You are NOT an EU citizen and presumably your spouse is also NOT an EU Citizen.

As you retained rights of residence under the EU rules as a NON EU citizen, the EU scheme route is closed to you and your dependents.

The ONLY way you can use the EU scheme route is if you are married to an EU citizen, who would be the sponsor for a family permit etc.

As NON EU parents, your only route is the expensive UK visa route.

The call centres are staffed by 3rd party agencies.

The rules are very clear.

https://www.gov.uk/family-permit

If you’re the family member of someone from the EU, Switzerland, Norway, Iceland or Liechtenstein
You can apply for the permit if your family member started living in the UK by 31 December 2020. This includes family members who have British citizenship, if they also have:

their citizenship from the EU, Switzerland, Norway, Iceland or Liechtenstein, and if they lived in the UK using their free movement rights before becoming a British citizen (also known as a ‘Lounes’ case)

https://www.gov.uk/family-permit/apply- ... chtenstein

Children who were born or adopted after 31 December 2020 may also be eligible, if they’re the child of either:

someone from the EU, Switzerland, Norway, Iceland or Liechtenstein who was living in the UK by 31 December 2020
the spouse or civil partner of someone from the EU, Switzerland, Norway, Iceland or Liechtenstein who was living in the UK by 31 December 2020, and where the family relationship began before that date